CWP37
Gold Member
I hate the litigious society we live in, but I would talk to a lawyer. You have reason to be mad, you got hosed. That's a mojor misrepresentation of something that changes the value of an item.
Ritchie Brothers Auctioneers - Buyer beware!
- Thread starter GeauxLSU
- Start date
It's up to you, but go see a lawyer and pay him $100 to determine if you have a leg to stand on.
You can always take them to small claims court. (leg or no leg) You aren't suing for the full value you paid, only the difference in value between an HST and a gear trans tractor. Talk to a lot of dealers, print out a lot of ebay sales of com parables etc to set the reasonable value. You will probably need to subpoena the auctioneers and the original owner that sent it to the auctioneers. If you can show that the owner told them it was a gear trans then you may have a fraud case against the auction house. If the owner told them it was an HST, you may have a fraud case against the owner.
While I have never sued anyone (nor do I ever in this life intend to), were I picking sand out of my colon - it may be a different story!
If you have to eat it, at least it's a decent tractor...
caveat emptor
jb
You can always take them to small claims court. (leg or no leg) You aren't suing for the full value you paid, only the difference in value between an HST and a gear trans tractor. Talk to a lot of dealers, print out a lot of ebay sales of com parables etc to set the reasonable value. You will probably need to subpoena the auctioneers and the original owner that sent it to the auctioneers. If you can show that the owner told them it was a gear trans then you may have a fraud case against the auction house. If the owner told them it was an HST, you may have a fraud case against the owner.
While I have never sued anyone (nor do I ever in this life intend to), were I picking sand out of my colon - it may be a different story!
If you have to eat it, at least it's a decent tractor...
caveat emptor
jb
redlevel
Gold Member
GeauxLSU said:
Geaux, I hope you realize I'm not ragging on you. I am actually pretty sympathetic and don't blame you for being tinkled off. But to say you wouldn't have known the difference???? What were you doing even bidding on a tractor? You could have payed some old farmer (me for instance) twenty-five bucks and bought him (me) a half-dozen Krystals and avoided all that. Probably eight Krystals.
"We're selling some stuff. Come figure out what it is and see if you'd like to buy it." In fact, that is exactly the attitude I take when I go to a farm equipment auction. I know that, for the most part, those people working for the auction company don't have a clue. Not only do they not know nothing, they don't even suspect nothing. Therefore, it behooves me to really be informed about the piece when I am bidding. Another thing, you said you paid top dollar for the item as advertised. If you were going to do that, you should have gone to a dealer. Unless you personally know the piece of equipment, like if your great-uncle is selling out and you really would like to have that cherry 135 MF he bought new in '73, never ever pay top dollar for an item at auction. There are too many variables, too many things that can be wrong, and, as you discovered, too many things that can be misrepresented or just plain lied about.
I don't know but what LS&U had the best team in the country by the last three weeks of the season. That big old quarterback is something else.
dirtworksequip
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Geaux,
Save your money on the attorney. The auction companies have just about everything covered with disclaimers. Its not like you where not in attendance of the auction. You had ample time to inspect the machine but chose not to because of the weather.
Just for the heck of it. I'll ask an attorney friend of mine what your recourse might be, if you have any that is. He actually worked for Richie Bros. for about a year.
Save your money on the attorney. The auction companies have just about everything covered with disclaimers. Its not like you where not in attendance of the auction. You had ample time to inspect the machine but chose not to because of the weather.
Just for the heck of it. I'll ask an attorney friend of mine what your recourse might be, if you have any that is. He actually worked for Richie Bros. for about a year.
Redlevel,
I posted asking if anyone would accompany me. Apparently no one could/would.
I borrowed (or rented actually) that exact same model tractor from Sdailey. It was the first tractor I ever really got to use for more than a 5 minute test drive and probably only the 2nd or 3rd I ever had my rump in. But, based on those hours using his on my place, I knew it would suffice for my needs. (His was GST but I was more concerned about the size/maneuverability etc.)
So, when I saw the exact same model AND with HST (so my wife could potentially drive it) that was exactly what I wanted. So I took the day off work and made the drive down there to go bid on it. Someone from that other site you and I frequent suggested them to me.
When I said I paid 'top dollar' I meant MY top dollar for what I thought a 15 hour tractor of that model, HST with FEL and warranty was worth around here. $15k. (New dealers quoted $18-21). The price difference I was quoted on an HST to DT was $1,000 to $1,250. I would NOT have paid $15k for it but would have given $14k. In actuality I wouldn't even have gone had I known it was a DT but knowing that after the fact I would have assumed $14 to be MY value placed on it given the quoted price difference on transmissions. I even told the guy I'd be open to ANYTHING to make the deal fair if he couldn't reimburse me the difference. I don't have any implements for example. I'm sure he can get what would be worth $1,000 to me for MUCH less. But apparently they weren't interested in doing anything, at all.
