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View Full Version : Beyond legal advice regarding trailer purchase problems



Gman.45
04-25-2018, 12:36 AM
Ok, back on Dec 1 2017, my father ordered a custom trailer through a dealer in Sask (Majestik Trailers), a Big Tex unit which takes time for the company to build in Texas. We were told about 2 months it would be until it would arrive in Canada. Took much longer, it only arrived this week, end of April. No big deal, we made no complaints about that. Father had put a deposit of $500 and offered to pay the entire invoice ahead of time, but the dealer said that's not how they operate, and the remainder would be due upon delivery.

April 23 2018, the dealer calls (his wife/secratary), and gives us the amount to get a certified check/whatever made out for the same amount on the invoice/receipt we have in hand, 2669.02. We do so, and tell them we purchased a truck to pick it up with, and it'll be done on Wed the 25th, and we'll drive out to pick it up then. All is fine. Morning of the 24th, the guy who owns the dealership calls and says "I'll be up front with you, there is extra charges when you get here, $300 for the change in the dollar that happened, and blah blah blah". I call him back, tell him I have the graphs for the dollar the last 6 months in front of me, and at MOST on the lowest the dollar was to the US rate, it'd be a $20 difference, so WTF is going on? He starts yelling, telling me I don' understand the dollar, and that this is how the trailer business works. I tell him that's BS, and ask for an invoice showing where and why there are extra charges, showing where they came from. He refuses, and says he'll just refund our deposit and sell the trailer to someone else, as we bought it on a sale (about 200$ off), and their price has gone up since we ordered 5 months ago, and he can just sell it to another person easily.

I call Big Tex in Texas. They tell me he got hit with a 3% charge due to the price of US steel going up from the manufacturer (them). Dealer also screwed up the shipping and forgot to get our unit on a trailer in time (his fault they told me), and it cost him extra to get it put on a later load (also part of the reason it was so late in arriving). He also got hit at the border with some unforeseen charges apparently, but we haven't been told what those are. Big Tex legal tells me although he is their dealer up here on their website, they have no control over what he does. I tell him we're their customer as well as his, and they should at least call him about his illegal business practices, at the very least. She says she'll run it up the flagpoll and see if someone will call him. IE not much help from the builder/primary company involved being offered.

Last phone call with Majestik, he was adamant he was refunding the deposit (hasn't shown up on credit card as of yet), and just telling us tough shit.

The trailer has a registration serial number on it, and is registered through SGI. Car dealer we bought the truck from told us legally that trailer is ours the second it comes into the country when you have a signed contract and receipt in hand, and this guy can't just sell it to someone else.

Any dealers here (I'm sure it's the same in AB as SK) know what course of action we should take? I have all the calls recorded, he threatened me on one call as well (funny). I called the consumer protection agency with the SK government, and sent in all the docs at their request, they called back and said he's absolutely in breach of the consumer protection act, and emailed the legal stuff highlighted with the parts of the code he's breaking. They said they'd launch an investigation if we can't get the trailer, and that we'd have to go to small claims court and sue him for damages for time wasted, $ wasted on vehicle to tow the trailer, etc. We can't just buy another trailer as nobody stocks the type we need, it's pretty much all custom order, and it'll take another 3 or 4 months, ruining the summer business not having a way to move the tractor around. We just want our trailer for the agreed upon price - there is nothing on the receipt/contract about possible extra charges due to changing market conditions, shipping or border issues. Only a statement that 2% charge for unpaid invoices monthly, that's the only stipulation. Dealer never verbally warned of extra charges either, not until the day after his secretary called with the invoice amount owed, which was correct as per the receipt/contract.

Advice?

Darell_n
04-25-2018, 05:52 AM
I wouldn’t be wasting much time fighting over a $2k imported trailer, but that’s just me.

Gman.45
04-25-2018, 05:57 AM
You're right, the money is irrelevant, it's the time and massive inconvenience this causes. If there were another option/dealer we could pick one up today at, I'd tell the dealer at Majestik to just keep the deposit, fuck off, and buy a new one at another dealer. Problem is, that isn't an option, and why we ordered this one in the first fucking place. Again, there never is any of the specific type of trailer we need (with a 5 foot high gate that can take the weight of what we're running up it when it's down, with a lower angle, electric brakes installed in the USA, etc etc), in stock in this Province. It's all pretty much "order and wait". We wanted this for early Spring. Having to order over again = won't get a unit until end of summer, at best, past the time when we need it.

