Should I say something

   / Should I say something #1  

therrien

Silver Member
Joined
Oct 23, 2001
Messages
154
Location
Salem New Hampshire
Tractor
Kubota B1700 TLB Now LX2610 ROPS
Back story- I recently sold a Kubota (model left out purposly) "as is for parts due to a concern for metal in the transmission". The machine was running well at the moment and looked great even after 22 years of owning it. I sold the machine to company that buys equipment services and resells. I recently saw my old machine being advertized by a local handyman renting the machine and himself out per hour. I felt like contacting him and letting him know there was an issue with metal in the transmission but have friends telling me to butt out. I hate seeing a hard working guy getting screwed. I can only imagine with the equipment shortage the price he could of paid for the machine may have been very high. I am not concerned if the person I sold it to made a great profit as long as they were honest or repaired the issues with the machine. With the market the way it is and the machine running, I could have sold it for more than I paid but I do have a conscience. I did not even want to trade it toward my new kubota so the dealer would not get burned down the line.

Should I inform the new owner of the tractors history or not?
 
   / Should I say something #3  
friends telling me to butt out.
X2. You have no idea what if any repair has been done, what he paid for it or what condition that it was sold as. From your post it sounds as though you bought and sold it based on another person's opinion...
 
   / Should I say something #4  
Unfortunately, it is a different world we live in today.....X3
 
   / Should I say something
  • Thread Starter
#7  
X2. You have no idea what if any repair has been done, what he paid for it or what condition that it was sold as. From your post it sounds as though you bought and sold it based on another person's opinion...
You are correct, I do not know if it was repaired or not. I did not buy it on anothers opinion. I bought the machine in 1999 and sold it just recently as is for parts for a good price while it was running because I did not want to put big money into the machine due to it's age, even though it was in excellent shape other than the metal in the transmission. I believe the metal was due to questionable work at a dealer. The only time I had someone else do work on the machine because I was just simply too busy. I was clear in saying that the machine needed attention, something was not right.
 
   / Should I say something
  • Thread Starter
#8  
That^

You're twice removed from the potential problem. If it was a safety issue that would be different.
I do appreciate all the replies. I just hate to see someone get taken IF they are not fully informed.
I hope the machine treats them well. I did my part being honest with the person I sold it to.
Thank you
 
   / Should I say something #9  
therrien - First, you're an honest guy and a straight shooter. I appreciate the kind of person you are.
2nd - You have enough money that you could take the loss of being honest, and you did and were.
3rd - The dealer could have sold the tractor after making repairs and made a reasonable profit. Or, the dealer could have sold the tractor without making repairs, and told the customer, and made a reasonable profit. Or the dealer could have sold the tractor without making repairs, and without telling the customer, and made an unreasonable profit. That's the bone that sticks in your (and my) craw.
You are whole (money wise) in this deal.
We know the dealer is whole (money wise).
It is that poor schmuck who bought the tractor who may, or may not, be whole. Of the three parties, he will be the least able to afford a loss. How do we know ? Anybody doing handyman services doesn't have any money - he's just living hand-to-mouth.
Call the handyman. Tell him you're happy to see your old tractor still hard at work, that it had been a good tractor for lots of years, you'd sold it for parts due to issues with metal filings in the transmission fluid, and you're glad it's been fixed or that he's going to fix it when the transmission goes bad. Maybe offer him your records file so he'll know when it next needs service, or so he can see that the tractor was well maintained. Be a friend, not a tattle-tale.
All I have prescribed is what you'd do if it were a friend who had purchased your old tractor. So make him a friend and you'll feel good about the whole situation.
 
   / Should I say something #10  
therrien, you did good by asking. It's not a black and white question, though. If the "handyman" has already purchased your old tractor, there's not much he can do, but personally, I'd inform him, just in case the tractor does crap out on him. On the other hand, it may continue to operate just fine for thousands of hours. Who knows where the metal particles came from, and if they indicate problems to come?
 
   / Should I say something #12  
I would just let it go, and not get involved. Why open a potential can of worms, when you don,t know what was said, or not said between the folks dealing with the tractor now. You did what was right, that,s all that should matter to you. Out of sight, should be out of mind.
 
