ComplaintsforDanny Yates Landscaping, Inc.

• Initial Complaint

  07/18/2023

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  I ordered 2 Ligustrum Japonicas and paid for installation. They arrived at the end of March and had mildew and scale on them. Some brown stems were evident and removed. Both plants continued to suffer. Plants were watered properly. Photos were taken and plant samples taken to the nursery where they were purchased. We were told to spray with copper fungicide, and I did. After two weeks they were still in decline. The nursery sent out **** **********************, their expert, who felt it was a water problem from our pool run off, as well as, scale. However, at the time it was dry season and no other established plants in the bed were affected. This was noted by Mr. ********************** and no soil samples were taken. The plants continue to decline, and I have cut out the dead wood. I called ********************** Nursery for a resolution in mid July as the plants are still not doing well. They informed me that they do not replace or refund. I have contacted the Orange ************************ regarding this episode along with photos. They have concluded that we were sold inferior plants and should be reimbursed. ********************** Nursery hung up on me before I could tell them of my conversation.*************************** Owner of ******* and ****** Wholesale Nursery Past President of ************** *********************** Past Director of ******************** of Nurserymen

  Business response

  07/20/2023

   

  February 2nd *****- ****************** paid for his trees and installation.

  February 15th ***** - Danny Yates Landscaping installed Mr. ******** materials

                             3 MONTHS LATER 

  May 22nd, 2023 - ****************** brought his Ligustrum tree issues to our attention. He sent the picture that is attached to this response.

                          From this point forward we have gone back and forth trying to help diagnose and fix the trees with ******************. He stated our suggestions did not help. So we sent out and paid for a licensed professional, Yates Landscape /**** Yates to evaluate what was going on with the Ligustrum tree. He reported that upon inspection he found the tree to have Scale (not detrimental to the tree) and also Fungus. He treated the Ligustrum for ****************** at no charge to him. He also discussed with ****************** that he believed the pool overflow was causing the issues of Fungus and that he also did not think the tree would survive the summer due to the pool overflow. ****************** pointed out his Gardenia doing well in the same bed, **** stated it is not in the path of the overflow from the pool. ****************** does not believe the pool overflow is the issue and said that we have had no rain to cause the overflow. However, from the time of installation in February, we had several rainstorms, especially in April, and also a couple of cold snaps as well in February and March. 

                        ****************** states he made a phone call to the Orange **************** Services, and they concluded we sold inferior plants. They were not there when these plants were sold or installed so they would have no way of knowing the state of the trees in question. We are not in Orange County, we suggested calling *** co Extension Services. Our materials do not come from that area. We do not disagree that the Ligustrum is struggling as noted we tried to assist. We do not offer warranties or refunds on our materials due to the fact we are not there to maintain them, we have no way of confirming what type of care they are given. If there was a problem when these trees left our Nursery, he would have noticed this right away. It took 3 months for him to reach out to us. At this point we have offered and went above and beyond trying to help recover his ligustrum tree. I did indeed hang up after multiple calls being made and the same discussion being had. I am not here to argue, i have other clients as well that require our attention. We do recommend that ****************** hire a professional ****************** to help with his materials. 

   

  Customer response

  07/20/2023

   
  Complaint: 20339739
  
  I am rejecting this response because: We havent any other plants with this problem orotund our home. We did notice immediately brown leaves and pruned them out. We thought they were a result of handling. We also saw a plant with the same problems at the nursery when we took in our samples. I ask **** to also review the plant at the nursery. Would it be possible to visit the grower they purchased the ligustrum from? Our position is that they arrived with the insect and disease issues. Yates nursery may not have a policy of restitution but they have an obligation to provide quality product to the public. The degree of infestation did not take place over a few months. This was confirmed by the extension service. Yates nursery are not professional growers. I would like an arbitration with a horticulture degree to intervene. *********************
  
  Sincerely,
  
  ***************************

  Business response

  07/21/2023

  We are rejecting this response:

  He came into our Nursery and picked his materials. If they were diseased at that time he would have seen it, especially when "pruning out brown leaves". Again, he did not reach out to us for 3 months. We sent out and paid for a professional to evaluate the trees. He reported they were not dead but did have fungus and scale, which he treated for. The professional did make his findings clear to the owner in regard to the pool overflow. 

   We are not a licensed as a pest control company and recommend he should hire a professional pest control company to help him. 

  Customer response

  07/28/2023

   
  Complaint: 20339739
  
  I am rejecting this response because:I ordered the plants and never saw them until they were planted by Yates nursery. I believe we still need a competent arbor traitor . The nursery has a responsibility for the products it sales. Customers trust that the people selling nursery stock have some basic knowledge of plants. I am letting them know they sold some damaged plants. I want resolution.
  
  Sincerely,
  
  ***************************

• Initial Complaint

  05/11/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Resolved

  More info

  My transaction took place on February 13th 2023. I visited Danny Yates Nursery located in ********** *******, I was visiting my mother who lives in ********** I flew in from ********** to spend a week with her. My intention was to replace some plants, that were lost from hurricane ***. My mother, myself and my brother met with a salesperson who **** up an invoice that listed some flowers and a tree, that we chose for the nursery to deliver to my mothers house and install. I was told this would happen on Wednesday feb.15th. Everything total came to ******. This was charged to my credit card, Less than 12 hours later my mother who is 96 years old decided against having the tree and I immediately called the nursery to cancel that portion of the order. I was told by a person named ******* that I would incur a 25% restocking fee as well as a 9% credit card reversal fee. I felt this unreasonable as the credit card transaction did not even post yet, and the merchant would not be charged anything at this point I was told this by my credit card company. Concerning the restocking fee nothing left the nursery, nothing was special ordered, the tree was still right there. At this point I felt her customer service ethics were so poor I cancel the total order. She was belligerent, and her only alternative was a gift certificate. I explained I lived **** miles away, my 96 year old mothers health is poor and has trouble even leaving her house. A gift certificate was out of the question. I have called several times, I asked to speak to the owner Danny Yates, she tells me he doesnt take phone calls. I cant get around her. At this point I am out ******, There was no credit put back to my credit card, if no resolution becomes of this I will have to resort to an elder attorney to act of my mother's behalf. I am sure if the owner Danny Yates was involved with this, he would prefer to keep relations with customers happy, but this person handling the calls will not allow it.

  Business response

  05/11/2023

  The reason stated by the homeowner for the cancellation to our company was that we could not install the material in the time frame she had said the nursery staff had quoted, however, the material ordered was not in stock and there are signs in the nursery that state that they will not be able to provide timeframes for installations and that the office will call with schedule dates.  The material that was ordered was not in stock at the time of purchase, once the material was obtained the office called with the schedule date the customer stated that this was unacceptable and they wanted a full refund.  The nursery staff has no way of providing schedule dates and do not quote schedule dates to customers. The homeowners signed receipt states "No Warranty, Refund or Exchanges on Materials Purchased or Installed".

  The owner Danny Yates has been involved in this transaction and is aware of the dispute with the credit card company that was credited back due to the "disclaimer" on the receipt.  He does not wish to hold the entire amount of this homeowners fees, however, does not feel it to be fair that they ask ** to "incur the charges-$43.72" for the customer to change their mind. 

  Danny Yates Landscaping is willing to credit $442.11 back to the customer.  This amount is less ($43.72) the credit card fees that were charged for running and crediting back the credit card charges from our merchant. 

  If the homeowner is agreeable to this credit they will be required to provide the credit card that was used for the transaction to the office for this to be processed.

   

   

  Customer response

  05/15/2023

   
  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me.
  
  Sincerely,
  
  ***************************

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