Got my Tractor, hydrolic line busted after 4 hours use

[evo803]

I find it hard to believe people will (are) defend the seller in this instance.??

I am not defending the seller , I am blaming Ervin for being too lazy to find out exactly what he was buying.

The biggest unanswered question is " Why did he accept delivery and then use the tractor until he broke it when the delivery paperwork clearly showed it was a different model year ? "

 

[evo803]

heck.. if you print up a fake check and go defraud a bank with it.. YOU are the one going to jail. not the bank for not detecting the fraud... right?

soundguy

Correct , but if the bank teller took a shortcut and did not take the few seconds needed to verify the check , then the amount would not be covered by the banks insurance and the bank would lose the money.

 

[Sulla]

Not to play attorney...

Without a meeting of the minds there can be no contract... a ten year misrepresentation would support rescission of the contract in my non-legal opinion.

As with any issue... time is of the essence.

I'm not a lawyer but I have paid them enough to have become one ten times over. If the date of manufacture is misrepresented this is at least a case of misrepresentations or at worst fraud. Either way your get you money back or an adjustment in the purchase price. Do not wait you will loose your rights if you do not act in a timely fashion.

Call the AG's office to get it on record. Then tell the dealer what you want and let them know you notified the AG. They will most likely remedy the situation. If they don't you'll need a lawyer and and a lot of time.

Most importantly do not use, repair or alter the tractor in anyway.

Or

Just keep it and chock it up to experience. That's what most people do and the dealer knows this.

Good luck,

 

[Farmwithjunk]

That reads to be an honest mistake. I am surprised that you and the buyer couldn't reach an out of court agreement.

Buyer was "politically connected" and thought that was enough to get thousands in punitive damages. I offered to buy back the tractor and help him find another. He saw it as an opportunity to "get rich quick". Didn't work out quite like he intended, nor was it fair to me either. Now when I sell tractors, I offer no year unless there's accurate paper work with it , no background on who/where it came from, and EVERYTHING is "as is and where is".

There was an offer to settle out of court (on my part) ....He wanted me to hand over ANOTHER tractor, the money he paid for the first one, with him KEEPING the 175, and several thousand in cash as "damages".

Funny thing....I ended up selling the tractor for $1200 more than the first go-round. Got the biggest part of my money back.

 

[Farmwithjunk]

Much of the time, people will give others the benefit of the doubt on being honest. And that CAN be a good thing most times.

But....Far too often, people take advantage of the naive nature of those who pass through their business.

And then there's plain ol' simple mistakes.

Once money has changed hands, all bets are off.... No one wants to give back money they feel is now theirs.

Toss in the fact there's an argument between 2 individuals, one of which doesn't know tractors quite as well as a savvy buyer probably aught to. He's mad, and asking for answers, probably not asking in a very "informed" manner, which adds to the confusion.

It's EXTREMELY common, even at dealerships, for year of an older tractor to be confused. (as an example, local Case IH dealer [who SHOULD know better] has a "1972 IH 706" on his lot. 706's were built from 1964 until 1968....So this 706 couldn't possibly be a '72 model) Any savvy used tractor buyer would know you aren't buying a "year", you're buying CONDITION. Also, many dealers get trades and immediately shove 'em on the used lot without so much as a quick look. It's NOT a wide spread practice to shake 'em down before putting the for sale sign on 'em. I've been around tractors my whole life. I've bought and sold literally HUNDREDS of them. With that, I'd NEVER buy a tractor sight unseen. IMHO, THERE is where the problem originates....

During my years of trading tractors, I was what we like to call an "equipment jockey". Some would have called me a dealer. At any rate, I bought a few tractors to re-sell from private individuals. They were misrepresented in some cases. (One gave me a stack of receipts that told of an engine rebuild. Turns out that was on another tractor) Try from a dealers standpoint to retrieve monies from a private individual who puts the screws to a business.... Darn near impossible. (I tried legal action with the bogus receipts. Judge said I needed to be more careful NEXT time. I got NOTHING in a case of DELIBERATE misrepresentation)

Still....you SHOULD be able to trust the info a dealer gives you. They're supposed to be "the experts"....(I say, tongue in cheek...after meeting far too many dealers who know little about their product, just about FINANCING their products)

It is what it is.....

JMHO, this will eventually be settled in a civil court. To get it into criminal court would require proof of INTENT to defraud. That would be almost impossible to prove, and I don't see intent anyway, just a simple (but CORRECTABLE) mistake. I'm sure the buyer thinks he's 100% in the right. Dealer no doubt feels he is too....

 

[Soundguy]

Correct , but if the bank teller took a shortcut and did not take the few seconds needed to verify the check , then the amount would not be covered by the banks insurance and the bank would lose the money.

i' still not a fan of penalizing the victom.

you can go live in that kind of country.. not me.

the seller misrepresented.. that was the first issue here, and the one that will hold the most weight IMHO.

soundguy

 

[Ervin Smith]

Why didn't you figure out what it was before buying it ?

Why did you accept delivery ?

Why did you use it and break it ?

Why do you feel that it is someone else's fault that you did not find out what you were buying ?

I didn't figure it out before, because i was relying on the dealer to provide me with acurate informatioin. I trusted him, that he knew what he was selling since he was a tractor dealer in buiness for more than one generation.
I accepted delivery believing it would be the tractor as discribed by the seller
I use it, the hydraulic line broke, I have repaired it with a new line, I just can't get it to bleed out and work yet.
I feel it is the sellers responsibility as a tractor dealer, to know what he is selling, and I natrually assumed, he was a honest dealer, since his business has been around for many years. Two generations or longer.

 

[Ervin Smith]

I did question the year stated on the sales ad. For one thing, they were made between 1965 and 1975. He said it was a carry over from the last year made, and put on the market in 1976 model year. Ok, that seemed plausable

They he said her personally indentified the serial number, by visually inspecting it, then he checked against their records and check the code useing the computer to verifiy the code. whatever that means, it also sound plausalbe and it sounds to me, he really knew what he was talking about, and that me not knowing near as much as the buyer, and me not being a farmer or tractor dealer myself, just a person wanting a tractor as stated in the advertisement, So why would he be mistaken. So I took him for his word, since he visually verified it personally, cross checked it with his inventory list, and veryified by checking the numbers on a computer. I assumed he had a list of veryifying numbers online or on his computer to verify it was correct.

So I think I did my part, and that he was correct. Once again, I was assumeing he was honest reputable tractor dealer. So why would I not believe him.

The dealer insist he is correct and that he sold me a 1976 Ford 5000. He repeated his belief over and over, and insisted i do not knowhow to read the numbers. I took the numbers to the local New Holland/ ford dealer, they verified is it a 1966, made in Dec on the 13th. But you use the product code, and not the serial number. The serial number refers to differeent asspects of the tractor, and what it has as far as controls, type of PTO, type of transmission, etc.

 

[Ervin Smith]

The dealer insist as of our last conversation that you use the serial numbers to identiy the tractor. The serial number is C159450 He says I am mistaken, and that the 1 is actually a 4, which proves its a 1976. But this is not how you identify it, and changeing the 1 to a 4 does not prove its a 1976, when the product code proves its a 1966. 6M13. 1966, December, 13th day

 

[Ervin Smith]

The first set of numers are 5101 4C which is The 5 is for 5000, The next two number 10 is for agraculture, the next 1 stands for Diesel, the 4 stands for indepentant 540, the C stand for 8-speed

If a person who knows nothing about a tracter like me can find out what the codes are, why can't a tractor professional dealer find them out.