   / Should I say something #13  
Back story- I recently sold a Kubota (model left out purposly) "as is for parts due to a concern for metal in the transmission". The machine was running well at the moment and looked great even after 22 years of owning it. I sold the machine to company that buys equipment services and resells. I recently saw my old machine being advertized by a local handyman renting the machine and himself out per hour. I felt like contacting him and letting him know there was an issue with metal in the transmission but have friends telling me to butt out. I hate seeing a hard working guy getting screwed. I can only imagine with the equipment shortage the price he could of paid for the machine may have been very high. I am not concerned if the person I sold it to made a great profit as long as they were honest or repaired the issues with the machine. With the market the way it is and the machine running, I could have sold it for more than I paid but I do have a conscience. I did not even want to trade it toward my new kubota so the dealer would not get burned down the line.

Should I inform the new owner of the tractors history or not?
You were honest to the person you sold it to. Your responsibilities and moral obligations were satisfied. Have some faith and hope that the person you sold it to did the right thing as well. ;)
 
   / Should I say something #14  
I would let it go. The law of unintended consequences will somehow get activated and both the current owner and the seller that bought it from you will wind up hating you. Then one day your daughter will get engaged and it will be something like the current owner or seller. Best leave these things alone because they will find some way to bite you.
 
   / Should I say something #15  
There is one other avenue for you. Stop by the dealership and ask them how they fixed the metal in the transmission? Think would be best to talk with the shop manager and ask him, you wonder what it took to fix it as that was the reason you sold it.

I admire your concern for the buyer and if you find out they did nothing it might help him to know for he might go back to the dealer and get some assurance if a repair is needed or such or may be told there was no issue or what ever. It is also possible you could tell him and cause him to worry about a potential issue and it never be one...I have seen people buy what the seller thought was a worn out car but they were happy with it and it last them years with no repairs.

But I would first see if the shop would tell me what they found. Also you could stop by when you see the guy with the tractor and tell him that was your tractor and ask him how he was enjoying it and so forth to see if you find what the dealership did or told him and go from there. I totally agree if safety issue no doubt you warn him and if the tractor had major transmission failure could it be a safety issue. Could be for think brakes could be an issue also then. Not sure.
 
   / Should I say something #16  
Let it go.
Don't go to the dealer.
Don't go to the guy that has it now.
You can only be responsible for your own actions, and you were.
All of your legal and moral responsibility stopped once you told the dealer of the issues you knew of, and then sold it to the dealer "as is".
Poke your nose into it further, and expect to get sued.

From here:Buyer beware

Caveat Emptor​

[Latin, Let the buyer beware.] A warning that notifies a buyer that the goods he or she is buying are"as is," or subject to all defects.

When a sale is subject to this warning the purchaser assumes the risk that the product might beeither defective or unsuitable to his or her needs.This rule is not designed to shield sellers whoengage in Fraud or bad faith dealing by making false or misleading representations about the qualityor condition of a particular product. It merely summarizes the concept that a purchaser mustexamine, judge, and test a product considered for purchase himself or herself.

The modern trend in laws protecting consumers, however, has minimized the importance of this rule.Although the buyer is still required to make a reasonable inspection of goods upon purchase,increased responsibilities have been placed upon the seller, and the doctrine of caveat venditor(Latin for "let the seller beware") has become more prevalent. Generally, there is a legal presumptionthat a seller makes certain warranties unless the buyer and the seller agree otherwise. One suchWarranty is the Implied Warranty of merchantability. If a person buys soap, for example, there is animplied warranty that it will clean; if a person buys skis, there is an implied warranty that they will besafe to use on the slopes.

A seller who is in the business of regularly selling a particular type of goods has still greaterresponsibilities in dealing with an average customer. A person purchasing antiques from an antiquedealer, or jewelry from a jeweler, is justified in his or her reliance on the expertise of the seller.

If both the buyer and the seller are negotiating from equal bargaining positions, however, the doctrineof caveat emptor would apply
 
   / Should I say something #18  
I agree that what you did was right and mostly agree with those who advise to butt out. I can't help bit think that this is part of what is wrong with society though. There should be no negative consequences for letting the guy know. Murphy and his laws always seem to bite me though. If the guy was your friend would you tell him?

"Be excellent to each other." - Chris Matheson and Ed Solomon (writers of Bill and Ted)
 
   / Should I say something #19  
You need to wake up each morning and like/respect the reflection you see in the mirror so do as you're called.

That said, it does appear that you are overly oozing with integrity....and that...is a good thing.

You've got my respect regardless of what you do/don't do.
 

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