Public Mediation

L and L Equipment sales Dispute

T. M. vs. L And L Equipment Sales
122 Charter Pl, La Vergne, Tennessee, 37086-4126, United States
Amount Involved: Other terms
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Statement of Claim
Complaint Involved (1) - View
Claimant says:
"Briefly explain your problem w





My experience with L and L Equipment Sales in La Vergne TN, has turned into a nightmare .I was

looking thru the Machine Trader magazine were I found L and L.Which was how I found my

Kubota Tractor with good results.(with and different company,in AL).I purchased a JCB backhoe

from L and L Equipment Sales after being told what a great machine it was.The owner of L and L had

told me it was a one owner machine and well taken care of ,the pictures looked great and

showed only 3773 hours on the hour meter.So over the phone I had taken his word and traded

my tractor plus cash.The driver delivered the machine late in the da
My experience y so he was of course in

a hurry to leave,So I did not have a lot of time to look over the backhoe.I drove the machine

and noticed the brakes were spongy,I thought well its an old machine so I can deal with

it. After an hour they were completely gone,and I noticed the hour meter wasn't working

which was another reason I purchased it was for the low hours.Also I noticed hydraulic oil

pouring out of all the back cylinders,and diesel fuel leaking all over the motor .I believe the

machine was wiped down prior to delivery .I have approximately $11,800.00 into this deal,I

expected a little more then a piece of scrap metal.So I called the owner of L and L back and

to no avail was I able to reach him. I called the driver and asked him to call and talk to him

but in response he almost lost his job.He agreed that I got scammed and told me to call CCR Farms. I had left messages and even talked to his daughter and she had apologized for my situation.When in the beginning of the deal he was always answering his phone but when all is done he wants no part .After

several days of trying to reach him ,he answered because I called from an unlisted

number,during working hours.So of course he was irate! He started screaming and vomiting

verbal abuse and slipped up on some lies he had told me about the machine,(in my opinion

he sounded intoxicated) .He did however Tell me to call CCR Farms for what I don't know

and neither did CCR Farms.So to put it mildly,I'm stuck with a piece of crap that no one will

touch and out of alot of money that I couldn't afford to throw away. It's sad this is how he has to make his money (conning,scamming,lying,steeling)It was my fault for falling for it, so don't let yourself be his next victim.
"
...
Reply Have a similar problem?
Additional Communication Between Claimant and L And L Equipment Sales Hide
  • Jan 30, 2014, Claiming party added:

  • Nothing L and L Equipment Sales said in his rebuttal was true except he did tell me he would swap machines back but I would have to pay for his AGGRAVATION! I would be willing to take a lie detector test if the owner of L and L and the driver would be willing also to take a lie detector test.It would also be awesome to get CCR Farms owner in on the lie detector test to get his opinion on this machine,whom I tooked to several times over the phone since I bought it,he and his mechanic indicated they didn't want anything to do with it.As far as my opinion on the intoxation issue was because he was yelling and screaming that didn't sound like it was coming from a sober person,this is my opinion only.I feel sorry for him if this is the way he talks to all of his clients,the phone call he was referring to I couln't get a word in edge wise and then he hung up on me.So you see I never got a chance to except any offer.So in conculsion don't let yourself be his next victim.

What Claimant Wants Hide
Just make me happy!
Claimant invites L and L Equipment sales to make a fair offer to resolve this complaint.
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Do you agree with the claimant’s demands?  (If you are a party to this claim, click here.)
Awaiting response from Party
J Patterson commented
J Patterson (Comment):
"L and L is a rip off . I am so glad that I went to look at the machine before purchasing. Owner is misleading and lies. The pictures were taken from the best angle of the machine after getting it looked to have been abused it's whole life. Now they are selling using their address instead of L and L equipment. Wonder why that is.... Read all the reviews from the other Web sites . The 4 and 5 stars are sent from the owner or family."
 (7 years ago)
Reply
J Patterson commented
J Patterson (Comment):
"L and L is a rip off . I am so glad that I went to look at the machine before purchasing. Owner is misleading and lies. The pictures were taken from the best angle of the machine after getting it looked to have been abused it's whole life. Now they are selling using their address instead of L and L equipment. Wonder why that is.... Read all the reviews from the other Web sites . The 4 and 5 stars are sent from the owner or family."
 (7 years ago)
Reply
Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:
  • I disagree with the explanation / grounds provided

