Page 2 of 20 FirstFirst 1234512 ... LastLast
Results 11 to 20 of 198
  1. #11
    Elite Member dodge man's Avatar
    Join Date
    Oct 2008
    Posts
    3,742
    Location
    West central Illinois
    Tractor
    Kubota BX2350

    Default Re: Bad Oil New Tractor

    I read your second post after I posted mine. If I were you, I would leave kubota out of it, they have nothing to do with it at this point. You have admited your dumped a defective product in their machine, so it's not their fault. You are correct, that can't FORCE you to use their product.

    I also, as a land surveyor, have seen the inside of a court room on a few occasions. I'm telling you I think you have a lousy case unless you saved the defective container with a little bit of oil left in it and can get the parts store guy to testify. I will also tell you that guy is going to claim he doesn't remember a thing. Then again, I'm not an lawyer either.

    Good luck and I wish you the best!

  2. #12
    Elite Member newbury's Avatar
    Join Date
    Jan 2009
    Posts
    4,777
    Location
    From Vt, in Va, retiring to MS
    Tractor
    Kubota's - B7610, M4700

    Default Re: Bad Oil New Tractor

    Quote Originally Posted by greenmule View Post
    I'm no oil expert,but,would not put green oil in my tractor,green antifreeze but not green universal oil,or green motor oil or green gear oil.[have used green grease].

    Would not put brown universal oil in either and have never heard of smittys oil,so....
    I would LOVE to put GREEN oil in my tractor, as long as it was kubota approved - then I could see the darn stuff on the dipstick.
    My rides - '95 Kubota M4700 w/ PEC, LA1001 FEL :'07 B7610, LA352 FEL, Bush Hog SBX 48 box blade, '09 Woods BH70-X w/ 16" bucket and thumb, 3pt pallet forks, Dale Phillips PHD, Jinma 8" chipper, 2 Piranha's, Winco 12KW PTO generator, Howse plow, 5' KK tiller, 5' Big Bee cutter, with a 2002 7.3L Ford F350 CC DRW 4x4 and '07 18' Hudson HSE Deluxe trailer - 5 Ton to haul it all

  3. #13
    Gold Member Hematite's Avatar
    Join Date
    May 2009
    Posts
    460
    Location
    Dutchess Cty, New York

    Default Re: Bad Oil New Tractor

    Quote Originally Posted by newbury View Post
    Just to try and get this straight:
    You had a 6 month old tractor with about 50 hrs on it.
    You bought some fluid.
    Immediately suspected you had a bad batch, confirmed that the two pails did not contain the same oil and listened to someone at the counter who told you don't worry, be happy.
    Then you "flushed" it with (hopefully) the right fluid.
    Then you took it right back to the dealer.
    The tractor now has 112 hours on it.

    Sounds like the blame for the initial oil problem lies on Supertrac for improperly packaging the oil. The only two people you can blame about the oil are you and the guy who told you it was OK, but it was Supertrac that mislabeled according to your details.

    But -
    You had a used tractor with 48 hours on it when you walked into the store, were sold mispackaged oil.

    Somehow after flushing and dealer remote replacement you managed to put another 60 hours on a mal-functioning tractor.

    And now you want a new tractor.

    Good luck. I suggest you AND the parts store go after Supertrac, for a 6 month old tractor with 50 hours on it.

    And leave ot the 57 year old part - they think at that age we are senile.

    That pretty much sums it up....and yes you are NOT obligated to use the manufacturers oil but if the oil that you use DOES screw up your tractor the manufacturer will NOT warrantee it.

    Makes the factory oil look inexpensive, doesn't it!
    2003 Massey Ferguson 2925, 25hp Hydro, 60" shaft drive mower deck, 60" manual blade, 47" shaft drive two stage snow blower.
    2008 New Holland T2310 Deluxe 40hp FWD Boomer, Dual power hydro/ 250TL FEL/ 758C BH/ 105A HD 72" gear tiller, Woods GB72 box scraper, Arrow Material Handling Mighty Max 48" pallet forks.

  4. #14
    Super Member two_bit_score's Avatar
    Join Date
    Dec 2008
    Posts
    7,645
    Location
    Texas - from the brush and pear to the piney woods
    Tractor
    John Deere 110 TLB

    Default Re: Bad Oil New Tractor

    Quote Originally Posted by dodge man View Post
    I read your second post after I posted mine. If I were you, I would leave kubota out of it, they have nothing to do with it at this point. You have admited your dumped a defective product in their machine, so it's not their fault. You are correct, that can't FORCE you to use their product.

    I also, as a land surveyor, have seen the inside of a court room on a few occasions. I'm telling you I think you have a lousy case unless you saved the defective container with a little bit of oil left in it and can get the parts store guy to testify. I will also tell you that guy is going to claim he doesn't remember a thing. Then again, I'm not an lawyer either.

    Good luck and I wish you the best!

    In Texas we have a Deceptive Trade Practices Act which would allow recovery of treble damages and attorneys fees if he was successful in his lawsuit. Every attorney who would be worth $500 an hour is well aware of this statute and would take the case on a contigency if they felt it was a winner.

    Obviously, his attorney feels the same as you do about this case or he would never have told him to expect to pay $500 an hour.

