Whos fault is it?

I had a tractor sitting in the barn for a few years, loved the thing but dont have any use for a tractor that size. So I listed it forsale and a guy comes and buy it. He refused to drive it there and I even dropped it off for him and he refused to drive it them. Said he didnt want to look stupid. Then he tells me he overheated it and its leaking oil really bad. I go out there and check it out, was low on coolant, put some in, ran it for 2 hours with no issue other then oil leaking from Im hoping the valve cover. This guy doesn't have a clue what hes doing and even told me that so I wouldn't be surprised if he got this thing super hot. Im worried he might have damaged the engine and he thinks its my fault. I think it his, he bought it, hooked his implement to it and he ran it.

Unless you gave him a written warranty I'd say everything used is as is where is !

Considering that he refused to operate it TWICE, then in my world you are under no obligation whatsoever. Moreover, he has explicitly stated that he has no idea how to properly operate or maintain it.

AS IS. You'd wanna check any state laws, but generally used private sale you're protected. It's 100% not your fault.

I'm with the others "AS IS". Especially since he didn't do a test drive.

And there probably nothing wrong with it, but the loose nut behind the wheel.

The only thing left out in your story is if you've been paid. If you have been paid caveat emptor.

Tell him call his mechanic. You go put his money in the bank and relax.

I do not know how it is in other states but that is why a lot of farm equipment is sold through auction where I live and have been told so by dealers among others. An auction setting is the legal muscle against comebacks due to abuse or misuse. Everything is sold with an understanding that it is as-is unless otherwise stated. I see what looks like a lot of good pieces going to the scrap yard with prices being lower than a few years ago because there is no fuss.

IF you sold it "As-Is" then your safe as long as your paid and have not done any repairs since the sale. What I mean by that is if you went out and added water an checked the tractor out you may have negated the "As-is" sales protection.

I had a fellow buy a tractor from me "As-is". He took it home and used it maybe one hour an the generator locked up. I had a good used one so I went and put it on for him. The old one just had a bearing lock up on it. So not major repair. I did not hear from him for several months. All of a sudden I get a letter telling me the motor was leaking coolant into the oil and I was liable for the repair/rebuild. He never told me about any trouble and took the tractor to a competitor of mine. That fellow told him the engine needed a complete overhaul and the parts where shot. This JD 3010 had less than 500 hours on a complete major. The sleeves still had the cross hatch in them., All that had happened was a sleeve oring was cut when it was installed. The bearing where not even hurt. All it needed was new sleeve seal rings, head gasket and maybe lower bearings. The fellow did a complete overhaul to the tune of $3500 parts and labor. I only sold the tractor for $5500. We went to court. I lost. The court found that my replacing the generator "implied" a warranty. I had to pay 50% of the repair bill.

Did you sell it with any type of warranty be it written or implied?? If you gave him no warranty then it is his fault since you sold it to him as is. Ya if you knew it had a problem then it would be your fault but I bet you did not think there was any problem with it

so what is the problem? you have been paid you delivered the tractor and now what? It is on his property ,right?

I just sold my wife's van and a motorcycle. I wrote on the sales receipt "Sold As Is and Where Is". Its what I write on the bill of sale on every thing I sell. I can't remember ever having a problem but I figured it would cover me if I ever did.

if it was fine when you sold it and he obviously has no idea what he's doing, anything that happens to it is his fault and his to pay for fixing

If it were a brand new tractor the fault would be the seller but an old one you expect to at least change all the fluids before using the tractor.

Equipment sets, things like gaskets dry up and separate. He didn't buy a new tractor and did refuse to try it out before he purchased it as is.

But your story reminds me of this gal I was dating years back that had a Honda CBR600 cafe racing style scooter that she was selling so she could move up to a CBR900. This kid from the city comes out to buy it but doesn't know how to ride it and doesn't have a cycle endorsement on his license, so he can't take it out to test ride it. Instead he brought a friend to test ride it for him. I'm standing back shaking my head, but is was his money. I do have to say something about those crotch rockets that I've never cared for. To make her happy, I once took hers out for a ride down the county roads. Smooth running, get up and go. I'm buzzing down the open road with wheat fields, figure 60 or 70. I look down at the speedometer, 125 and I had plenty more available. Holy cow, didn't feel at all like it.

Mark

Caveat Emptor