Another Am I getting Shafted Question

[The Evil Twin]

Nice find @GeoHorn ! I didn't even see that.
@Swamp if they cashed your check you have a contract. Both of you have to abide by it. We got an attorney because our custom home started to go sideways. We began to think that the builder was trying to get us to back out and sell our home at a higher price than what we signed for. Home prices skyrocketed in our area. We never exercised our legal options because things finally fell into place. We just wanted to get an attorney on the payroll "in case". The initial consultation- reading all the contracts, permits, county docs was initially free. We did have her draw up a letter of notice of breach of contract but it was never sent because things worked out. That cost us several hundred but was worth it. Point is, getting an attorney in your pocket won't cost much if anything. But it could save you thousands.
It almost sounds like the K dealer is trying to pull the same thing we thought our builder was trying to pull.

 

[ajschnitzelbank]

@Swamp , that really sucks, I’m sorry to hear it.

I don’t know anything about the law, but based on my experience I believe it is possible for them to honor the price.

I ordered an L4701 with loader and BH August 2021. I had only a credit application and quote/invoice not exactly sure which it was or if there’s a meaningful distinction (no down payment).

The tractor and loader arrived spring 22, hoe in summer 22. They honored the trade in value, the price, and the financing (0% for 72 months). This was Emerich in NYS.

I hope this is one of those situations where the dealer tries jerking you around, but as soon as you push back they act right.

I agree with others, if it were me, I’d spend a couple hundred on a legal consultation so you know where you stand and can sound knowledgable when you speak to them.

 

[Rdrcr]

The dealer explained to me that the reason for the expiration date on the quote was because on Jan 1, Kubota locks down the system so that nothing can be ordered while all of the pricing is changed. That was why they said I needed to get there with a down payment prior to that in order to lock the 2021 price in. Therein lies my anger. I did exactly what they said I needed to do to lock in the price and now in my opinion they are trying to screw me over.

That’s just horrible. They truly are not honoring their commitment.

I had a similar situation regarding locking in pricing when I purchased my L2501. However, if memory serves me correctly, they had me sign the complete sales agreement/contract. But, I’d have to pull my file to confirm.

As others have suggested, I would contact an attorney and use them if the owner of the dealer fails to agree to the original terms.

Mike

 

[Swamp]

Ugh. That's also quite poor. I'd be writing to Kubota (who I think control the actual pricing here), and explaining the history, the promises along the way, and what's now happening. I feel like I've seen multiple stories of Kubota making things right in this kind of situation.

I did use the email contact on the Kubota home site, but I'm not sure if that was the correct venue to address a problem like this. I couldn't really find a "customer support" link.

Nice find @GeoHorn ! I didn't even see that.
@Swamp if they cashed your check you have a contract. Both of you have to abide by it. We got an attorney because our custom home started to go sideways. We began to think that the builder was trying to get us to back out and sell our home at a higher price than what we signed for. Home prices skyrocketed in our area. We never exercised our legal options because things finally fell into place. We just wanted to get an attorney on the payroll "in case". The initial consultation- reading all the contracts, permits, county docs was initially free. We did have her draw up a letter of notice of breach of contract but it was never sent because things worked out. That cost us several hundred but was worth it. Point is, getting an attorney in your pocket won't cost much if anything. But it could save you thousands.
It almost sounds like the K dealer is trying to pull the same thing we thought our builder was trying to pull.

The problem is I didn't give them a check, I gave them cash, but in my opinion since I have the documentation of that transaction I'm not worried about that. The attorney should be reviewing the papers this week. As of this moment I have not had a response from Kubota nor any response for dealer regarding the supposed recorded phone call where they advised my wife of a price increase. I guess it will make fpor an interesting story one way or another in the end.

 

[Swamp]

Perfect opportunity to skip getting stuck with the orphan model 4701 and get the far better MX for the same money

Well, for someone in my financial circumstances the price of the MX makes it a no go. Also, they no longer show the MX4800 as an option. My case is what I believe to be typical. I am looking for a decent hp tactor in a small package since working in the woods without cutting huge roads requires a small footprint. Everything I see in the description of the L4701 suits my needs or should I say suited my needs. Now the price doesn't suit my needs. If this doesn't work out, I'll just go buy an old case IH loader hoe and orange will be nothing but a glow in the rear-view mirror.
One other thing that I did not mention dealt with the financing and an actual invoice. During our discussions I asked about a sales agreement. I was told that since the factory could not provide a S/N that I could not initiate the financing and that no invoice could be generated. I was told that when the tractor is scheduled to be built that the dealer would be notified as that is when a serial number is assigned. That was why I emailed the dealer once per month asking if they had been notified of the tractors pending build. That is also why I was caught so off guard about the arrival of the tractor. Another thing that disappoints me is the actual arrival time. Although I was never guaranteed an arrival date the dealer seemed pretty confident in the 6–8-month time frame so June to August delivery. So now even if I am able to prove that the dealer does not have the right to jack up the price, I will have a brand-new tractor sitting in the shed for 5 months waiting for the ground to thaw. I would have much preferred to exercise the machine and sort it out for any quirks or issues immediately. I'm also guessing that since the dealer has not responded to my verbal request for the said recorded phone conversation nor have, they responded to email request for that same conversation, my attorney will be forced to request it and that will cost me money also. I have way more principles than I have money, but if I prove I am right, and it cost me some $$ it will be worth it.

 

[Mark_BX25D]

Oh, for crying out loud! You have a NINE THOUSAND DOLLAR CONTRACT DISPUTE!

STOP GETTING ADVICE FROM RANDOM PEOPLE ON THE INTERNET!!!

GET A LAWYER!

 

[fried1765]

Oh, for crying out loud! You have a NINE THOUSAND DOLLAR CONTRACT DISPUTE!

