Complaints

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• Initial Complaint

  Date:07/22/2024

  Type:Sales and Advertising Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  I bought a used New Holland tractor from Jays Ag and Turf. The tractor was advertised and Bill of Sale say the tractor is a 2009 Year/Model. When looking up the tractor's serial number I learn that this tractor is a 2007. This was falsely advertised and sold to me as the wrong year.The ad on ******** Marketplace and their own website said "Everything works as it should". When the tractor was delivered to my house, two of the three gauges on the dash did not work. I called the dealership immediately. The dealership says this part is not available for replacement. When I ask to see the advertisement to see how it was presented, the salesman says he can not pull up the add because he deleted it. The tachometer and the temperature gauge does not work. The bill of sale does not state "As-IS" anywhere. Also the bill of sale does not even have a date on it. The date field is blank,The tractor leaks a significant amount of oil. When I came to look at the tractor there was zero oil on the parking lot. I think these leaks should have been disclosed or made clear that this is an "As-IS" purchase.Given all of these problems, I think the dealership should take back this tractor.

  Customer Answer

  Date: 07/22/2024

  Purchase date of tractor was March 19, 2024

  Business Response

  Date: 08/15/2024

  Hello,

  We do confirm a sale for this customer on 3/26/2024.  At the time of the sale we confirm the year of the tractor was indeed a 2009 New Holland TC40D with a manufactured date of 2007.  This was confirmed by us when we checked availability of parts for this tractor by the manufacture. The customer had originally came in looking for a good deal and **** noted we had a tractor that had not been run through the shop yet and would save him some money if we did not inspect the tractor before the sale.  The customer agreed he would do the deal if we did an oil change before the purchase.  We agreed to change the oil and test drive the tractor and at the time did not find any other issues with the tractor.  At this time the customer understood the tractor was sold as is in exchange for the lower price. Any tractor we post online with expired warranty is listed as is.  We have email correspondence from May 2nd stating the customer was ok with some of the issued he was having if we would offer to pay for and replace the temp sensor and tach.  We did discover these parts are no longer available from the manufacture and also did a dealer search for the parts from other New Holland dealers with no luck.  Our local dealer did let us know of a service that repairs the factory dash and sends them back.  I did reach out to the customer and offered to have this service done for him at no charge to fix the issue as this is the only way to fix the issues he is currently having.  He agreed to us fixing these items and need to determine if he was going to bring his tractor in for the repair or just remove the dash and bring the dash to us for repair.  I let him know we would work with him either way to just let us know so we can get the issue resolved asap for him as the repair would take up to 3-4 weeks total to complete with shipping back and forth to the repair facility.  He agreed to our resolution in July and we have not heard back from him since our conversation.  

  It is always our mission to sell quality items to our customers and strive for a high level of customer service with every sale.  This can sometimes be difficult on used machines with expired warranties or machines that have discontinued parts with no parts available.  We felt excited when we did find a company to repair the factory dash for the customer as we do not like to leave issues undone.  Considering we offered to pay 100% of the repair we are unsure of what else we can do to resolve this matter.

  Best regards.

  Customer Answer

  Date: 08/17/2024

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
  
  The tractor was advertised as a 2009.  Nowhere did the add or bill of sale say anything about a 2007.  I am not happy with **** selling a machine that he knew nothing about and making it sound like I got a discounted price.  As is should have listed the oil and hydrolic oil leaks, the broken tach, and temp gauge not working.  The advertisement being deleted is not good either.  If it was just a mistake on the year I might be fine, but with all these extra issues I now have a bad taste in my mouth.  Why cant the tractor be returned?  Sale undone ?
  
  Regards,
  
  *********************

  Business Response

  Date: 08/20/2024

  Hello,

  Again, the tractor manufacture does not typically recognize a model year of a tractor only the build date of the unit.  We were told by the manufacture that this unit was indeed manufactured in late 2007 making this a 2009 model year unit for resale.  We do take the advise of the manufacture when the model year is unclear or unlisted on the machine.  During the customers first visit to look at the tractor both him and his friend were made aware that this unit was just traded in and had not been run through the shop yet for resale.  Because the tractor had not been run through the shop we did not have much knowledge of the tractor other than us test driving the unit before trading it in.  We feel the customer was well informed that we did not know about the overall condition of the tractor because it had not run through the shop yet.  The customer was interested in purchasing the unit at a less expensive price because of the savings offered by not running the unit through the shop first.  The customer did want his friend to inspect and test the tractor first to make sure the tractor was in good running order as he was not familiar with the tractor or what to look for.  The customers friend did confirm the tractor was in good condition and he should proceed with the sale.  We all agreed that the tractor should have a fresh oil change at the very least before it was delivered.  ************ was completed and the customer was happy.  After the customer used the machine for a short time he noticed the temp and tach gauge was not working.  His concern was that the tractor was over heating.  At this time we sent our mechanic to his residence to inspect and confirm the gauge was defective but the tractor was not overheating.  At that time the customer was happy we inspected and confirmed the tractor had no overheating issues.  

  We do understand that tractors fail mechanically and again offered to fix the gauges for him and no charge.  Unfortunately the leaks were discovered after the customer used the tractor for a longer period of time.  We did not notice any leaks while doing the oil change on the tractor.  We did make an attempt to contact ******** market place to recover the ad but they were unable to recover that ad as they get taken down after the unit is sold and is not saved in the system.  We are not interested in purchasing the tractor back at the customers purchase price as the used market continues to fluctuate.  We understand the customers frustration after purchasing a used tractor that is having some issues.  Normally these issues would not be covered by warranty but again we are willing to cover the repairs to fix the gauges at our expense.  At this time we are not sure of anything else we can do other than fix the tractor at no charge to the customer.  

  Best regards

  Customer Answer

  Date: 08/22/2024

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint.  I will seek alternate remedies on this matter.

   

  
  Regards,
  
  *********************