Milam's Equipment Sales

took delivery of this machine aug 8 2021 I was told it was ready to work when we started it to move off trailer every warning light on the dash was on none of the gauges would work and it was gallon low in oil .the bucket had cracks in it and exhaust pipe from turbo to muffler has hole the size of pencil very disappointed I would not advise anyone to take there word I thought this was a company you could trust they want even text back but there happy to get your money the old saying BUYER BEWARE applies to them RICKY MUNDY

Review: I purchased a used piece of heavy equipment from this company for $66,500. I was told that upon delivery, this machine was going to be in top notch condition and would be ready for work. The salesman said they were making several repairs prior to delivering the machine. They went to the extent of giving the machine a fresh coat of paint, but there the machine has a broken window, gauge, door, AC, and several other issues. I first contacted the company 6 weeks ago and had to make 6 more attempts at contacting them before the owner would take my call. Now he says too much time has elapsed for him to address the issues.Desired Settlement: I would like to deliver this machine back to Milam and have them make the necessary repairs that they promised before I told them I would buy the machine.

Business

Response:

There are some discrepancies with the claimant. The machine was delivered to the customer on 02/04/2016. The machine was purchased for $45,500 - Delivery was $1,000 and he purchased a new undercarriage for the machine that cost $10,000 - That is how the cost totaled $56,500. Also, the first complaint to Milam's in reference to this machine was last week (05/10 or 5/11) and the owner was out of town at our rental lot. [redacted] and [redacted] both called those days and [redacted] informed them he was out of town. On 05/17 [redacted] called and spoke with [redacted] in reference to the machine and the alleged issues with the machine. Then on 05/18, [redacted] called and spoke with [redacted] again in reference to the machine.

When the owner spoke with both parties he explained that we did everything that we agreed to on the machine. It was sold AS-IS and WHERE IS. Please see the attached invoice, signed by the customer showing that he agreed to the Terms and Conditions listed on the final invoice. When [redacted] was selling the machine he ask if they wanted to come down and inspect the machine since they were only 1 1/2 hours from us and Bill declined stating he was just going to purchase the machine sight unseen. [redacted] sent before and after repair pictures and nothing was said in reference to the items that are listed in the complaint. [redacted] stressed to both parties why would you wait 3 months to call in reference to issues on the machine. Why was it not addressed at time of delivery or within a week of delivery? While speaking with [redacted] he told [redacted] that he needed to sell the machine to purchase an excavator. He was only going to use the machine purchased from Milam's for a couple of months. Also during the conversation with [redacted] he agreed that the window could have been broke during transit. He also stated that after thinking about it he did purchase a machine that was over 10 years old.

Attached you will see the sales advertisement on the machine. He has the machine advertised as being in top notch condition. He also states the machine has heat, a/c and machine is ready to go. Also attached you will find equipment dealer has the machine advertised. Please look at the highlighted areas that his dealer is saying in reference to the piece of equipment. Anyone in the equipment business knows that when purchasing a used machine the machine will not be in new condition.

The customer had the opportunity to come and inspect the machine, which he refused. It is a used machine sold under the terms and conditions of the signed final invoice.

Consumer

Response:

I have reviewed the response offer made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.

The first call I made to Milam was on April 11th. The attached phone bill highlights this call from my cell. It was at this point that [redacted] said that he would talk with the owner and get back with me. If necessary, I can provide documentation of the other 6 attempts at getting the owner on the phone. I kept being told that someone would call me back- but it never happened. There has never been any agreement, verbal or in writing, that outlines a sale of a used machine for 45,500 and then the undercarriage bill with a delivery fee. It was the sale of a machine that was to be "work ready" and "tight" (in the words of the salesman [redacted]). Before delivery, [redacted] went to the extent of telling us that on his inspection, he found a gauge that didn't work- and he had made sure it was fixed so that we were receiving a machine that needed nothing.It is a 4 hour drive from [redacted] to [redacted], not 1.5 hours. And there was never a call where [redacted] told [redacted] to come inspect. We were dealing with a big equipment company and there was an element of trust involved and a feeling from our end that the company cared about their reputation. We had an oral contract with [redacted] to receive a machine that needed nothing. He verbally said that it had working AC, radio, etc.- the point was that it needed nothing. Sure it was ten years old, but it had been maintained. We didn't expect the window to be held in by duct tape and yes- we did expect the AC to work.Ed, the owner continues to cling to this ad being run to try to discredit our word. Yes, the machine is for sale. The machine is advertised as being in good shape- in relation to the fact that we will have to fix all of the issues before someone will buy it from us. The broker has told interested parties that all issues with the machine will be fixed prior to a sale taking place for the amount that we are asking. I was told by the broker last week that the lack of interest in the machine probably is a result of him telling prospective buyers that we have to fix things before selling it. We intend on dropping the ad and taking the machine to get repaired by [redacted] Company. This is of course now that Ed isn't agreeing to repair the items we were told worked prior to the purchase.I would also like to mention that the machine was delivered at a date much later than what was initially promised. As a result of this, one of the jobs we had bought it for had ended- and the machine sat in storage for a few weeks before I saw it and operated it. Again and as indicated by the attached phone bill- I first contacted Milam on April 11th. This proof alone is enough to see what level of honesty we are dealing with on behalf of Milam. And if this purchase was for 45,000- please let me see the documentation. We were told the machine would need nothing when it was delivered to us and it needs a number of things to get it to where it can comfortably be operated. Regards,