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300 Utility Steering

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Tractorsandhorses

02-16-2005 20:09:07

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Here"s the story - I bought a 300 Utility about 10 years ago - it had a IH loader with it, but not mounted - someone had taken off the original power steering cylinder from the gearbox and added a hydraulic cylinder on the left drag link - the steering was very loose, and I ended up buying both new shafts for the power steering gearbox - at the same time, I found an original power steering cylinder for the IH gearbox, and teed it into the hydraulic cylinder, as the flow seemed to be equal - this worked fine for the 9 years or so that I used the tractor (with a Davis loader on it) - well to make a long story even longer, I bought a different tractor with a heavier loader and grapple, and decided to sell the 300U (without the Davis loader) - well, the first week the new owner used it, he put a 3-point bale fork on and started moving round bales (1,000 pounds or more) with no loader on it to keep the front end down - he broke something in the steering gearbox (I would assume that it is a tooth or maybe several on one of the shafts), and is suing me to get the purchase price back on the tractor - what are your thoughts?

Thanks,
Dave

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Brianbws

02-16-2005 21:26:44

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Re: 300 Utility Steering in reply to Tractorsandhorses, 02-16-2005 20:09:07

I would have to say, the tractor was bought as is. Most people just threaten to sue. But if he's serious, and you're not a dealer, just check with your DMV, or Secretary Of Sate, there are limits to what he can do. If this individual was fair he'd give you a chance to make things right with out making threats. 1000 lbs bale on the rear, no front weights. Small machine. Not you're problem.

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CNKS

02-16-2005 20:41:20

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Re: 300 Utility Steering in reply to Tractorsandhorses, 02-16-2005 20:09:07

You sold with no guarantee, he broke it, it's his problem, may or may not have broken on you. 1000 lbs no weight on front, front was bouncing all over the place, that's abuse, not your problem -- Lawyer for you would cost more than the purchase price, not worth it -- but I don't see how the guy can get anything out of you, even if he takes you to court.

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Tractorsandhorses

02-16-2005 20:52:48

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Re: 300 Utility Steering in reply to CNKS, 02-16-2005 20:41:20

Thanks for the reply - those were my thoughts, but I appreciate input from others - knowing the history of problems on the 300/350 utility series, I tried to "baby" it as much as possible, and I thought the buyer would know about the problem (he also had another 300U and a 350U) in the yard when I delivered the 300 that I sold him.

Thanks for any and all replies.

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Dave D

02-17-2005 10:29:01

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Re: 300 Utility Steering in reply to Tractorsandhorses, 02-16-2005 20:52:48

I presume that you sold the old tractor, obviously a "used" machine, "as is" with no warranties expressed or implied. That means that once the purchase price changed hands and you gave him the tractor, if something failed the moment he started or drove it away, he KNEW he had accepted ALL risk with the machine and that you owed him NOTHING in the event anything broke or failed.

I disagree with someone else writing here in that You do not even owe him a refund in return for the tractor back -- unless he restores it to the same condition in which he received it from you! (Fat chance of that, right?) He can threaten to sue you but it will probably be a small claims court case where you can appear and defend yourself without an attorney. All you have to do is testify before the judge that the terms were "as is" (i.e., no warranty) and that you are not responsible for after-sale failures FOR ANY REASON. (You can certainly tell the judge that you felt using bale forks without front weights amounted to abuse of the tractor, but that is really not the legal point of your defense.) I would strongly bet the judge will rule in favor of you, the defendant, because you are not in violation of your sales "contract" with the buyer.

Hang in there and do not let this bozo rattle you!

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Novel Idea Guy

02-17-2005 07:05:07

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Re: 300 Utility Steering in reply to Tractorsandhorses, 02-16-2005 20:52:48

Unfortunately, you can't assume anything...

Generally, you can find a lawyer who will give you a free consultation... Heck, may even be worth paying for an hour of the lawyer's time. This seems pretty cut and dried; the buyer hasn't got a leg to stand on. No guarantee was expressed or implied.

Worst case, demand that if you're going to refund the purchase price, you want the tractor back.