  5. #15
    Elite Member newbury's Avatar
    Join Date
    Jan 2009
    Posts
    4,777
    Location
    From Vt, in Va, retiring to MS
    Tractor
    Kubota's - B7610, M4700

    Default Re: Bad Oil New Tractor

    Quote Originally Posted by Hematite View Post
    <snip>

    Makes the factory oil look inexpensive, doesn't it!
    Actually makes it look inexpensive to have the dealer do the oil change.
    My rides - '95 Kubota M4700 w/ PEC, LA1001 FEL :'07 B7610, LA352 FEL, Bush Hog SBX 48 box blade, '09 Woods BH70-X w/ 16" bucket and thumb, 3pt pallet forks, Dale Phillips PHD, Jinma 8" chipper, 2 Piranha's, Winco 12KW PTO generator, Howse plow, 5' KK tiller, 5' Big Bee cutter, with a 2002 7.3L Ford F350 CC DRW 4x4 and '07 18' Hudson HSE Deluxe trailer - 5 Ton to haul it all

  6. #16
    Platinum Member
    Join Date
    Jan 2009
    Posts
    965

    Default Re: Bad Oil New Tractor

    But broker than broke[and by the way you can't be cause I already am],you said you poured bright green oil in your tractor[guess 5 gal?] followed by brown oil,and said you were concerned.

    I woulda been concerned as well as soon as I saw bright green universal oil.

  7. #17
    Veteran Member
    Join Date
    Jan 2008
    Posts
    1,718

    Default Re: Bad Oil New Tractor

    Don't let the $500.00 an hour scare you. There are more than one attorney that will handle the case one will even do it pro bono and collect from the parts store and r dealer, and or kubota.

    Yes I know Kubota is not at fault but attorneys sue everyone and everyone that has ever touched the tractor. Chances are it will never go to litigation.

    They will sue everyone on the planet and collect a pretty good pay check.

    The stores insurance company should pay you odd, but will fight it.

    I had a lawyer sue Ford for me at no charge and he collected 60K for a few days work and several letters.

    Spend a day on the phone even outside your area there is a hungry attorney out there.

    I've never used any mfg fluid because what I put in generally is better than mfg stuff anyway.

  8. #18
    Elite Member newbury's Avatar
    Join Date
    Jan 2009
    Posts
    4,777
    Location
    From Vt, in Va, retiring to MS
    Tractor
    Kubota's - B7610, M4700

    Default Re: Bad Oil New Tractor

    Quote Originally Posted by greenmule View Post
    But broker than broke[and by the way you can't be cause I already am],you said you poured bright green oil in your tractor[guess 5 gal?] followed by brown oil,and said you were concerned.

    I woulda been concerned as well as soon as I saw bright green universal oil.
    Why would you be concerned about the color of the oil (except for the fact kubota does not have color)? I expected red.

    Here's a couple of links
    Enviro-Green Hydraulic Fluid 55 Gallon

    Peter Verdone
    My rides - '95 Kubota M4700 w/ PEC, LA1001 FEL :'07 B7610, LA352 FEL, Bush Hog SBX 48 box blade, '09 Woods BH70-X w/ 16" bucket and thumb, 3pt pallet forks, Dale Phillips PHD, Jinma 8" chipper, 2 Piranha's, Winco 12KW PTO generator, Howse plow, 5' KK tiller, 5' Big Bee cutter, with a 2002 7.3L Ford F350 CC DRW 4x4 and '07 18' Hudson HSE Deluxe trailer - 5 Ton to haul it all

  9. #19
    Silver Member skipro3's Avatar
    Join Date
    Jul 2008
    Posts
    223
    Location
    Placerville, CA
    Tractor
    Montana 4344

    Default Re: Bad Oil New Tractor

    Maybe you'll get lucky and someone will steal your tractor and you can just get it replaced with your insurance.
    It has been my experience that you would be better off selling it as is or trading it in on something else. A trade-in would be best, sell at an ag auction would do as well. In any case, get rid of it and use that lawyer money to buy a good replacement. Forget lawyers, suing, and all the rest of that stuff. It would be years before you would collect, if you ever did. Again, my experience, but judges are not rational people. Somehow, someway, there will be a technicality that will weigh things against you. Even if you won, it would be more years before you could collect. A judgment is NOT money in the bank. Just ask O.J. Simpson about that! Ha!

  10. #20
    Super Member two_bit_score's Avatar
    Join Date
    Dec 2008
    Posts
    7,645
    Location
    Texas - from the brush and pear to the piney woods
    Tractor
    John Deere 110 TLB

    Default Re: Bad Oil New Tractor

    Cat Driver:"I had a lawyer sue Ford for me at no charge and he collected 60K for a few days work and several letters."


    Not to put too fine a point on it but, your lawyer did not SUE anyone for you if all he did was write a few letters over a few days.

    He saw an open and shut case and made a demand, maybe some negotitation and accepted a settlement. He probably either charged you by the hour or had a contigency with maybe as much as one half of what Ford paid as his fee. You didn't say which. If it was the contigency then he made a pretty nickle for his fee without much effort. Which is exactly what most lawyers will try to do. That's why I would be surprised if the lawyer he spoke to thought he had a very good case.

    It's a sad story and it's bad for 'broke' that it happened to him and you are entirely correct that he should shop around with other lawyers for one that might take it on a contigency.

    But I can tell you that if the case were to actually go to trial he or someone would spend more than the tractor is worth just in discovery and expert testimony. Still doesn't mean it's not worth doing, if he's willing to spend the money.

Page 2 of 20 FirstFirst 1234512 ... LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
© 2014 TractorByNet.com. TractorByNet is a registered trademark of IMC Digital Universe, Inc. Other trademarks on this page are the property of their respective owners.