Got my Tractor, hydrolic line busted after 4 hours use

[eastexan]

Different versions or not, if it is as the buyer said, then the seller misrepresented the tractor as being 10 years newer than what it really was.

We are missing some details about the transaction, but if it were similar to my experiences then the buyer has a legitimate complaint.
The banker has a tractor value book that they use to base the amount that they will finance. They go by what the papers say that was obtained from the seller stating the amount, year, etc..
If the papers say it's a 1976, when actually it's found out through the serial number that it's in fact a 1966, then that's a misrepresentation of the tractor's value.

If the seller unknowingly did this, then this is his chance to make things right.

 

[Soundguy]

Seems this discussion has run it's course and it's apparent the Dealer and Buyer have different versions...

...

Buyer believes the product was misrepresented

Seller believes it is case of Buyer's remorse... ...

uh.. except that IF it was sold as a 65.. then it WAS misrepresented...

stampings on the bellhousing don't lie... sellers might though

IMHO.. it's very possible the seller was just as unaware of the age, due to not knowing how / where / what to do to date the tractor.

Not that that excuses the seller... it's his JOB/Business to sell equipment.. thus he should take the time to be knowledgeable in it.. or research it.. or sell it as a date range machine.. ie.. 65-75 based on model.

mind you 5 minutes of research ont he sellers part would have led him to a veritable handfull of sites that would have told him exactly what he needed to know to describe the machine correctly.


all that said.. ball's in the bank, sellers, leagal teams court now, if the seller wants to pursue that avenue.

if the seller goes to small claims court.. I don't doubt that it will be a black / white issue of the date.. IE.. it's easy to prove what date it is, and what it was sold as. whether that makes a judge think it's worth doing anythig about is anybodies guess...

soundguy

 

[Soundguy]

If the seller unknowingly did this, then this is his chance to make things right.

yep.

not sure what the bank difference in financing value would be.. though value on a 66 vs a 75 5000 won't be too far off. perhaps something the seller can offset.. perhaps that clutch repair I'm thinking would be a nice trade out.... value for dollar.. etc.

soundguy

 

[jake98]

I wouldn't be surprised if a 66 was a better machine.

 

[Soundguy]

I wouldn't be surprised if a 66 was a better machine.

?? do you know anything about this model old ford? or were you just throwing that comment in to muddy the waters / stir the pot.??

66 beter than 75???? HArdly.?!?!?! for one.. look at the parts being 10ys newer on the later model. all other things being equal.. that has to count for something.. then you look at the mid model upgrades and changes....

early had worse steering.. and weird screw in core plugs.

I'll take the later power steering setup AND the late 256 diesel ANY day over the earlier 233 engine and early power steering setup...

soundguy

 

[ultrarunner]

uh.. except that IF it was sold as a 65.. then it WAS misrepresented...

stampings on the bellhousing don't lie... sellers might though

IMHO.. it's very possible the seller was just as unaware of the age, due to not knowing how / where / what to do to date the tractor.

Not that that excuses the seller... it's his JOB/Business to sell equipment.. thus he should take the time to be knowledgeable in it.. or research it.. or sell it as a date range machine.. ie.. 65-75 based on model.

mind you 5 minutes of research ont he sellers part would have led him to a veritable handfull of sites that would have told him exactly what he needed to know to describe the machine correctly.


all that said.. ball's in the bank, sellers, leagal teams court now, if the seller wants to pursue that avenue.

if the seller goes to small claims court.. I don't doubt that it will be a black / white issue of the date.. IE.. it's easy to prove what date it is, and what it was sold as. whether that makes a judge think it's worth doing anythig about is anybodies guess...

soundguy

I specifically raised the question of model year being off by 10 years... seller said this is not the case and is aware buyer not in agreement...

A material misrepresentation of fact is pretty much black and white in the arbitration cases I've been party to.

Gave it a shot... sometimes an outside party can bring a different perspective... apparently not in this case.

 

[Soundguy]

I specifically raised the question of model year being off by 10 years... seller said this is not the case

is he aware that the material facts DISAGREE with what he THINKS, since the numbers provided on the tractors bellhousing EXACTLY date the machine. SN agrees with model ID AND date ode.

it's not a fuzzy issue here....

If I was in this situation as a party, and knew what I know about fords, and there were legal avenues possible as a remedy....... I'd go for the throat as a fraud case. Like I said before.. the numbers don't lie.. but sellers do sometimes..

soundguy

 

[Soundguy]

to put it a different way.

how does the sell explain that he has sold it as a mid 70's model, yet the date code, and model ID ( don't even look at the SN ) preclude this as a possibility? it's not like it's dating a old piece of pottery where you can be off a few hundred years and get points for being close..

i'd like to read his response to disagreeing with the facts...

soundguy

 

[Don87]

to put it a different way.

how does the sell explain that he has sold it as a mid 70's model, yet the date code, and model ID ( don't even look at the SN ) preclude this as a possibility? it's not like it's dating a old piece of pottery where you can be off a few hundred years and get points for being close..

i'd like to read his response to disagreeing with the facts...

soundguy

I agree.

This has fraud written all over it............not to mention that the dollar value is well above small claims court.

EDIT: Ultrarunner, if you call that dealer again..........be sure that you let them know that the dollar value is into 'felony' territory and carries severe penalties.

 

[Soundguy]

total dollar vaule.. yes. difference in 66 to 75 maybe not though. though we.. or I don't know all the particulars of pricing and the financing.. etc.

i'd guess that small claims may be up to a few thousand bucks.. and that should be the difference needed, easilly to cover a difference in value.


IMHO.. the seller could make a 'save face' out of this , in my book, by fixing the clutch issue. he'd likely come out ahead doing it at his own cost.. ie.. his own parts and labor.. vs just paying out of pocket because he's not wanting to admit he can't read / decipher a date code or model ID ???

soundguy