Bad Oil New Tractor

[dodge man]

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!

 

[newbury]

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.

 

[Hematite]

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!

 

[two_bit_score]

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.

 

[newbury]

<snip>

Makes the factory oil look inexpensive, doesn't it!

Actually makes it look inexpensive to have the dealer do the oil change.

 

[greenmule]

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.

 

[Cat_Driver]

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.

 

[newbury]

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

 

[skipro3]

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!

 

[two_bit_score]

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.