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Tractorsandhorses

02-17-2005 17:09:43

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Re: 300 Utility Steering in reply to Novel Idea Guy, 02-17-2005 07:05:07

Thanks for all of the positive comments - I really liked the 300U, and would still have it as a second tractor if I didn't have 2 kids in college - it had 3 hydraulic spools, 2 point converted to 3 point with a 3 point quick hitch, power steering, no TA, new tires, 12 volt system with alternator, IH loader, etc - sold it for $2995 with the loader - now I have to deal with this - but it sure helps with all of your help!!

Thanks again.

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Dave D

02-17-2005 18:08:11

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Re: 300 Utility Steering in reply to Tractorsandhorses, 02-17-2005 17:09:43

One last thing, for a claim (the amount in dispute) of around $3K there is no way this jerk will do anything other than bring this into Small Claims Court, assuming he is that stupid and cantankerous. Just to file a "real" lawsuit (the upfront paperwork ONLY) a lawyer will charge him $2,000-3,000, more than the amount of his claim, and only the most unscrupulous and hard-up ambulance chaser would advise this disgruntled buyer that he has a ghost of a chance in this matter.

Most states will allow individuals to bring a small claims action, without lawyers involved, for claims up to around $5,000, but the limit varies by state. (Call your city or county court clerk's office for the answer.) Small claims actions will still cost him a bunch in filing fees and registered mail charges, etc., at least in my state (NH). And he will have to write up why he believes you broke a purchase contract involving a warranty. (Few people know how to write anymore and this may be a disincentive, once he gets beyond the bluster of trying to scare you verbally.) Regardless, unless it can be proven that you gave this man a warranty on this old tractor, there is no way you stand to lose anything but the hassle factor and your time in defending yourself. (Sorry about that.)

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PAULIH300

02-17-2005 17:53:07

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Re: 300 Utility Steering in reply to Tractorsandhorses, 02-17-2005 17:09:43

I consider the poor steering the #1 problem with 300/350/330Us.For a tractor that was designed to be loader-friendly,bad steering is the last thing you need.I blame IH and its knee jerk reaction to get something to market to compete with the Ford N series as to why these tractors now have a lasting legacy of dangerous steering control.It was a case of lack of engineering/long term development that lead to an overstressed/weak designed box.All the added mounting reinforcements was a band-aid attempt to restrain the box in the chassis under the high steering loads.
Sure these tractors are now 50 years old,but I'm sure they developed wear/free play in their first year of use.CASE/IH has bought into this legacy and I still say they should offer something to the faithful owners to put the situation right.(an improved box at a reasonable price?).Its never going to happen,but it would sure impress me if a large company would admit to its forebears failures,and actually help current owners out.Imagine if all these boxes broke,and with no replacements or new component parts available,all 300/350/330Us were deemed non functional....a whole class of tractors would be museum pieces/scrap metal.

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Dave D

02-17-2005 18:13:05

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Re: 300 Utility Steering in reply to PAULIH300, 02-17-2005 17:53:07

Paul, ditto for the 240 Utilities, another loader-friendly(?) model. Steering boxes are junk. Sure wish I had a quick fix for mine.

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PAULIH300

02-17-2005 18:20:25

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Re: 300 Utility Steering in reply to Dave D, 02-17-2005 18:13:05

Mine has play in the steering shaft and the 2 pitman shafts.I can see come spring there is going to be a ton of welding/grinding done to build those wear surfaces back up,and then I can proudly say "Remanufactured by ME,Not IH/CASE/CNH"..(well...they will sell the bushings and gaskets,and not much else).
Seals c/o CR.

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TDK

02-17-2005 19:40:36

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Re: 300 Utility Steering in reply to PAULIH300, 02-17-2005 18:20:25

Paul, have you already tried adjusting the gearbox to remove some or maybe all of the free play ? There's three adjusting points on the boxes.

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PAULIH300

02-18-2005 03:07:44

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Re: 300 Utility Steering in reply to TDK, 02-17-2005 19:40:36

Its been done before,long ago.There isnt any left.

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