Customers want answers, claim they were swindled by Wichita-based pool builder

WICHITA, Kan. (KSNW) — At least a dozen people in Sedgwick County claim they have been swindled by a business that installs swimming pools. Now, the district attorney's office says it is investigating.

The Sedgwick County District Attorney's Office said its consumer protection division is investigating after at least a dozen people alleged they were swindled by a business that installs swimming pools.

Donna Berry said that after entering into a contract with Tom Binyon and shelling out north of $55,000, she was left for months with nothing but a large hold in her backyard. 

She said she signed the contract in April to have Binyon build her dream pool. Now, she's out the money and had to pay to fill it back in. 

"I gave him $55,000. I just never once thought in a million years, I would have nothing to show for it," said Berry. 

Dave Phillips said that in November of last year, he contracted with Binyon to build his family a pool and was left with the same result. 

"We paid him upfront. He asked for $22,000 in advance for the coping and the concrete. We gave that to him. It never happened. Before that, unfortunately, he asked for $16,000 for the automatic pool cover ... Wrote him that check. Never showed up. Told us where he bought it. We called them. No record," said Phillips. 

Binyon told KSN that he was a franchisee in 2023, but in December, he said, he was mutually terminated from that company and started a business under a new name. 

Binyon admits that when he started in the pool business in 2019, he misbid concrete projects, making his business unprofitable, but he never intended to steal his customers' money. 

"I am deeply sorry that we came to this point. This is not what I had in mind at my age. I've tried to be open and communicate with my customers. They might not say I have been as communicative as I could be, but there was no ill will or bad intent," said Binyon. 

Binyon said he wants to make it right with his customers, but Berry, Phillips, and dozens of others who share their stories online say that Binyon has yet to take action. 

"I look back on this a lot. I look back and say, 'What could I have done differently throughout the entire course of business?'" said Binyon. 

A representative with the Better Business Bureau said Binyon's business received an F-rating for unresolved complaints. She said to always be weary of someone asking for full payment upfront. 

"Never pay more than a third of the total job upfront. You can pay a third when it's halfway through, and then the remaining third should be paid at the end when you're completely satisfied," said BBB of Midwest Plains VP of Operations Denise Groene. 

Groene said to check with the BBB before agreeing to do business with a company. 

As for legal action, multiple people have filed complaints in Sedgwick, Reno, and Butler counties, and they are being investigated. 

Other people speaking out against Binyon, saying they too were scammed, spoke with KSN on Monday and had the following to say:

"I think he's going to continue to do this. He's changed company names three different times. I don't think this guy is going away, and that is what we don't want to see. We want to see others not go through what we have," said Ryan Warden.

"He kept saying he was coming back to finish the job. That never happened, we want some answers, and Tom Binyon is held accountable," said Ashley McCullough.

"We had to deal with extra costs and hiring a new company to finish the job, but to see other people worse off is really sad," said Tommy Gonzales. 

Go to bbb.org to learn more about the BBB and scams, find a business, or report a scam.