suppose i sell my rops

   / suppose i sell my rops #32  
So if you removed the breaks from the car and said "sold as is" and the person died in a crash leaving your driveway, you would have no liability..... Really?

You are correct. That is what "as is" means, no guarantees.
 
   / suppose i sell my rops #33  
You are correct. That is what "as is" means, no guarantees.

I think 'as is' may not absolve someone in all cases. People expect 'as is' to mean there is or could be some problems, sure. But I think it would be more sensible to state 'ROPS safety equipment removed' in this case. Why beat around the bush with 'as is'?; spit it out. Declare the exact known defect(s) and get a signature saying the buyer is aware of that.

Everyone knows a car has brakes, not everyone knows what a ROP is or its purpose.

I would keep the ROPS even though mine is probably rusted into the folded down position. :D
 
   / suppose i sell my rops #34  
For those of you that are certain that you'd be in the right, have you considered that you don't have to be wrong to be sued? And even if you're in the right, you can still spend many thousands of dollars to get confirmation of that in court.
 
   / suppose i sell my rops #35  
How could anyone buy or sell anything? My goodness there is just too much liability/danger associated with buying/selling.

Heheheheheh.... I knew the "Safety Police" would be all over this one........ :D
 
   / suppose i sell my rops #36  
I hope he has done all other maintenance with the machine too. Like checking wheel bolt torque. Cause god forbid a year later if it falls off the new owner can sue him. Even though he did nothing wrong. As you guys say, you don't have to do any thing wrong to have to spend thousands defending yourself.

Actually best to just keep the tractor, never sell anything, and insert yourself into a bubble and never come out.
 
   / suppose i sell my rops #37  
Kubota like other manufacturers has a program to sell ROPS at or below cost... a buddy decided to get one for his older tractor and it was less than $200 at the time.

I would keep it... never know.

As to the As-Is... I have bought and sold a lot of cars As-Is... most had to be winched onto the trailer or towed.

Actually bought a 1950 Crosley Convertible and the owner said it needed brake work... about the only thing brake wise that kind of worked was the parking brake... when I pulled the front drums I found someone had removed the brake shoes!!!... so I guess the seller was correct when he told me it needed brake work.

In my State, a Dealer is required to perform a brake inspection and make necessary repairs... no such requirement on private sellers... someone I know tried to sue a seller because the car broke down and the emergency flashers didn't work and flasher itself was missing... Judge told the person they should have bought new if they wanted a warranty.
 
   / suppose i sell my rops #38  
NY_Yankees_Fan said:
ONLY when you remove manufactured installed safety equipment.

Is it illegal to remove rops or sell a tractor originally equipped with it but removed?
 
   / suppose i sell my rops #39  
Is it illegal to remove rops or sell a tractor originally equipped with it but removed?

Nope, legal and liability are apples and oranges. As I have said and others defending yourself in court can be very expensive. Lawyers will file a suit if they see $$$, and will try to get into as many pockets as they can. So if you have no assets, no $$$ in the bank, you have nothing to worry about. If you do I hope you have adequate liability coverage as well as a $1-2 million umbrella policy.
 
   / suppose i sell my rops #40  
So if you removed the breaks from the car and said "sold as is" and the person died in a crash leaving your driveway, you would have no liability..... Really?

Really.

As long as it's disclosed. (remember, we aren't talking about purposely killing someone here).

How do you even leave your house in the morning? I mean really man, it's a bit "extreme". Sure people can be sued for things, it happens every day, but to constantly scrutinize every situation and be afraid of the "possibility" that something "could" happen...... It's a bit much.


Typical yankees fan....
 

Tractor & Equipment Auctions

2009 Honda Odyssey Van (A55758)
2009 Honda Odyssey...
2014 MultiQuip WhisperWatt 40kW Three-Phase Diesel Generator (A55973)
2014 MultiQuip...
PENDING SELLER CONFIRMATION  READ BEFORE BIDDING (A56435)
PENDING SELLER...
2020 MACK GRANITE (A58214)
2020 MACK GRANITE...
2021 VOLVO VNL740 TANDEM AXLE MID ROOF SLEEPER TRUCK (A57880)
2021 VOLVO VNL740...
Toro Zero Turn Lawn Mower (A56857)
Toro Zero Turn...
 
Top