Big Red's Equipment Sales & Rentals

Mr [redacted] purchased a used machine for thousands below market value, checked out the tractor and was satisfied with its condition, so he purchased it and signed our standard sales invoice that he acknowledges that he purchased it and where-is, with no guarantees expressed or implied.We have offered to make repairs to the tractor at a reasonable rate, or allow Mr [redacted] to trade the tractor in against another tractor, or we would be happy to consign it for himThose offers still stand.Respectfully,***

Hi! You entered a legally binding contract when you verbally agreed to buy the equipment (all our calls are recorded)Then you applied for financing, we got you the best terms anyone could offer, and you placed an earnest money deposit to prep and assemble the equipment, which we didIt is prepped and assembled, ready for the balance and paperwork to be taken care of, and equipment picked upAs I understand, you've decided not to complete the deal.Several of my team members have spent several hours prepping, assembling, and pre-shipping the equipmentThere are no refunds of earnest money deposits (just like a real estate or any other transaction involving an earnest money deposit)We would be willing to offer store credit to equal your earnest money amount.Take care,***

Hi! We have spoken with the customer and are working to resolve the issues. ***

Complaint: ***
I am rejecting this response because:WE got to Big Red's right at closing Looked at tractor brieflyOwner stated that they had worked on pthitch and lightWorker proceeded to load tractor.
Regards,
*** ***

Complaint: ***
I am rejecting this response because:In order to make a verbal contract a legally binding agreement in Texas terms must be clearly defined and negotiations must be completedBecause the negotiations were not complete and terms were not defined the negotiations which took place are not legally bindingThe specific cases that make this instance fail the definition of a verbal contract are as follows:Clear definitions of expectations were not stated in the negotiation processItems such as delivery date and whether or not the deposit was refundable were not defined during the negotiationsIn the state of Texas a deposit must be called out as non refundable (which in this case it was not said to be so during negotiations, please listen to the recordings and you will see this is correct)Form of payment was never settled onThe first case of this is that the story changed during negotiations as to how the down payment could be placedInitially my deposit could be made on my credit card then it would be refunded if I did not use it as part of my down paymentThen I could not use a credit card as my down payment methodThis is the point at which negotiations were canceled by me specifically stating that I would not able to move forward with purchasing the tractorAt this point negotiations on financing were also stoppedNo deal was ever reachedTerms continue to change after negotiations have stoppedDespite my stopping negotiations, the following week I was told that there was a change to what I had originally been told and the refund was now non refundableIn the most recent reply from the business I am also apparently liable to purchase the entire tractor despite never entering into a verbal or written contract to make the purchase,Should the deposit which was unlawfully kept not be returned I will be forced to review other courses of action
Regards,
*** ***

Hi! You entered a legally binding contract when you verbally agreed to buy the equipment (all our calls are recorded)Then you applied for financing, we got you the best terms anyone could offer, and you placed an earnest money deposit to prep and assemble the equipment, which we didIt is prepped
and assembled, ready for the balance and paperwork to be taken care of, and equipment picked upAs I understand, you've decided not to complete the deal.Several of my team members have spent several hours prepping, assembling, and pre-shipping the equipmentThere are no refunds of earnest money deposits (just like a real estate or any other transaction involving an earnest money deposit)We would be willing to offer store credit to equal your earnest money amount.Take care,***

In the state of Texas, a verbal statement of intent to purchase is legally bindingA recording of such is enforceable, or even witnessesHowever, we don't need to go down that roadEarnest money is always non-refundable, unless you purchase some sort of earnest money insurance, which was not offered (and we do not sell it)Your earnest money deposit is non-refundable.Respectfully, ***

The customer placed non-refundable earnest money on a tractor in exchange for us to permanently modify a tractor by installing a backhoe attachment on it, and then changed her mindShe still legally must purchase this tractor, but we are not pursuing legal actionIf she continues to defame the
company with misinformation, we will have to consider legal action to enforce the contract which she has breached, in addition to damages due to defamation.All of our phone conversations are recorded, and the earnest money was never referred to as refundable, especially given that we modified the inventory for her after she committed to the purchase. If there are any further questions, please reach out.Thanks,***

Again, there was no disclosures about the $not being refundableAlso, to pay $in order to see the finance agreement and terms is ludicrous at bestUnlike your reference to real estate, real estate lending requires FULL disclosure up front, which this company did not doImagine putting "earnest money" down, and then walking in to closing and seeing terms and fees that are not acceptable to youThat is not even a close analogy.I did not enter any verbal agreement and when I called and gave the credit card information, it was not expressed that if I did not buy the tractor the money would be forfeit.I still require a full refund of the $fraudulently and deceptively charged against my credit cardI believe with what you are describing, that besides being a deceptive trade practice, could fall in to an advance fee scam, having to pay money in order to see official finance terms.Please begin posting your supporting documentation where I was fully disclosed to

Mr*** purchased a used machine for thousands below market value, checked out the tractor and was satisfied with its condition, so he purchased it and signed our standard sales invoice that he acknowledges that he purchased it and where-is, with no guarantees expressed or implied.We have
offered to make repairs to the tractor at a reasonable rate, or allow Mr*** to trade the tractor in against another tractor, or we would be happy to consign it for himThose offers still stand.Respectfully,***

Tim,First you should look at your statementsEarnest money is placed in to an escrow or trust and held jointly by both parties.Second, the $was never referred to as "Earnest Money", and most definitely was not conveyed as a "non-refundable" depositYou contended in your original response that I entered a "verbal contract", then as with any contract, correct words and statements play a very important roll and should only be used for their legal intent.Third, there is nothing defamatory in any of my review posts on Reddit, Instagram, Facebook, Twitter, or CraigslistI did have the forethought to have them legally reviewed, in anticipation of any potential legal backlash, and they are honest personal opinions of how I felt our transaction played out. Ask yourself, why would I as a customer, agree to a "Non-Refundable Deposit"when I have not even had the opportunity to inspect the equipment and make sure it is acceptable, or see a final finance agreement with all of the disclosed taxes and fees associated.As I discussed with ***, I will remove my reviews once the credit is confirmedIf it is not credited back, understand that those posts Sunday was only the opening salvoI had already retained a social media marketer and allotted a budget to boost the views, reposts, and tweets, on top of additional posts, all in your Texas market area.
Tim

Hi! Sorry to hear of your issues with the adapterIf it is still in new condition (clean, no scratches) and complete, we can take the adapter backWe also warranty our labor, but since it was taken to another shop, we can't repair the work we didHowever, we can take care of you on the part.***

For the sake of closure here on Revdex.com, we are refunding the earnest money deposit and in return, you are pulling down the defamatory negative reviews from the InternetWe don't charge earnest money so customers can see financing termsThey are available freely with no obligationEarnest money is to hold the piece of equipment so we don't sell out, which frequently happens this time of year.Take care,***