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  1. #1

    Default Bad Oil New Tractor

    I wonder if this has EVER happened to anybody else?

    I bought a brand new kubota L4400 in October 2007. Due to illness I didn't get to use it much that fall and winter so in the spring, April 02, 2008 to be exact, the tractor only had 48 point something hours on it so it was ready for it's first service. I must point out the tractor performed flawlessly up to that point.

    I already had all the filters and everything except for the hydraulic oil. Of course Kubota RECOMMENDS you use their brand of oil, which THEY do not make, just like with any other equipment I have owned I NEVER buy the "dealer brand". Here it costs over double the generic. So I called the dealer I bought it from and double checked with them if Smitty's Supertrac fluid was compatible as I had used it in my other tractor for years. They said YES.

    I had an unopened container of Supertrac fluid. Since the tractor needs 10.6 gallons to fill back up I went and bought 2 five gallon pails of the fluid from the local parts store.

    After draining the old factory fluid from the tractor, and replacing the filters, I opened the first container of SuperTrac fluid and began filling the tractor. I became concerned IMMEDIATELY because the color of the fluid was bright green. It had NEVER been that color before. It seemed to me the viscosity of the oil was a little thick. But I am not an oil expert, though I have owned and operated all kinds of farm equipment, construction equipment, long haul 18 wheelers, welding equipment, and god know what else. Then I opened the second container I had just bought along with the first. It was the usual brown color and appeared to be thinner. At the point I became ALARMED!!! It was evening, so I waited until the next morning and carried the pails back to the store and showed it to the guy that ran the store. I poured residue form each pail in to a clean glass for each that I brought with me. I told the guy my concerns and REMINDED HIM THIS WAS A BRAND NEW TRACTOR AND THE VERY FIRST OIL CHANGE!!!!!!!! He said it was OK, just a "different batch" or something.

    So I went home and cranked and ran the tractor for about 5 hours. The hydraulics began behaving funny, the brakes started to squeal as did the PTO clutch. I called the dealer who of course told me to get the fluid out immediately. Then I went back to the parts store and told them. They gave me 25 gallons of the same fluid to "flush the system" with. That's the only way you can flush it, just keep changing the oil and filters and run it a little each time to circulate.

    Then the nightmare began. The brakes and pto clutch squalled so loudly, plus the hydraulics did not work right so back to the dealer's shop.

    First rattle out of the box, they said they had put the wrong remotes on it. (I have to have three remotes) They put stackables on there, they will NOT work with that tractor but they exchanged them.

    But, my brand knew tractor had to be torn down and new brakes installed. I had to PAY for it too because they said the warranty was void because the wrong oil had been put in it.

    That spring season was ruined because the tractor was torn down over a month.

    This October I got sick again and was on my back about 90 days and then after that I was very weak, plus in March I caught the worst case of flu I ever had. So it was just lately that I finally got up and around.

    I put the rotary mower on the tractor and tried to do a little mowing with the the thing, but every time I engaged the PTO it squalled so loudly it put my teeth on edge. Since I had lost confidence in the dealer I bought it from for putting the wrong remotes on it I took it to another dealer. Now the tractor is going to have to be torn all down AGAIN, I am NOT going to have it for no telling how long and I have been told I am going to have to PAY for it again.

    The tractor now only has 112 hours. I was supposed to change the oil at 100 hours but since it is going to have to be torn down all over again, no sense in doing that.

    I want a brand new tractor. That's what I had when I walked in to that store on April 02, 08. Now I have a second hand tractor with 112 hours on it and in for the second major tear down. And get this, they want ME to pay for this.

    I have talked to an attorney about this, he shot me a price of $500 (that's dollars) per hour to litigate it. This the second spring in a row since I bought the tractor that I am not going to have it when I REALLY need it. This is the time of year I have ALWAYS used a tractor like that the most.

    I believe the parts store should buy me a brand new tractor right out of the box, pay all the money I have been and am GOING to be out, and the legal costs. I had a brand new tractor with 48 hours on it when I walked in to that store, now I have a piece of crap that is scattered all over the floor at a dealership. I am 57 years old and this is the only brand new piece of equipment I have ever owned with the exception of a new Lincoln portable welding machine I bought in 95.

    Has anybody else ever had this happen to them???? What would you do?? what have you done and how did it turn out???

    broker than broke, now sicker than sick

  2. #2
    Super Member scott_vt's Avatar
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    1986 MF 1040, 1942 Farmall A, 1949 Farmall Super A

    Default Re: Bad Oil New Tractor

    Good Evenin Broker than broke,
    I feel for you, thats a terrible story ! I think the only way your going to get anything out of the parts store, is through an attorney, and thats obviously going to be costly ! Good luck with it if thats what you decide !

    Im thinking you just taught many people a very valuable lesson on buying fluids for their tractor ! Dont skimp bottom line, on a valuable piece of equipment !

    You may be able to get some restitution from the parts store but I dont see a new tractor in your future unless you can get Johnny Cochrane to represent you !

    Pay the dealer to get it back to where it was before the fatal mistake and use the proper fluids in the future !

