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What would you do??

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04terry

12-11-2002 15:36:02




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I bought a 10-20 tractor over the phone after talking at length about its condition, I mentioned that I didn't like surprises should I purchase it. After deciding that tractor was in the condition I was hoping for, I sent him a check. I just drove the 500 miles a week later to pick it up and noticed JB weld smeared over the block in an area 12 inches long by about 2 inches wide. The seller said he never noticed it before. About 4 family members run this small salvage business. I ended up taking the tractor but felt like I got took.

What would you have done?? The check hasn't cleared the bank yet.

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jimbo

12-11-2002 21:23:31




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 Re: What would you do?? in reply to 04terry , 12-11-2002 15:36:02  
I know where your coming from because I've been had too.I'll never buy one over the internet again.I want to see it , drive it, check it out in every way and then hand the owner a check.I guess a person has to live and learn.



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kjm

12-11-2002 19:41:23




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 Re: What would you do?? in reply to 04terry , 12-11-2002 15:36:02  
I would say to take your lumps this time,2000 mi @ 8 miles to the gal. $1.30 a gal $325.00 out of pocket, pluse the cost of the tractor if you take it back. You should have left it, out of pocket about $160.00 and yes stoping payment on the checkis a big no no.It hapens to us all one way or another. Good luck



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BIG JOHN

12-11-2002 18:50:17




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 Re: What would you do?? in reply to 04terry , 12-11-2002 15:36:02  
I agreed to buy a W-4 sight unseen over the phone but I was to pick it up in three days and pay cash. I drove from KC to Janesville Minn. pulling a 25' gooseneck to pick it up. When I got there it was not anything close to what had been described. It was also a family type salvage business. I told the people NO THANKS and drove home all in one day 997 miles. I was ofcourse very unhappy to say the least but at least I still had my money.

GOOD LUCK

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Hugh MacKay

12-11-2002 17:51:28




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 Re: What would you do?? in reply to 04terry , 12-11-2002 15:36:02  
Keep the tractor and take your lumps. Let this be a lesson to all wouldbe tractor buyers," NEVER BUY A TRACTOR SIGHT UNSEEN." I wouldn't buy a single speed bicycle sight unseen. How many of you guys can afford to kindle the fire with ten dollar bills.



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David

12-11-2002 16:35:13




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 Re: What would you do?? in reply to 04terry , 12-11-2002 15:36:02  
Whenever I buy a tractor now after being burned, I send a deposit to hold the tractor then get there as soon as I can and if the tractor is what it was sold as I pay cash and get a receip. Bad to say but first time you buy from someone even a relitive don't trust them any more than they trust you.



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dan

12-11-2002 16:27:14




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 Re: What would you do?? in reply to 04terry , 12-11-2002 15:36:02  
we had an old 730 at work that shot a rod out the side about ten years ago, according to the owner. It had a realy ugly big blob of JB weld on it and it never leaked. when we took the tractor in trade for a new one I was told to make it look better and so I ground it down and sanded it smooth and repainted the block. that was a year ago. Nobody would buy the tractor knowing it had a broke block but it never leaked. I used it all the time towing in ones that wouldn't start. some times it realy doesn't hurt much but that still doesn't make it right that he didn't tell you. I would probably just forget about it and use the tractor. Live and learn ya know. I doubt , legaly, if there is much you can do anyway. used tractors usualy are an as is sale. I definitly would not buy from him again.

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jmyt_47

12-11-2002 16:22:26




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 Re: What would you do?? in reply to 04terry , 12-11-2002 15:36:02  
I'm sorry to say you shouldn't have accepted the tractor. I realize it would have been difficult to get your money back- if the check had already cleared. But if the guy is a reputable dealer or honest person, take the tractor back for a refund.

On the other hand. JB weld isn't that bad. I have patched minor cracks on some tractors that way. If you have to rebuild the engine anyway, no big deal, get a new block or grind out the JB weld and take it to a shop for repairs.

I have made the same mistake as you. Bought a MD to fix up for salvage price- motor stuck... had it for a few months and then I saw the huge patch in the bull gear housing... oh well.

Next time, when I inspect a tractor to buy, I will be much more thorough!!

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Tony630

12-11-2002 16:00:28




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 Re: What would you do?? in reply to 04terry , 12-11-2002 15:36:02  
You didn't mention how much money you paid so this will be on the money biased side.

Truthfully, If you were not satisfied with it you should have left it. Then he would have had to give all or at least a part of the money back(technically what you sent could be taken/accepted as a non-refundable deposit). On the other hand sounds to be clearly mis-represented by the seller. NOW since you've taken possesion you by law accepted as is where is and have sealed the deal-accepted the sale. Whatever you do, DO NOT CANCEL THAT CHECK. If it is over $600.00 in our municipality, for example, it is considered grand larceny and with that comes jail time. You really need to have your ducks in a row if you decide to cancel that check.

Call the previous owner and try to work it out first. Usually a lawyer costs more than he's worth. No disrespect-just opinion.

If you do decide to take this to court you will have to go to the locality where you bought it-then it becomes a who said what to whom in court. Never works for anyones benefit.

Sorry you had a problem but there are people in this world who will lie to any and everyone. Problems like this really do hurt the hobby more than help. Dishonesty - intentional or not, is definitely not the way to do business.

Tony

P.S. I sell equipment for a living. I have been on both sides of the stick for one reason or another. Again above is just advice

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joe

12-11-2002 18:49:00




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 Re: Re: What would you do?? in reply to Tony630 , 12-11-2002 16:00:28  
Tony has it right- by taking the tractor, you sealed the deal. You need to explore your legal options. I have aced legal classes, and know at least this much. I'm not sure of the specific rules in your area/state though. Just be sure you're in the clear with whatever you do. But at this point, there isn't much possible, other than taking him to small claims court, where you'll probably loose due to technicallities.

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Jonathan Mirgon

12-11-2002 15:59:04




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 Re: What would you do?? in reply to 04terry , 12-11-2002 15:36:02  
I am not a fan of j.b weld in my opinion its putting a band-aid on a bullet wound. It sounds to me like the dealer was dishonest with you, I would put a stop payment on the check, and let him know that if he wants his tractor back he can come and get, as you would not have bought it if he had told you the truth, or wasted your time to travel and pick it up.
good luck and I hope it all works out for you.
Jon Mirgon

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KURT

12-11-2002 15:50:38




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 Re: What would you do?? in reply to 04terry , 12-11-2002 15:36:02  
Put a stop payment on the check NOW. And then give him his tractor back.



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