What do I do with this 8 month old John Deere tractor and loader

[two_bit_score]

To the OP, good luck on resolution of your issues. Please update us on the outcome.

 

[paulfun9]

Don稚 get the red azzz just because you wound up with a Kubota knock off. Every manufacturer winds up with some goof ups. And there are always two sides to every story.

He has a problem and a process for it to be remedied. It could go either way. But your comment doesn稚 help and just seems petty.

I owned Deere long before I ever purchased Kubota or Kioti! Can assure one thing I won稚 ever go back to green! They gave me many more reasons than this to spend my money elsewhere over the years and by the way my so called knock off has been a better experience so far than my ownership of kubota. Don稚 get me wrong with that I would still recommend people look at kubota but wouldn稚 recommend they look at Deere when they are shopping.

 

[two_bit_score]

I owned Deere long before I ever purchased Kubota or Kioti! Can assure one thing I won稚 ever go back to green! They gave me many more reasons than this to spend my money elsewhere over the years and by the way my so called knock off has been a better experience so far than my ownership of kubota. Don稚 get me wrong with that I would still recommend people look at kubota but wouldn稚 recommend they look at Deere when they are shopping.

Okay, lol.


.

 

[Diggin It]

The whole 'right to repair' thing and the special parts, unique part numbers things are a big part of why I didn't go green. Then you get into these warranty disputes. This should be a done deal with one phone call and inspection ... 'we'll be right there to pick it up and repaint it.' They've just gotten too big fer' their britches. Same for orange, both of them.

 

[chim]

First of all, this is NOT an orange /green statement. It is a comparison of the difference in appearance of damaged areas with regard to either prep before painting or exposure to something that accelerates corrosion.

I have a few spots on my Kubota that have been chipped from chain tie downs, etc. The difference between the OP's pictures and my chips are the corrosion. On mine, there is either clean metal or primer visible. The exposed spots on the JD look like something recovered from the Titanic.

 

[fried1765]

Even in Texas it is much easier than you describe. I got a default judgement against a large insurance company once and filed a lien on their main office in Dallas. They paid. My wife got a default against an adjoining property owner when he failed to respond to her lawsuit when a dead tree on his property damaged her fence. She had noticed him over a year before the damage that the tree was dead. She also advised his insurance agent that she had filed suit after several requests for payment. Their silence was gold for her. She perfected the judgement and filed her lien. She collected when he sold some property. Collected interest that had accrued for almost 10 years. Also collected a money judgement rendered after trial against some tenants. They ignored it for over ten years and the judgement was renewed so the paid some substantial interest. That is not all but it is enough examples to make my point.

I have also helped attorneys defend small claim court cases so a default is absolutely not a given in most cases. People can and do collect on small claim court judgements in Texas.But, when the defense shows up they are prepared.

He should get his paint fixed and he should go through the proper notices beforehand, during and after to be reimbursed. If not successful he should prepare a small claims suit. Itç—´ not always easy as just stating that he wants money. File the suit. They may offer to pay at least something at that point.

If not, go to trial. He will probably lose if they present a defense but he might win. Then he can come back and tell us how he did it.

EXCELLENT POST !!
Thank you, for describing EXACTLY how it can/should done!
It seems that many may be just too weak, or lazy, to follow through on similar issues.

 

[Ortimber]

EXCELLENT POST !!
Thank you, for describing EXACTLY how it can/should done!
It seems that many may be just too weak, or lazy, to follow through on similar issues.

We all pick our battles and escalate things in different ways.

 

[ultrarunner]

No attorney is required in small claims court.
Usual state maximum award is $5k, which certainly should cover the cost to refinish a loader.
If Dealer or JD fails to pay, they will be in contempt of court, and will face other penalties, which certainly should include attorney fees if you do actually incur any.

The surrender theory is not something that I am familiar with.

Remember an interesting case where customer awarded a several hundred dollars judgement and Wells Fargo refused to pay... that is untill he showed up with Sheriff to impound the iconic Wells Fargo stage coach on display in LA corp headquarters... Executives started emptying their wallets of cash to satisfy...

 

[TractorGuy]

I wouldn't go the lawsuit route until I had extinguished all other avenues. I would escalate at the dealer level until I couldn't go any higher then call Deere direct. I would be firm at every step and let them know I was willing to take it to court if need be but you shouldn't have to.

 

[fried1765]

I wouldn't go the lawsuit route until I had extinguished all other avenues. I would escalate at the dealer level until I couldn't go any higher then call Deere direct. I would be firm at every step and let them know I was willing to take it to court if need be but you shouldn't have to.

The small claims court filing fee is usually very minimal.
I would get a written dealer refusal, or recording face to face on your cell phone, and file now!
Any negotiations can come later.