Another Am I getting Shafted Question

Swamp

Member

Equipment
L4701DT with NH92 backhoe
Nov 22, 2022
40
35
18
Wisconsin
Just an observation…

View attachment 96059
The program date for this bulletin is sept 2022-dec 2022….the tractor was deal was made in December of 2021, correct? There is a reference to a previous bulletin (DSB 2021-002 R3) about price increases for Jan 1st 2022 then last line in screenshot says
“in all cases, the dealer MUST have already obtained an approval number for the January 1st and April 1st 2022 Price Increases from its assigned Kubota Sales Division Office in order to qualify for the program.”

I don’t see how that applies without seeing what previous bulletin was in effect in Dec 2021…

It is unfortunate though…
The program date of this is Sept.1, it however also acknowledges the existence of the same program being in effect from Jan.1, 2022 up to the issuance of this document.
I believe your answer is in the "Eligible Products" area. All equipment/attachments that are currently in production meaning that Kubota produces them, are protected as long as the dealer has gotten the approval order which I understand to mean that they have ordered the product and that order has been accepted. I really don't think that the contents of this document can me misread. If it is ordered it is protected.
Worse case scenario the dealer f'd up and didn't do their job and suffered the Jan1, 2022 price increase. They told me it was going to be a 7% on the unit and a 9% on attachments. That would have been about a $3k increase not $8k. Somebody is being dishonest and I don't know if it is the dealer or the regional rep, but somebody is trying to take something from me that is not rightfully theirs to take.
 

fried1765

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Kubota L48 TLB, Ford 1920 FEL, Ford 8N, SCAG Liberty Z, Gravely Pro.
Nov 14, 2019
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Eastham, Ma
The program date of this is Sept.1, it however also acknowledges the existence of the same program being in effect from Jan.1, 2022 up to the issuance of this document.
I believe your answer is in the "Eligible Products" area. All equipment/attachments that are currently in production meaning that Kubota produces them, are protected as long as the dealer has gotten the approval order which I understand to mean that they have ordered the product and that order has been accepted. I really don't think that the contents of this document can me misread. If it is ordered it is protected.
Worse case scenario the dealer f'd up and didn't do their job and suffered the Jan1, 2022 price increase. They told me it was going to be a 7% on the unit and a 9% on attachments. That would have been about a $3k increase not $8k. Somebody is being dishonest and I don't know if it is the dealer or the regional rep, but somebody is trying to take something from me that is not rightfully theirs to take.
Do not tire, and abandon your effort to reslove this!
 
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cthomas

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LX2610 HSDC
Jan 1, 2017
863
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La Farge Wi
What dealership is this? I want thru all 6 pages and know it is Wisconsin and Michigan, but what dealership? Maybe even have a sticky of bad dealership on this website?
 
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Swamp

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L4701DT with NH92 backhoe
Nov 22, 2022
40
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18
Wisconsin
What dealership is this? I want thru all 6 pages and know it is Wisconsin and Michigan, but what dealership? Maybe even have a sticky of bad dealership on this website?
I have intentionally removed all dealer information. Right now it looks likes like I will need a $5k retainer to even get a lawyer to look at this, but there is also a discrimination suit waiting to happen.This is due to the regional rep stating that since I don't live there I wasn't eligible for the same benefits as someone who does. I am just trying to be careful about mentioning any names until the legal issues are resolved.
Also, I am unsure of who to even blame right now. Kubota for not even being interested in this or the regional sales rep for blatantly discriminating against me.
 

DustyRusty

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BX23S
Nov 8, 2015
4,953
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North East CT
I doubt that you can claim discrimination based on the state that you live in. Most state laws are written in a way that they only protect the residents of the state. You would have to find some Federal discrimination law to pursue a discrimination lawsuit. I am not a lawyer, and I didn't stay in a Holiday Inn last night, however, I'll bet that my opinion is based on sound legal principles.
 
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Swamp

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Equipment
L4701DT with NH92 backhoe
Nov 22, 2022
40
35
18
Wisconsin
I doubt that you can claim discrimination based on the state that you live in. Most state laws are written in a way that they only protect the residents of the state. You would have to find some Federal discrimination law to pursue a discrimination lawsuit. I am not a lawyer, and I didn't stay in a Holiday Inn last night, however, I'll bet that my opinion is based on sound legal principles.
So are you saying that it isn't discrimination or just that is is legal for a multinational corporation and it's representatives to discriminate because they do business in more than one state?
 

fried1765

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Equipment
Kubota L48 TLB, Ford 1920 FEL, Ford 8N, SCAG Liberty Z, Gravely Pro.
Nov 14, 2019
6,311
4,001
113
Eastham, Ma
I doubt that you can claim discrimination based on the state that you live in. Most state laws are written in a way that they only protect the residents of the state. You would have to find some Federal discrimination law to pursue a discrimination lawsuit. I am not a lawyer, and I didn't stay in a Holiday Inn last night, however, I'll bet that my opinion is based on sound legal principles.
Why not?
Holiday Inn's are usually quite decent. :D
 

DDCD

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1964 MF135, L2501
May 8, 2021
159
174
43
Oklahoma
I understand why you're mad, I would be too. But how far are you going to take it? Are you going to spend 15k beacause of your pride?

