Problems with salvage tractor. Advice needed.

[WM75Guy]

This is what I take on this. KTAC paid out for a total loss for some reason, that would give KTAC possession of the tractor. It was sent to auction to reclaim some money. Auctions are "As Is, Where Is", which means it is sold in is present state with no guarantee and usually not a lot of information. Same thing is done with totaled vehicles all the time, but you have to apply for a salvage title, which should throw up red flags. Tractors don't have titles. A dealer bought it and then resold it. My questions are: did the dealer make any repairs after buying it at auction and prior to selling the tractor, if so what was done, did the OP test drive the tractor before purchase, how long after the sale was the problem noticed and was there any warranty from the dealer?

 

[Tkekic]

Hear is an AI response to the question - does an Equpment dealer need to disclose a tractor is a salvage unit in Ohio

Yes, in Ohio, an equipment dealer is legally required to disclose in writing if a tractor is a "rebuilt salvage" vehicle to the retail purchaser before the purchase agreement is executed.
This disclosure is crucial for consumer protection and helps ensure buyers are aware of the vehicle's history.
Here's why this is important

• Consumer Sales Practices Act (CSPA) violation: Failing to disclose that a vehicle is a rebuilt salvage can be considered a violation of the CSPA, which could allow the purchaser to demand rescission of the purchase.
• Specific Disclosure Form: Ohio law mandates the use of a specific disclosure form. This form must include details such as the vehicle information (year, make, model, VIN), a notice that the vehicle has a "rebuilt salvage" title brand, and an explanation that the vehicle was once salvaged but has been restored and inspected by the Ohio State Highway Patrol, The customer must read and sign this form before signing the purchase documents.
• Title Defect Recission Fund: The Title Defect Recission Fund in Ohio provides refunds to purchasers in cases where a vehicle's certificate of title indicates it's a rebuilt salvage vehicle and this fact wasn't disclosed in writing to the consumer.

In essence, honesty and transparency are essential when selling rebuilt salvage tractors in Ohio. Dealers must provide clear and timely written disclosures to protect both themselves and their customers.

Thanks. But then dealer is in PAQ

 

[Tkekic]

Maybe I’m reading the OP wrong. I get the idea he bought the tractor from a dealer that had bought it at an auction.

Do not know where the dealer got the used tractor. Perhaps at auction. The unit was declared a total loss by Kubota. Then it went to auction as a donation. This was never disclosed to me.

 

[Tkekic]

Hear is an AI response to the question - does an Equpment dealer need to disclose a tractor is a salvage unit in Ohio

Yes, in Ohio, an equipment dealer is legally required to disclose in writing if a tractor is a "rebuilt salvage" vehicle to the retail purchaser before the purchase agreement is executed.
This disclosure is crucial for consumer protection and helps ensure buyers are aware of the vehicle's history.
Here's why this is important

• Consumer Sales Practices Act (CSPA) violation: Failing to disclose that a vehicle is a rebuilt salvage can be considered a violation of the CSPA, which could allow the purchaser to demand rescission of the purchase.
• Specific Disclosure Form: Ohio law mandates the use of a specific disclosure form. This form must include details such as the vehicle information (year, make, model, VIN), a notice that the vehicle has a "rebuilt salvage" title brand, and an explanation that the vehicle was once salvaged but has been restored and inspected by the Ohio State Highway Patrol, The customer must read and sign this form before signing the purchase documents.
• Title Defect Recission Fund: The Title Defect Recission Fund in Ohio provides refunds to purchasers in cases where a vehicle's certificate of title indicates it's a rebuilt salvage vehicle and this fact wasn't disclosed in writing to the consumer.

In essence, honesty and transparency are essential when selling rebuilt salvage tractors in Ohio. Dealers must provide clear and timely written disclosures to protect both themselves and their customers.