    BTW welcome to TBN !
    scotty

    ,,,course,,it is gas,and gas is,,well,gas,,so,,but it kills the @#$$ oughta them yellow jackets,,,thingy

    http://www.tractorbynet.com/content/...onth-scott_vt/

  3. #3
    Super Star Member Diamondpilot's Avatar
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    Jinma 254/284 Ford 861 Powermaster at work

    Default Re: Bad Oil New Tractor

    I do like you and buy generic fluids for hydraulics and use Shell Rotella for engine oil in my tractor. I hate to say it but I think you have a law suit on your hands. kubota is just going to say you either pay now or pay later and they told you so on using the fluids they sell. It was your risk to use something else so they are washing hands of the problems.

    This matter is going to come down to you and the oils manufacture. You can not sue WalMart if a Chain Saw you bought off them explodes and takes half your leg off, you need to sue the manufacture of the saw. Same thing here. The parts store is just a retailer of the oil. They did not make it, all they do is sell it so they have no clue what is in the sealed container.

    Chris

  4. #4
    Super Member two_bit_score's Avatar
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    Default Re: Bad Oil New Tractor

    That's a sad stroy and I am really sorry that happened to you. Kinda makes that dealer branded fluid sound cheap even just for all the hassle you would have saved.

  5. #5
    Platinum Member
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    Default Re: Bad Oil New Tractor

    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....

  6. #6
    Gold Member Hematite's Avatar
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    Default Re: Bad Oil New Tractor

    Yes, this is a perfect case of what happens when something other than the factory fluids are used. My feeling, with cars, trucks, and tractors, is to use the factory fluids until the warranty period is over to protect the warranty. At that point, if you use non factory fluids, that is your call.

    I feel sorry for broker than broke because the fluid manufacturer probably IS at fault. Unfortunately, a likely VERY costly lawsuit would be needed to recover the repair costs. I think that once the tractor is repaired, approaching the fluid manufacturer with the evidence/ information would be called for to see if they will stand behind their product.
    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.

  7. #7

    Default Re: Bad Oil New Tractor

    Well I am NOT an attorney, but I am pretty sure I will HAVE to sue the parts store and MAYBE the manufacturer as well. I have sued people and have been sued and I have never lost a suit, but I have only really WON one. There was only one that I ever actually got the money. I have always PREVAILED.

    I will know for sure Monday morning, but I am sure the parts store is the one to go after. Of course this is America and anybody can sue anybody for anything.

    The parts store DEFINITELY has liability. They were negligent on several occasions in this little story.

    One more thing, I most CERTAINLY know this and HAVE known it for a very long time. It is ILLEGAL for a manufacturer to DEMAND you only use THEIR oil. All you have to do is match THEIR SPECS. It can be ANY brand or YOU CAN MAKE IT YOURSELF!!!!!! It is a violation of Fair Trade Laws. Think about that one. I have driven Ford Trucks since 1972. I have NEVER bought Motor Craft motor oil and NEVER WILL.

    The store said the SuperTrac was compatible with kubota, the DEALER I bought the tractor said it was OK. The package the oil came in said "for use with Kubota" among others.

    Once again, you can make your own oil and if it matches THEIR specs they CANNOT void your warranty for it. They cannot compel you to use their oil or fuel or anything else. You just have to match their specs and the only way the owner operator can do that is rely on the people that sell it, the people he buys it from. It is as simple as that. The store is an authorized agent.

    I am also a Texas Real Estate Broker and a state certified real estate appraiser, I have sat in too many real estate law classes to not have a feel for that. But I must repeat I am not an attorney and I will consult with an attorney Monday. We shall see. Here's the real problem, at the going rate of $500 per hour, 45 hours of work and you have just bought a new tractor.

  8. #8
    Elite Member newbury's Avatar
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    Default Re: Bad Oil New Tractor

    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 out the 57 year old part - they think at that age we are senile.

    /edit because it took me so long to write this other posts came in.
    The parts store DEFINITELY has liability. They were negligent on several occasions in this little story.
    Where were they negligent OTHER than the person who told you
    it was OK, just a "different batch" or something.
    Was the "he" the manager? The store owner? Or the guy working for minimum wage behind the counter?
    Last edited by newbury; 05-30-2009 at 11:01 PM.
    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. #9
    Elite Member dodge man's Avatar
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    Kubota BX2350

    Default Re: Bad Oil New Tractor

    When the kubota dealer delivered my tractor, the guy went over it with me. He said he always recomends using Kubota fluids. He more or less told be Kubota can deny fixes under warranty if you aren't using their fluids. In this case it is not Kubota's fault, so they aren't going to cover it under warranty.

    A couple of other thoughts, can you prove that you got bad oil? Would the guy in the parts store remember your problem and testify to this in court? I bet not! Did you save the bucket that had the bad oil in it? If not you are not likely to win a case, and if you did, you still might be out more money in laywers fees that it's worth.

    My advice, east the cost, get it fixed and move on.

  10. #10
    Super Member two_bit_score's Avatar
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    Default Re: Bad Oil New Tractor

    Your lawyer won't even get started good on a lawsuit before he has 45 hours billed.



    Have you even had the fluids tested yet? I'd look for a testing lab to do that first and keep the original containers. There should be some good one's around Houston or Dallas.

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