Now I guess I need to figure out if the warranty is actually still in effect, since again, it's what they posted....
Dirtworks, to be clear, I did look at it (in the rain). What I meant when I said "inspection was not practical" was I did not attempt to drive it around due to the weather especially since I knew they would drive it to the auction block so I'd know it at least worked (and again warranty). Again, all I knew to verify was the model# and the hours (and of course the fact it appeared like new and had a FEL on it).
Lest anyone misunderstand what I'm saying, I completely understand 99.9% of the people here would not have made the same mistake due to their knowledge level (and I'm sure would have insisted the auctioneer inform everyone of their false advertising before starting the bidding
). But AGAIN, I'm simply posting this to say if you choose to use them (or perhaps any auction house?) do NOT take even the most basic of information as fact, just because they have it clearly spelled out and in multiple places. It means..... well, nothing apparently.
And dirtworks, thanks. Sure I'd be interested in what he says and appreciate you taking the time. I'll ask a few as well. If I hadn't literally just had to buy my wife a new car (yesterday actually) I'd spend another thousand just to prove a point.
Again, I suspect I know what they are legally required to do (or rather not do). But if we all did just that, it would be next to impossible to conduct business of any kind. Occasionally you expect businesses to do something because it's RIGHT not because the law and/or a judge is breathing down their necks to make them act right. But I guess that's just me and the way I was raised.
That's part of the reason we have too many laws right now! People simply don't do the right thing.
They received undue compensation for a falsely advertised product. I would have simply expected them to make the deal equitable. That's all. Obviously too much to ask of a multibillion dollar international corporation (or maybe of anyone today?) in the name of good customer service.
I posted asking if anyone would accompany me. Apparently no one could/would.
I borrowed (or rented actually) that exact same model tractor from Sdailey. It was the first tractor I ever really got to use for more than a 5 minute test drive and probably only the 2nd or 3rd I ever had my rump in. But, based on those hours using his on my place, I knew it would suffice for my needs. (His was GST but I was more concerned about the size/maneuverability etc.)
So, when I saw the exact same model AND with HST (so my wife could potentially drive it) that was exactly what I wanted. So I took the day off work and made the drive down there to go bid on it. Someone from that other site you and I frequent suggested them to me.
When I said I paid 'top dollar' I meant MY top dollar for what I thought a 15 hour tractor of that model, HST with FEL and warranty was worth around here. $15k. (New dealers quoted $18-21). The price difference I was quoted on an HST to DT was $1,000 to $1,250. I would NOT have paid $15k for it but would have given $14k. In actuality I wouldn't even have gone had I known it was a DT but knowing that after the fact I would have assumed $14 to be MY value placed on it given the quoted price difference on transmissions. I even told the guy I'd be open to ANYTHING to make the deal fair if he couldn't reimburse me the difference. I don't have any implements for example. I'm sure he can get what would be worth $1,000 to me for MUCH less. But apparently they weren't interested in doing anything, at all.
Now I guess I need to figure out if the warranty is actually still in effect, since again, it's what they posted....
Dirtworks, to be clear, I did look at it (in the rain). What I meant when I said "inspection was not practical" was I did not attempt to drive it around due to the weather especially since I knew they would drive it to the auction block so I'd know it at least worked (and again warranty). Again, all I knew to verify was the model# and the hours (and of course the fact it appeared like new and had a FEL on it).
Lest anyone misunderstand what I'm saying, I completely understand 99.9% of the people here would not have made the same mistake due to their knowledge level (and I'm sure would have insisted the auctioneer inform everyone of their false advertising before starting the bidding
). But AGAIN, I'm simply posting this to say if you choose to use them (or perhaps any auction house?) do NOT take even the most basic of information as fact, just because they have it clearly spelled out and in multiple places. It means..... well, nothing apparently. And dirtworks, thanks. Sure I'd be interested in what he says and appreciate you taking the time. I'll ask a few as well. If I hadn't literally just had to buy my wife a new car (yesterday actually) I'd spend another thousand just to prove a point.
Again, I suspect I know what they are legally required to do (or rather not do). But if we all did just that, it would be next to impossible to conduct business of any kind. Occasionally you expect businesses to do something because it's RIGHT not because the law and/or a judge is breathing down their necks to make them act right. But I guess that's just me and the way I was raised.