My dealer sucks too, I just don't use them anymore for anything but parts.
 

DustyRusty

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BX23S
Nov 8, 2015
4,953
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North East CT
So are you saying that it isn't discrimination or just that is is legal for a multinational corporation and it's representatives to discriminate because they do business in more than one state?
You need to understand the word "Discrimination"

What are the 3 types of discrimination?
Race, Color, and Sex
For example, this Act prohibits discrimination against an Asian individual because of physical characteristics such as facial features or height.

What can be considered discrimination?

Unfair treatment because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (age 40 or older), or genetic information.

You could sue both the dealer and possibly Kubota based on contract law, however, you better have some deep pockets like both the dealer and Kubota have. At best even if you prevail in court, you will have to prove your actual damages. That translates that if you were to purchase the exact same machine it cost you more. Then they will only be liable for the difference in price. You will not get legal fees back, and in the end, you will actually be losing even if you win. Lawyers don't work for free, and it won't take very long to use up $10 or $15 thousand dollars in legal fees. Just get your deposit back and go on with your life. My bet is that the tractor has already been sold to another buyer, and even if you were to agree to the higher price today you still wouldn't get delivery of a tractor for several months from now.
 

Swamp

Member

Equipment
L4701DT with NH92 backhoe
Nov 22, 2022
40
35
18
Wisconsin
You need to understand the word "Discrimination"

What are the 3 types of discrimination?
Race, Color, and Sex
For example, this Act prohibits discrimination against an Asian individual because of physical characteristics such as facial features or height.

What can be considered discrimination?

Unfair treatment because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (age 40 or older), or genetic information.

You could sue both the dealer and possibly Kubota based on contract law, however, you better have some deep pockets like both the dealer and Kubota have. At best even if you prevail in court, you will have to prove your actual damages. That translates that if you were to purchase the exact same machine it cost you more. Then they will only be liable for the difference in price. You will not get legal fees back, and in the end, you will actually be losing even if you win. Lawyers don't work for free, and it won't take very long to use up $10 or $15 thousand dollars in legal fees. Just get your deposit back and go on with your life. My bet is that the tractor has already been sold to another buyer, and even if you were to agree to the higher price today you still wouldn't get delivery of a tractor for several months from now.
Actually, There are many types of discrimination. The Code protects against discrimination on the following grounds: age, ancestry, color, race, citizenship, ethnic origin, place of origin, creed, disability, family status, marital status (including single status), gender identity, gender expression, receipt of public assistance (in housing only), record of offences Notice that it mentions citizenship.
If I had $15k laying around I would absolutely spend that money to prove to these people that they really don't have the right to make life changing decisions for others. and prove that they are required by law that once a deal is made they are obligated to follow through with that deal.
Yes,I believe everyone here is clear on the fact that I am mad. I hope that every person that is involved with this deal eventually suffers the same type of treatment when they want to make a once in a lifetime purchase.
 
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Rdrcr

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L2501 w/ S2T Turbo Kit = 35 PTO HP (Current), B2601 (Sold)
May 7, 2021
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^^^^
It sounds like the Kubota Regional Sales Rep is the problem. Seems like the dealer tried to honor the pricing on your behalf but, the Sales Rep and Kubota Corp did not. It’s a really horrible situation and I’m very sorry it happened to you.

I’d be equally as upset and angry as you are. But, now is the time to pause and analyze the entire situation as a whole. If memory serves me correctly, the tractor is $8K more than you were originally quoted/promised and you’re currently looking at spending $5K for an “opportunity” to maybe get them to sell at the original price…a good attorney would tell you to drop it. I would too.

Years ago, I purchased a business. The original owner cooked the books and misrepresented the business I purchased. I had solid proof and hundreds of thousands in provable losses (my entire life savings). My attorneys told me to drop the case?!? Why? He was judgement proof. Prior to the transaction, he had transferred all of his possessions to family and friends and in the end, I would have won the lawsuit but, at an even higher financial loss to me and it wasn’t worth pursuing.
It was a horrible pill to swallow. It was a HUGE learning experience for me to follow my gut, trust my personal research and due diligence and don’t trust the escrow and encrusted industry experts.

Ultimately, I recovered and moved on. It’s only money.

Mike
 
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Swamp

Member

Equipment
L4701DT with NH92 backhoe
Nov 22, 2022
40
35
18
Wisconsin
^^^^
It sounds like the Kubota Regional Sales Rep is the problem. Seems like the dealer tried to honor the pricing on your behalf but, the Sales Rep and Kubota Corp did not. It’s a really horrible situation and I’m very sorry it happened to you.