The dealer is being incredibly hard to deal with, after his bullshit price increase, I just said fuck it, and told him I'd pay him his 300$ in cash today when we pick it up. He still refused that, and said he'd just refund our deposit. See, we bought the trailer at the trade show Dec1 2017 here, and it was on sale. Now that the price has increased on trailers, he can sell it for probably more than what we paid. So IMO he's just cooked this up as he knew we would either pay him to get the trailer, or he could sell it to another party for more $. That's borderline extortion, beyond just unfair business practice. He's literally holding our property hostage, which we have a receipt for and a registration # for put on at the border, for extra costs incurred during shipping/etc, of which there was no warning nor any info regarding this on the receipt and contract, nor verbally beforehand.

mr2mike
04-25-2018, 03:46 PM
Had a similar issue with a motor being built in the US. Company began to run into financial trouble and I was one of the luck ones to actually get a motor sent back. Did it last? Nope. Shotty work.
Long story short, you have no way of getting that money back cheaply. Dealing with cross-border deals would involve getting a US lawyer to deal with it. Costly and doubtful you'd get your money. They'd declare bankruptcy and move on.

These guys could probably custom build you one.
http://www.rockalta.com/services

4WARNED
04-25-2018, 03:53 PM
That really sucks. if i were you, i'd call the credit card company and get them to refund the money.
no, it doesn't solve the problem about getting the trailer you wanted, but at this point, that dealer doesn't deserve your money. Crooks...

what model did you order? Just curious. i recently sold my Big Tex that was simply used to haul a golf cart back from PHX. good quality trailers.
might be worth looking in Montana for the same trailer if possible?

blueToy
04-25-2018, 05:06 PM
If you know someone near this dealer, have them go in to his business and spec out a trailer somewhat close to the one you ordered. I call bullshait that he's got others lining up to buy one that was custom ordered. He will try and sell it to them. Have them try and grind him down as times are slow etc. You might even get it cheaper! if he sells it to someone else, take him to small claims with your paperwork. He's caused you a lot of grief, give him some back.
Another option it to buy something like the trailer you wanted used, and bring it to some trailer fab places ( think there is a guy in Highriver ) and they may able to make the changes you want without the lead time of another new order. Good luck.

Gman.45
04-25-2018, 08:00 PM
Thanks for the responses guys, bluetoy, you were very prescient with that post as we drove there today, I'll be specific more down below.



what model did you order? Just curious. i recently sold my Big Tex that was simply used to haul a golf cart back from PHX. good quality trailers.
might be worth looking in Montana for the same trailer if possible?

Already ahead of you on the Montana thing, have guys from Kimber firearms (used to be their distributor up here and know them well), looking for us right now around Kalispell and elsewhere, Billings as well. The model we ordered was a custom 35SA, with a custom 5 foot ramp (as stated in the OP), full sized spare, custom electric brakes, and some other changes to the side entry/etc points and gates. Agreed, Big Tex just builds a stronger, better, faster (it's the bionic man trailer woo woo) trailer than the other options in these parts. It's why we've waited patiently for so long even after it being nearly 2 months overdue.

We went there today (the dealer lives at his dealership with his wife/secretary in a home inside one of the large hangars/building/whatever (LOL), and his front gate was chained and locked at 230 pm. Pretty obvious he was expecting us to show up as per the previous deal/plan IMO. He had a razor wire topped fence, but it only covered 3/4 of the property. On a wheat field to the side, it's completely open in the back. No "no trespassing signs", it's a retail registered property, so I just walked in the back way with my phone camera/vid going, and took pics of our trailer sitting there to get the serial number for court docs as per both the RCMP and Sask Consumer protection advised. Also called an RCMP member for that RM (father is rapidly using the whole "back the blue" thing on this, he's quite pissed off and calling in the clans, for better or worse), and asked him if it was legal to go on the property, which he said it was as the dealer had given no previous challenges for us to stay off his property, it was a business, and not posted with no trespass signs. Knocked on the door, they wouldn't answer nor answer 3 phone call attempts, so we just left.

