Just bought first tractor and got ripped off

[Poorboy04]

I just bought a 2002 tc24d with 1,000hrs (first tractor I have owned). When I got home I noticed hydraulic fluid on my trailer like it was leaking by the belly mower. So I went in for farther investigation to see what is going on. I found that I have been ripped off there is a 12" weld going up the lift side of the transmission which was covered in gasket maker and painted black. Acourse its leaking hydraulic fluid. Now I'm lost what do I do. I don't have any money to fix it I saved up for a year to buy this tractor and the seller is pretty much non responsive.

 

[Rock knocker]

Small claims court? That often helps get a response from the otherwise non-responsive.

 

[Poorboy04]

I signed a bill of sale and it stated AS IS and No Warranty. So I don't know if that would help.

 

[aczlan]

Did you buy from a dealer or a private seller?
I would have a conversation with the seller about it being misrepresented.

Aaron Z

 

[Deere Dude]

Sounds like fraud to me. I would still try small claims court if the seller won't come across with a fix. It sounds like he won't though.

Make sure you document all calls and keep a paper trail unless needed later.

That is a cryin' shame.

 

[jeff9366]

Caveat Emptor | Definition of Caveat Emptor by Merriam-Webster
LAW : the principle that a person who buys something is responsible for making sure that it is in good condition, works properly, etc.

Under law, dealers are held to a higher standard, due to their supposed professional knowledge.

When a sale is private party to private party, BUYER BEWARE. Further, you signed a AS IS, NO WARRANTY release. "AS IS" proofs seller against misrepresentation claims.

Small Claims Court, like other courts, only interprets and enforces the law. Law is on the seller's side in this disagreement.

Change your title to: Just Bought First Tractor; Learned A Hard Lesson In Life.

 

[dbotos]

Was the tractor advertised anywhere? Newspaper / craigslist? If so, you'll probably want to get a copy of the ad if your case in court is going to be that the seller misrepresented the condition of the item for sale. Of course that could be an uphill battle, especially if the ad says "as-is" or something to that effect. If it was advertised as having no problems and you get a written statement from a credible expert (e.g. tractor dealer) that has inspected the tractor and says it has a major defect that was covered up, that could help your case. Of course, the other side could counter and say that the repair was fine before you bought it and you somehow broke it during hauling or usage after you purchased it. Or they could deny existence of the repair completely and say it was something you did.

Got any pictures of the "repair"? I feel your pain (at least a little) - I bought a '54 Ferguson TO-30 in Feburary of 2013 and used it a few times before I discovered the rear axle oil seals leaking. Life has gotten in the way of that project and she's still sitting. I do have most of the left side ready to go back together with parts freshly powdercoated or painted. Hopefully I can finally get it wrapped up this Winter and the Kioti will have a friend to play with in the Spring... If nothing else, the members here could probably help guide you on how to get that "repair" redone correctly or replaced with a new housing.

 

[Poorboy04]

The add said it was in good shape. Also I have texts of him saying that all the tractor needed was small cosmetic things and after I contacted him about the weld he pretty much said he knew about it but forget to tell me. I have all this in text messages.

 

[Poorboy04]

I also have text from him saying it started leaking at the weld a couple months ago but it wasn't bad. I will also post pics but I'm not sure how to do it.

 

[Poorboy04]

No that was after I got it home and seen the leak and asked for my money back.