I’d be equally as upset and angry as you are. But, now is the time to pause and analyze the entire situation as a whole. If memory serves me correctly, the tractor is $8K more than you were originally quoted/promised and you’re currently looking at spending $5K for an “opportunity” to maybe get them to sell at the original price…a good attorney would tell you to drop it. I would too.

Years ago, I purchased a business. The original owner cooked the books and misrepresented the business I purchased. I had solid proof and hundreds of thousands in provable losses (my entire life savings). My attorneys told me to drop the case?!? Why? He was judgement proof. Prior to the transaction, he had transferred all of his possessions to family and friends and in the end, I would have won the lawsuit but, at an even higher financial loss to me and it wasn’t worth pursuing.
It was a horrible pill to swallow. It was a HUGE learning experience for me to follow my gut, trust my personal research and due diligence and don’t trust the escrow and encrusted industry experts.

Ultimately, I recovered and moved on. It’s only money.

Mike
Mike, the pill I'm looking at swallowing sounds like no comparison to what you had done to you. That is horrible. Similar thing happened to my Uncle. I am sane enough to understand the ramifications. I was hoping that I could find some lawyer that was willing to just write an opinion letter and provide a little coercion for less than a grand. To spend $5k on a chance to save $8k would be close to insanity. Like I said if I had $15k laying around I'd throw it at an attorney, but I don't. This was supposed to be the pinnacle of my equipment buying for my lifetime and something that I would leave to the kids. Now that has been tainted by $h!tty business practice. It sucks when you realize that in many cases the only way the law applies is if you have money. That's ruff to swallow!
 
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Rdrcr

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L2501 w/ S2T Turbo Kit = 35 PTO HP (Current), B2601 (Sold)
May 7, 2021
626
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WA
^^^^
I hear you.
And, I'm very sorry you have had to go through this unfortunate situation.

Are you going to continue to pursue this? Or move to an alternative dealer/product?

Mike
 

Swamp

Member

Equipment
L4701DT with NH92 backhoe
Nov 22, 2022
40
35
18
Wisconsin
^^^^
I hear you.
And, I'm very sorry you have had to go through this unfortunate situation.

Are you going to continue to pursue this? Or move to an alternative dealer/product?

Mike
Still waiting on a response from one more attorney. I may still end up with a used kubota. I won't spend a dime over what I was promised on a new on though. I have found two used that will save me between $14k-$16k over what the dealer promised me on that 4701. One is a 2021 MX5400 with the BH92 w/like 100hrs. That's a big savings even with a higher interest rate especially when you account for the new inflated prices that kubota is gouging. I also have 2 LS dealers 45 minutes on either side of me and I'm looking into that along with a woods or landpride hoe. I just need something that's 9'. That was the really big attraction to the kubota and I was willing to pay the extra $$ to get it, but not any more. Now I am willing to pay extra to make sure I don't give kubota a dime.
 
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Swamp

Member

Equipment
L4701DT with NH92 backhoe
Nov 22, 2022
40
35
18
Wisconsin
^^^^
It sounds like the Kubota Regional Sales Rep is the problem. Seems like the dealer tried to honor the pricing on your behalf but, the Sales Rep and Kubota Corp did not. It’s a really horrible situation and I’m very sorry it happened to you.

I’d be equally as upset and angry as you are. But, now is the time to pause and analyze the entire situation as a whole. If memory serves me correctly, the tractor is $8K more than you were originally quoted/promised and you’re currently looking at spending $5K for an “opportunity” to maybe get them to sell at the original price…a good attorney would tell you to drop it. I would too.

Years ago, I purchased a business. The original owner cooked the books and misrepresented the business I purchased. I had solid proof and hundreds of thousands in provable losses (my entire life savings). My attorneys told me to drop the case?!? Why? He was judgement proof. Prior to the transaction, he had transferred all of his possessions to family and friends and in the end, I would have won the lawsuit but, at an even higher financial loss to me and it wasn’t worth pursuing.
It was a horrible pill to swallow. It was a HUGE learning experience for me to follow my gut, trust my personal research and due diligence and don’t trust the escrow and encrusted industry experts.

Ultimately, I recovered and moved on. It’s only money.

Mike
The difference for me is that I am vengeful. Not a great quality, but if there is some way legally and financially that I could punish someone who wronged me I'd do it if it was within my means. If I was in your position and could have afforded it I would have had any income that guy made garnished until he was buried. I don't screw people over and I don't expect them to screw me over.
 
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DustyRusty

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BX23S
Nov 8, 2015
4,953
3,693
113
North East CT
If you buy used, you are not giving Kubota a dime. They already got that dime from the first purchaser.


 
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Swamp

Member

Equipment
L4701DT with NH92 backhoe
Nov 22, 2022
40
35
18
Wisconsin
If you buy used, you are not giving Kubota a dime. They already got that dime from the first purchaser.


Yup! That is why I am looking at the used ones. Quick look shows that even with the LS a new one set up like I want will be about the same or maybe a little more than a used 'Bota