Big Tex's GM John Bradley apparently called him and flipped out on him for treating their customers this way, Sask Consumer protection also called him and advised they were starting an investigation. Our attorney (Chow and associates) also contacted him and advised they were sending a registered letter with the required demand letter for starting a small claims civil action, and that'd he'd be seeking damages including legal costs, etc etc. A lot of crap landed on him in about a couple hours over his nonsense. What's so unreal as I told him in my last convo I'd just give him his $400 to get this over with, and he turned that down with another "tough shit card" and the same 'I can sell it for lots more to someone else (as you said bluetoy, this is more and more unlikely, you're absolutely right on that call IMO).

He's now calling us every 30 minutes as of us getting back home a couple hours ago, and increasingly weakening his bargaining position and demands. I have a strong feeling that Montana searches and custom modders up here won't be needed, and he'll cave and just give it to us as per the deal/contract in place.

Sorry to write walls over a pretty insignificant issue so far as Beyond tales go, but this guy's behavior has really surprised me, I didn't think dealers would ever act in such a stupid manner.

Updates as they happen tomorrow if anyone cares, hah.

gmc72
04-26-2018, 06:48 AM
That is seriously messed up!! Hopefully it all works out for you and your family.

Gman.45
04-29-2018, 01:11 PM
All worked out, after a call from the Sask government's Consumer protection agency and our attorney David Chow to him, with all the particulars regarding the small claims action he was preparing to launch, and a second drive out to his business again, he caved in and it all worked out. I could say I/we caved in as well in terms of the $, but I'll explain further, as what I mostly wished to avoid was him selling our trailer to another client for a larger profit, thus making us wait for another 3 to 4 months (best case) for another to be fabricated and shipped up here, thus ruining the summer/fall season of work with our little $35k new little tractor (hobby side biz), which would truly have sucked.

We drove 100km or so to his business location again, and got in this time due to there being 3 other customers there (he couldn't pad lock his gate on us again at the open of business the next day with other clients coming obviously), and met him face to face at last. He wasn't nearly as obnoxious or offensive face to face, after shaking his hand and meeting his wife/secretary, his aggressive nature flipped completely. His wife came out on our side, telling him in front of us and 1 other long time client of theirs (who was snickering and shooting me funny looks the entire time) that he had behaved in a ridiculous manner, and was fortunate that we didn't just launch legal action, put a bad review online, etc. I even offered to negotiate and pay for the extra unforeseen charges in question, as they certainly weren't our fault, and were something the company was responsible for, based on nothing on the receipt or even verbally beforehand being discussed. Despite being under no legal or moral obligation to pay the extra fees, I gave him the cert check AND the full amount of the extras in cash, just to show good will, and to make a move that would hopefully stop him from selling the trailer out from under us for a higher profit to another customer, and end the fuckery right then and there. Regarding that, I did as much background research on him and his biz, so much as you can in a single day, turned out his property and business were for sale for 5.5 million and $500k respectively, and that business for him certainly wasn't launching rockets to the moon or anything, which led me to believe the whole "I have guys lining up to buy your trailer out from under you" was a BS negotiating tactic. I just wanted to cut through all that, pay the extra cost despite not even needing to, and get on the road with our new trailer.

Well, by the end of the visit he was out hooking up our trailer for us, setting up the new electric brake system on our new vehicle, getting the settings all right, and bobbing and weaving around us like we were his long lost favorite relatives. I'm happy it worked out this way, as opposed to going to court over such minutia.

Great new unit from Big Tex, again, it's got a bunch of custom stuff we requested during the fabrication, they did a fantastic job with all that, it drives and tracks perfectly, and the electric brakes work very well as ordered.

spikerS
04-29-2018, 03:25 PM
awesome, glad it all worked out for you.

pics of the trailer?

ExtraSlow
04-29-2018, 03:33 PM
Agree with your approach that getting the trailer you ordered when you needed it was more important than a few hundred bucks.

A790
04-29-2018, 05:23 PM
Glad you resolved it to your satisfaction. Nice work.

schurchill39
05-15-2018, 12:09 PM
I do love me some good trailer pics! Post them up

TomcoPDR
05-17-2018, 01:55 PM
+1 for pics.

never
05-17-2018, 02:09 PM
Someone should probably start a trailer picture thread to help you guys out! ;)

tcon
05-18-2018, 01:33 AM
See if global/ctv/cbc/whoever will run a story on it. Give him shyte reviews. Find a trailer on Kijiji. :dunno:

nvm read your latest post