STOP GETTING ADVICE FROM RANDOM PEOPLE ON THE INTERNET!!!

GET A LAWYER!

EXACTLY !!!!

 

[DustyRusty]

Our advice is worth exactly what he has paid us for it. I hope to get a pay increase on the first of the year.

 

[Fordtech86]

Why are we yelling

i see a quote, not a contract…

It is an unfortunate situation though none the less

edit: the manufacturer only gives a MSRP…sale prices are set by the dealer…

 

[Swamp]

Oh, for crying out loud! You have a NINE THOUSAND DOLLAR CONTRACT DISPUTE!

STOP GETTING ADVICE FROM RANDOM PEOPLE ON THE INTERNET!!!

GET A LAWYER!

For Pete's sake get a life. I've never had a problem like this! I was just looking to see if others had been through a similar situation. It feels better to talk about a little WHILE I'M WAITING FOR THE LAWYER TO GO THROUGH THE DOCUMENTS AND GIVE ME AN OPINION!! I've mentioned that in a couple of posts. Take a pill buddy!

 

[Swamp]

Why are we yelling

View attachment 91380
i see a quote, not a contract…

View attachment 91381
It is an unfortunate situation though none the less

edit: the manufacturer only gives a MSRP…sale prices are set by the dealer…

I wonder why I didn't receive any documents that state those conditions?

 

[Swamp]

I wonder why I didn't receive any documents that state those conditions?

It became a contract when I put earnest money down, because the dealer told me in writing which I have the emails; that if I put money down and initiated the order prior to the Jan 1, 2022 price increase it would lock in the quoted price! That is a contract not a quote, but then again, I am waiting for my attorney to give his written opinion.

 

[The Evil Twin]

Our advice is worth exactly what he has paid us for it. I hope to get a pay increase on the first of the year.

Your increase will be 30% of your current pay

 

[SDT]

It became a contract when I put earnest money down, because the dealer told me in writing which I have the emails; that if I put money down and initiated the order prior to the Jan 1, 2022 price increase it would lock in the quoted price! That is a contract not a quote, but then again, I am waiting for my attorney to give his written opinion.

Keep in mind the opinion of your attorney will be just that, an opinion.

Litigation will cost more than the issue is worth and both dealer and dealer's attorney know this.

Your call.

 

[DustyRusty]

Keep in mind the opinion of your attorney will be just that, an opinion.

Litigation will cost more than the issue is worth and both dealer and dealer's attorney know this.

Your call.

Not necessarily true. If he files a complaint with the States Attorney General, they might intervene and advise the Dealership that what they are doing violates a consumer protection law. The States Attorney General has a lot of power granted to them to protect the consumers of the state.

 

[PaulL]

My view is that the path to resolution isn't litigation, it's to talk to Kubota. The quote is a Kubota quote on Kubota letterhead, issued by a Kubota dealer, with Kubota-imposed conditions. I'm pretty sure they'll come to the party if you just work out how to talk to them directly.

 

[fried1765]

If su

Not necessarily true. If he files a complaint with the States Attorney General, they might intervene and advise the Dealership that what they are doing violates a consumer protection law. The States Attorney General has a lot of power granted to them to protect the consumers of the state.

If such a case should actually go to court, the OP attorney should ask in his filing for all attorney fees/expenses to be paid by the defendants (Kubota & dealer).

 

[DustyRusty]

They can ask, but it isn't guaranteed that the judge will allow it.

 

[Heehaw]

I have two dealers getting me a quote for ordering a MX5400 as neither has one on the lot.
Due to this thread I asked both dealers if the purchase price would be locked in.
The difference from the situation with the OP is this will be a cash sale.
The 1st dealer said if you pay for it at purchase you will be locked in.
The second dealer said that Kubota no longer allows prices to be locked in on tractors that need to be ordered. The final price would be determined upon going rate when the tractor arrives.
I told the 2nd dealer to go ahead and give me a quote but if the price will not be locked in I may wait until next year to buy and possibly be able to save money on a low hour used tractor if the economy tanks along with the savings of no sales tax on a used tractor purchase from a private party.
I didn’t really think about it at the time but I am now assuming the 1st dealer is saying the price will be locked if paid in full when the purchase agreement is signed and the tractor gets ordered.
I will ask him when I get the quote.

 

[Swamp]

I received my reply from Kubota. They wrote,

"Please accept our apologies for this situation and for any inconvenience you may have been caused.
Unfortunately, quotes for units are not price protected as that requires a Regional Sales Managers approval.

You will need to contact your local Kubota dealership for questions regarding purchasing, discount and reimbursement options, . Our dealerships are independently owned and operate and hold full discretion regarding these matters."
I keep hearing the same thing that Kubota "no longer" locks prices. Well, in my seemingly useless opinion the fact that Kubota no longer locks in quotes is not really my problem. They apparently did so when I put the down payment on my tractor order and the dealer put it in an email stating that I would be "Locking in my price" if I did so before the Jan. 1, 22 price changes took place. I'm a stubborn person who was raised in families from both sides that when your word was given you stood by it no matter how bad it hurt in the end. When a person gives their word, it is their responsibility to see to it that it was kept.
This is a quoted excerpt from the December 30th, 2021, email I received from the dealer.

" I will need you to fill out the application today and do a deposit so my finance office can get the paperwork ready for you to sign before tomorrow to lock in the price. "

Basically, what some are saying here is that yeah you were lied to and now if you want that tractor pay the extra or shut up. That is absolutely infuriating. I still haven't heard from the attorney yet, so that is pretty much my last chance at any help. I doubt if this doesn't work, I'll ever own an orange tractor and believe me there are at least a dozen people at work that ask me about this saga every day at work. They have been telling their families about how crappy this is. The power of social media can be strong this day in age.