    "We were contacted by the customer who expressed an interest in a backhoe. We offered him two choices (the JCB 1400 and a CASE 680)and told him that he could pick either one of the two. He chose the JCB backhoe that was a four-wheel drive machine and that was older and used. We had it listed for $11,000 but were willing to negotiate price. He offered his Kubota tractor and $3000. He was invoiced, and since we are a consignment yard that sells used equipment, the invoice stated "as is, where is." The machine was loaded onto a trailer with no problems to be hauled to the customer. The machine ran and worked when it was delivered. We had sent the customer pictures and he knew that it had a leaky cylinder.
    Our driver arrived with the machine and unloaded it with no problems. Our driver asked the customer if he knew how to operate the backhoe and he said it had been a few years since he had worked one so our driver gave the customer a refresher course. The customer operated the backhoe for 45 minutes while our driver waited. After the 45 minutes, the customer said that he would purchase the machine so our driver spent another 15 minutes on site loading and securing the Kubota tractor that the customer had offered in trade. The customer continued to operate the backhoe during this time as well. He paid the driver and signed a bill of sale. He could have declined the sale at any point but did not. The customer changed his mind after our driver left.
    When I spoke with him and he said that he did not want the machine, I told him that he could take the backhoe to CCR Farms and that our company would pay for the one hydraulic leak even though we have a "sold as is, where is" policy. It is an old used machine. He had a picture of the leaking cylinder before he bought the machine. There was no diesel fuel leaking all over the engine when the machine left our yard. We told him that the hour meter was showing a certain number of hours and we believed that the hour meter worked. It still may be in working order. Hydraulic oil was not pouring out of all the back cylinders. The brakes worked to safely load and unload the machine. The machine was not wiped down prior to delivery.
    Eventually, we told him to bring the machine back to us and we would give him his tractor and his money. We would "undo" the deal. He did not want this option. He wanted us to fix every thing that he thought was wrong with the older used machine. He did not buy a brand new machine.
    That offer would remain open to him now but since he declined, we have sold his tractor to recoup the money that we have already paid to the consignor who owned the backhoe that the customer purchased. In fact, our policy is that no consignor piece leaves our yard until we have received payment from the customer. Moreover, it is not our practice to take trade-ins on consignor pieces since the consignors want payment in money form instead of another piece of equipment. We paid the consignor for the JCB backhoe before the customer paid us to accommodate the customer's payment ability. Please know that, after our mechanic looked over the customer's "good" Kubota tractor that he offered in trade, he determined that it had an engine issue since it had been operated while low on oil and the back arms were bent. The tractor was sold for $5000, far below what a better maintained machine would have brought.
    Our driver did not say that he felt that the customer had been scammed. He did not say that he felt that he would lose his job if he called me. Our driver told the customer after he had called our driver NUMEROUS times that he had told me about the customer's change of mind and that he was not going to call me AGAIN and AGAIN to pass along the same message at the risk of annoying me. I find it a defamation of character that the customer would infer that I was intoxicated during our phone call. We did all that we could to appease this customer. He bought a used machine. He can not expect a new machine for that price and age.
    L and L Equipment offered to pay to have the leaky cylinder fixed even though the backhoe was sold "as is, where is" and even though the customer knew about the leak before the purchase. The customer was not in agreement with that offer.
    L and L Equipment offered to nullify the transaction even though the piece was sold with no warranties or guarantees by refunding the payment and giving the Kubota back in exchange for the machine. The customer was not in agreement with that offer either.
    We sold the customer a used, older model machine. He paid $3000 and was given an $8000 trade allowance on a machine than in actuality was only worth $5000. We split the haul bill with him. He expects a new machine. He received and agreed to purchase after an hour long test drive a working machine. Older machines need tune-ups and more attention and maintenance due to their age. He did not pay for a new machine and it is unfair that he expects us to provide one. "

This claim will remain posted until resolved.

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