Just arrived and hour meter is broken

[rockinbbar]

We don’t know if the dealer advertised the tractor had 1500 or what ever hours. The dealer probably said the hour meter on the tractor shows 1500 hours.

The OP said the dealer stated the hours on the tractor over the phone, in an e-mail, and in an ad.

After recently buying 2 new tractors and trading in 2 on the new ones, my contracts have the hours on all tractors in the transactions.

I would consider the hours on a tractor as an important part of the buying decision. And any contracts or ads stating something that upon discovery is false, grounds to at the very least null and void the sale.

But the OP said he'd contact the dealership tomorrow to discuss it. Which is the right thing to do first. Give the dealer a chance to make things right, or find out about the problem. Then decide if you are happy with the deal or not.

 

[chim]

A cooperative dealer can at least tell you what hours showed when/if the tractor was serviced at a K dealership in its history.

 

[Fuddyduddy1952]

Me...I'd be thinking about what if the dealer calls tomorrow saying the hour meter worked when it left here.
Or what if he says what will it take for you to be happy?
What does the sales receipt say...probably sold as-is, no warranty.
Tomorrow Monday would be the day to decide, 3 day grace period.
How was it paid for?
A lot to think about, but tomorrow is the day.

 

[ROUSTABOUT]

The tractor was advertised as a 1500 hour tractor. It was bought as a 1500 hour tractor. And a 1500 hour tractor should be what he got.

It was the dealer that advertised it as such.

They should stand behind that.

Not sure why you are so ready to tell the buyer to get let it go unchallenged? Perhaps because it's not your money invested?

So, can he prove the hour meter was was broken upon initial receipt of advertised picture? Not, I don't think so. Can he prove it broke during shipment? No, I don't think so. Where is this "so called" court case all the uproar is about?

So we CAN say the tractor has 1500 hours, but we can't say it is ONLY 1500 hours. It was advertised as a 1500 hour machine, correct? Where is the fraud?

So then the buyer initiates his lawsuit claiming fraudulent BS. If there aren't any cases where the dealer has an established pattern of those activities, dealer can then sue the buyer for many reasons.

This buyer is worried about his little po dunk tractor. Last lawsuit I saw of this nature, in my small 10,000 person town, the countersuit was 8 million, and they won the 8 million. Gave lawyer half and toted four million to the house.

That old boy could end up buying himself a good lesson. Bought lessons are the ones best learned. Sad I have to explain so much. Public education isn't what it used to be.

They'll wipe him out. He'll have to hitch hike his way to Commiefornia because the climate is better for sleeping outdoors.

 

[Fuddyduddy1952]

???

 

[ROUSTABOUT]

The tractor was advertised as a 1500 hour tractor. It was bought as a 1500 hour tractor. And a 1500 hour tractor should be what he got.

It was the dealer that advertised it as such.

They should stand behind that.

Not sure why you are so ready to tell the buyer to get let it go unchallenged? Perhaps because it's not your money invested?

It's not about whether I'm invested or not. I don't give a flying flip one way or the other. In fact, I wash my hands of this endeavor right now.

 

[Rustyiron]

I could easily see where this machine was traded, whatever 'once over' they did for check of function didn't set off any alarms and they recorded the hour meter and hoped off.
Weather this is their story or not, it's certainly well within reason to envision this exact scenario happening.
Besides the inoperable hr meter, are there other problems or reasons to believe that it's got higher hours? I can understand that it's easy to let your imagination run right away to the worst conclusion. This is also easy to imagine that the guy that traded it was aware and intentionally didn't inform the dealership.
Heck it sounds like it took you 2 hours to notice this. The dealer himself may not have even sat in the seat and the few moves around the dealership (wash, oil change? air in the tires, etc) may have been done by different employees.
I sympathize with the situation but I wouldn't hold my breath for a warm fuzzy feeling. Fix this and move on unless the dealer can find you some service records where the hours are noted.

 

[4570Man]

Theres lemon laws and false advertising laws the consumer affairs dept handles. They have the the power of court behind them. I'm going to see what the place says Monday, then start talking to the agencies/lawyer in their area. $30k is not a small sum to be duped out of.

Lemon law only applies to new products. The tractor isn’t actually broken so it’s not a lemon anyway. False advertising would be a big stretch. Especially if it was advertised what the meter reads which they usually are. I doubt dealer even knew it was broken. It took you 2 hours to realize and the dealer probably didn’t run it more than it took to load and unload it. It’s going to be hard to convince a court you were duped considering the tractor isn’t broken. What resolution are you hoping for? If I was the dealer I’d offer to buy it back for the same price minus transportation cost.

 

[4570Man]

The tractor was advertised as a 1500 hour tractor. It was bought as a 1500 hour tractor. And a 1500 hour tractor should be what he got.

It was the dealer that advertised it as such.

They should stand behind that.

Not sure why you are so ready to tell the buyer to get let it go unchallenged? Perhaps because it's not your money invested?

For starters we don’t actually know what the dealer advertised. He probably said what the meter reads not claiming the tractor absolutely has 1500 hours. It’s pretty common knowledge that hour meters break and that’s not an absolute reading. Second we don’t know the tractor doesn’t have 1500 hours. Can you prove the meter didn’t work until exactly when the op got the tractor and now it has 1502 hours? I’m not saying that’s a super likely possibility but courts work based on what you can prove. And it’s the weekend and the dealer is probably closed. It’s way too early to start talking to lawyers.

 

[ROUSTABOUT]

Lemon law only applies to new products. The tractor isn’t actually broken so it’s not a lemon anyway. False advertising would be a big stretch. Especially if it was advertised what the meter reads which they usually are. I doubt dealer even knew it was broken. It took you 2 hours to realize and the dealer probably didn’t run it more than it took to load and unload it. It’s going to be hard to convince a court you were duped considering the tractor isn’t broken. What resolution are you hoping for? If I was the deal I’d offer to buy it back for the same price minus transportation cost.

They've already got to him anyway. Ours has 500 hours and offered 26 for it. So to pay 30, and transport on a 1500 hour machine....