NY_Yankees_Fan
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ONLY when you remove manufactured installed safety equipment.
suppose i sell my rops
- Thread starter dieselbeef
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ONLY when you remove manufactured installed safety equipment.
bigtiller
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You are correct. That is what "as is" means, no guarantees.
dave1949
Super Star Member
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.
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.
LD1
Epic Contributor
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.
Actually best to just keep the tractor, never sell anything, and insert yourself into a bubble and never come out.
ultrarunner
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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.
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.
Loadstar
Platinum Member
NY_Yankees_Fan said:
Is it illegal to remove rops or sell a tractor originally equipped with it but removed?
NY_Yankees_Fan
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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.
Piston
Elite Member
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....