Tractor purchased from dealer in PA. Was not a Kubota dealer

 

[Little Red Tractor]

This question is best asked of an attorney in the state of purchase. It might be worth the cost of a consultation.
I would also check with whatever passes for a Better Business Bureau in the dealer's community. That would give a good idea of whether the dealer has any ethics at all.

 

[Fields_mj]

Agreed. Best bet is to ask a lawyer from PA. At the very least I would report it to the BBB. I'd also try to reach out to what ever brand the dealer actually reps for, and see what you can do about them loosing their dealership license. Legal or not, selling a machine that the OEM has written off without FULL disclosure is wrong. Nobody willing to do that should remain in business. When you buy from some private owner, there's always a risk that the guy is a liar and/or a thief. When you buy from a dealership, even when buying a different brand, you should be able to expect some level of credibility. If possible, I'd be willing to go so far as to sue the dealership in small claims court, even if I thought I'd loose. At least then it would be a mater of public record that they got sued for being crooked.

 

[walnutman]

Dealer knew. Even if the documents say as is, I believe intent to be fraudulent is your win.

 

[moparrob]

Dealership should make it right, but might be hard to force them to. Used car dealerships buy cars from auction all the time. Looks good, starts and sounds good YUUUP!!! I dont think theres an expectation that the bidder check the serial number from the manufacturer to see how it got to auction. I wouldnt touch an emissions controlled tractor with a 10' pole, so I couldnt say how obvious the problems would have been to the dealer. How did the OP find them?

 

[Merck]

2020 Kubota MX5400 550 hrs. I have a $10,000 repair on it. Turbo bearing failed spraying oil into the EGR system destroying both. Here is the question. Turns out that Kubota declared the unit a total loss because of an apparent insurance claim. Records from Kubota say that the unit was donated to an auction after it was scrapped. The dealer I purchased the unit never indicated that there was a problem with the tractor. I paid what seemed to be reasonable market value. Seems to me that I should have been told that the unit had been scrapped. Doubt very much that I would gone ahead with the deal. Did the dealer commit some sort of fraud? Is there a requirement that the seller has to declare that the unit has been scrapped? Do I have any recourse legal or civil in this matter. Welcome input from any source. I really am at a loss as what to do. Never had anything like this happen to me before.

Motor vehicles have to declare salvage on the titles. Tractors don't have such. I would consult with an attorney and see what they have to say.

 

[joea99]

Hear is an AI response to the question - does an Equpment dealer need to disclose a tractor is a salvage unit in Ohio

Yes, in Ohio, an equipment dealer is legally required to disclose in writing if a tractor is a "rebuilt salvage" vehicle to the retail purchaser before the purchase agreement is executed.
This disclosure is crucial for consumer protection and helps ensure buyers are aware of the vehicle's history.
Here's why this is important

• Consumer Sales Practices Act (CSPA) violation: Failing to disclose that a vehicle is a rebuilt salvage can be considered a violation of the CSPA, which could allow the purchaser to demand rescission of the purchase.
• Specific Disclosure Form: Ohio law mandates the use of a specific disclosure form. This form must include details such as the vehicle information (year, make, model, VIN), a notice that the vehicle has a "rebuilt salvage" title brand, and an explanation that the vehicle was once salvaged but has been restored and inspected by the Ohio State Highway Patrol, The customer must read and sign this form before signing the purchase documents.
• Title Defect Recission Fund: The Title Defect Recission Fund in Ohio provides refunds to purchasers in cases where a vehicle's certificate of title indicates it's a rebuilt salvage vehicle and this fact wasn't disclosed in writing to the consumer.

In essence, honesty and transparency are essential when selling rebuilt salvage tractors in Ohio. Dealers must provide clear and timely written disclosures to protect both themselves and their customers.

Be aware the AI is Notorious for "Hallucinating", that is "making **** up", based upon nothing. Several Lawyers have been cited by courts for presenting AI created information that cited non existent decisions and precedents.

Yeah "I" think your have a case, but, I'd consult a Lawyer in the field, most will give you a "free hour" (or less) for a brief consultation.