That's part of the reason we have too many laws right now! People simply don't do the right thing.
They received undue compensation for a falsely advertised product. I would have simply expected them to make the deal equitable. That's all. Obviously too much to ask of a multibillion dollar international corporation (or maybe of anyone today?) in the name of good customer service.
redlevel
Gold Member
Geaux, it sounds like you really didn't get hurt all that badly, especially if the warranty is indeed transferable. I realize you wanted (expected) to have HST and that is a disappointment. I agree with you that more people, corporations, etc. should "do the right thing" without being threatened with litigation.
I don't have any idea what those tractors sell for "new in the box", but I would bet that you can use the tractor three or four years, maybe put 500-600 hours on it, and get within $1200-$1500 of what you paid for it. In my experience, good operating used farm tractors are one thing you can pay "too much" for and not get hurt.
Lest I sounded too smug in my posts about buying at auction, if it makes you feel better (I know it doesn't), I have been taken to the cleaners on several occasions myself. Never on a tractor, but once on an airplane (long ago, far away in another life), and probably a dozen times on cars. I got took so bad on a car one time I had to hitch-hike back to Butler from the car auction in Columbus when I finally got out from under it. I didn't have the price of a bag of Krystals (I do love those little gut-bombs) in my pocket when that deal was over. So I ain't so smart myself.
Good luck with the tractor. I bet you'll enjoy it.
I don't have any idea what those tractors sell for "new in the box", but I would bet that you can use the tractor three or four years, maybe put 500-600 hours on it, and get within $1200-$1500 of what you paid for it. In my experience, good operating used farm tractors are one thing you can pay "too much" for and not get hurt.
Lest I sounded too smug in my posts about buying at auction, if it makes you feel better (I know it doesn't), I have been taken to the cleaners on several occasions myself. Never on a tractor, but once on an airplane (long ago, far away in another life), and probably a dozen times on cars. I got took so bad on a car one time I had to hitch-hike back to Butler from the car auction in Columbus when I finally got out from under it. I didn't have the price of a bag of Krystals (I do love those little gut-bombs) in my pocket when that deal was over. So I ain't so smart myself.
Good luck with the tractor. I bet you'll enjoy it.
BTDT
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Don't know if you saw my post "Get your dealers attention", but maybe you could do something like that, go back to the auction (if nearby) and spread the word. I'm sure there are others there who would appreciate a heads up. Then again, they might just auction off your vehicle while your walking around. Turn them in to the BBB, might not do anything, but maybe you'll feel better for at least exposing them. Around here (North Texas), some of the news channels can help with consumer complaints, call your local channel and see if they are interested in exposing the rats.
dirtworksequip
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Geaux, at what point did you realize that it was not HST. After the hammer dropped you could have done a further inspection and then just walked away without paying. With a non paying bidder they would have just ran it thru the auction again or you could have brought the wrong description to their attention before paying and refused to pay. In both cases they would have just ran it again. You would have been happier and so would they.
The ironplanet.com has online equipment auctions. I've bought several pieces thru them. They advertise a guaranteed inspection "ironclad guarantee". Its worth absolutely nothing. They squirm and wiggle out of it if you have a problem with what they said it is in their inspection and what it actually is. The problem with todays society is there is just no accountability.
Sincerely,
Dirt
The ironplanet.com has online equipment auctions. I've bought several pieces thru them. They advertise a guaranteed inspection "ironclad guarantee". Its worth absolutely nothing. They squirm and wiggle out of it if you have a problem with what they said it is in their inspection and what it actually is. The problem with todays society is there is just no accountability.
Sincerely,
Dirt
Dirt, not until it was dropped off at my place (100 miles away) and I used it.
Red, at the end of the day, that's what I'm hoping. That' it's not the worse deal in the world but again, not what I would have bought and certainly not what I would have paid but never-the-less, like I said, another of life's tuition payment and hopefully somebody else can benefit as well.
Yep.dirtworksequip said:
Red, at the end of the day, that's what I'm hoping. That' it's not the worse deal in the world but again, not what I would have bought and certainly not what I would have paid but never-the-less, like I said, another of life's tuition payment and hopefully somebody else can benefit as well.
Oleozz
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To me it's plain and simple, you expected a hydro because that's what the description said it was. You took their word as the truth, I can see no fault in anything that you did. You have been extremely honest stating that you have no tractor experience. Who knows, you might start using the manual and like it but I guess that's beside the point.