Pool company accused of leaving homeowners with unfinished work, NC Attorney General files lawsuit

RALEIGH, N.C. (WTVD) -- Another chapter is unfolding in an I-Team Troubleshooter investigation into a North Carolina pool and spa company.

After ABC11's investigation into Backyard Leisure, the NC Attorney General is taking action.

"My job here is to get the money back for those people. It's real straightforward," said Attorney General Jeff Jackson. "We always advise consumers before you make a major purchase with a construction company, put them into the Google machine, look them up, and see what the reviews are. In the case of this business, I think that could have protected some folks from losing some money."

A complaint was just filed against the company and its owner, Robert A. Mosher.

Troubleshooter Diane Wilson first investigated Backyard Leisure in the spring of 2024 after customers who ordered and paid in full for hot tubs waited months for delivery.

After our stories, several of those customers did get their promised spas.

MORE | Read the full complaint here (.pdf)

One complaint came from Sanford couple Rebecca and Moses Yingling. They first told their story to the ABC11 Troubleshooter.

"We are happy this has finally come to fruition," said Rebecca Yingling. "I would track them down and say, hey, you told me someone would be here today. Nobody has been here. What's going on? It would take days and weeks to get another fake update where they'd give a new date, and nobody would show that date."

The couple said they paid $105,000 for a pool that the company eventually installed after giving them the runaround. They told ABC11 they are still owed $4,000.

"The fact that they got us for $100,000 for dropping a shell in the ground. That was crazy to me. If they do this to three families a month, that's a lot of money at the end of the year. They're backing up until the end of the year and will just file bankruptcy," said Moses Yingling.

Then, this summer, The Troubleshooter again investigated Backyard Leisure when multiple customers paid thousands for pools and were left with unfinished work.

Jackson alleges that the company violated North Carolina's laws by: Collecting full payment in advance but failing to deliver swim spas and hot tubs or install pool equipment; not paying subcontractors or the spa, hot tub, and pool equipment manufacturers; lying to customers about the expected delivery and installation dates and then blaming the manufacturer for delays; subjecting consumers who sign a contract to buy a pool to an unfair arbitration clause; and promising consumers they would receive refunds but never refunding their money.

Since 2024, the North Carolina Department of Justice says it's received 53 complaints from consumers about their issues with the company. Twenty-one complaints remain unresolved.

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"These customers saved up years of money to make a substantial investment in their homes, and now they're out tens of thousands of dollars with nothing to show for it," Jackson said. "I'm taking this company to court because it lied to North Carolinians. We're going to try to win their money back."

As part of the complaint, Jackson is asking the court to order Backyard Leisure to pay more than $520,000 in restitution to customers.

He's also seeking preliminary and permanent injunctive relief, civil penalties, and attorneys' fees.

Jackson credited the I-Team for bringing the issue to his attention.

"Your investigation lets other people see that, oh, this happened to me. Now, I know where to go for help. They come to the attorney general, make a complaint, and now they're part of our lawsuit. We can help them get their money back," said Jackson.

The ABC11 I-Team reached out to Backyard Leisure and its owner for comment, but has not heard back.