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Old 08-24-2011, 09:33 AM
smithfabinc smithfabinc is offline
LawnSite Member
Join Date: Aug 2011
Location: Hamlet, NC
Posts: 211
Originally Posted by retrodog View Post
Hey Smith, tried to send you a pm, but couldn't pull up on phone. Legally there is not much you can do, I hope the lawyer explains this to you before he takes any of your money. We even have a 3 day right of recision in TX, but it doesn't apply to equipment, only houses. I am not trying to be a know it all or anything, but I would pursue other avenues before I went the legal route. On equipment, its basically a bill of sale from the seller to the buyer, address etc is usually irrelevent. As is where is, warranty will be supplied by manufacture and dealer is supposed to honor warranty (but has the right to refuse any biz), return policy is decided upon from the seller at his discretion. I know it sucks, I've been there before with a new grand am I bought for my girlfriend. 17 times in the dealer for repairs in 6000 miles, 8 of them having to be towed in still lemon law didn't apply yet, has to be the same issue more than 3 times, not different ones. I have heard lots of good things about the dealer your referring to, and he really seems to care about customer issues when I visit with him. I thought they had a pretty smooth operation too (not rinky Dink). I am not an employee for bad boy or your dealer nor do I speak for them nor do I know the whole situation. Here is my 2 cents. Drop your mower off with Ted, visit with him calmly, ask him to please fix your mower in a timely manner and show him what you are referring to on the cut. You don't want any finger pointing you just want the unit you gave 11gs for to operate like it should. He said she said never flies, he could have told you it would fly and ran on gps that mowed yards for you itself, Simply put it if he can't fix your issues and get it to cut right, simply tell him then to exchange for a unit that will operate as it should or simply give you your money back so you can purchase something that will. If they do grind your brake pad (which is not the proper fix..LOL) it will be on them to replace.
If it does sit there for 4 weeks, atleast the rep will see when he gets there that the dealer had ample time to fix issues. I guaranty you this, if you handle it this way, i will bet my dealership that you will either have a mower fixed, replaced, or your money back (minus use wear and tear..they call it a restocking fee anywhere from 10% to 25% sucks i know...) a week after the bb rep talks to you. I have seen bad boy go waaay above and beyond for their customers, but the best way to get there is to be reasonable. Any exchange or refund will be one of those favors to save face, but first just see if they can make it right. The only statement that has ever pissed anyone off from a customer is the I will Sue you or get my lawyer card, for me it would be a dead deal from then on, but I go above and beyond for anyone, might as well have punched my wife because its about the same in my book. I promise you both bb and the dealer would love this resolved to avoid having an unhappy customer, but some situations are irreversable. At this point replacing your mower, or giving your money back will not help them at all, just fixing the mower and hoping you will get past all this and like your machine is the hope that both parties prolly have at best.... just trying to give another point of view to maybe smooth this process out for you...
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Its a little different in NC. We tried to be reasonable, and gave many many chances for this dealer to make it right. We didnt threaten him with a lawyer, we simply said If we have to go to that point, we will, but we dont want to. After all the excuses, and the BS he told us after the sale, We are not going to just have to "accept" the issues with this mower. The attorney we chose is very reasonable, and basically if we dont collect, he doesnt get paid. The dealer pulling the crap he did yesterday was the last straw, so We arent playing anymore games. After the dealer making several comments that we would need a lawyer..... well, we got one.
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