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Tractor Talk Discussion Forum

OT What Should I do?

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Uncle

10-23-2006 10:28:49




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I sold my IH 3400A Backhoe at auction Saturday. The Auctioneer was there when I unloaded the machine and drove it around the lot. The day of the auction I ran it long enough to demo it by digging a couple holes and the machine was running when he auctioned it.
Sunday I got a message that the man that bought it could not get it to start. My friend went to look at it and said the starter was burned up.
I don't want to be a jerk but I sold it, he bought it, and I don't know what happened when I was not there.
Now the guy that bought it spends alot of money with the auctioneer and I buy and sell some, I have not talked with the auctioneer, and I don't want to be banned but what can I do?
Brian

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hobbyfarmerinwi

10-23-2006 21:54:26




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 Re: OT What Should I do? in reply to Uncle, 10-23-2006 10:28:49  
There is only one auction I will buy large equipment at here in NW WI. They are well known for disclosing all they know before the bidding starts (ie: PTO is out, needs starter, etc)It is still "you but it, you own it, but they do their best to let bidders know what they are looking at. GREAT people!



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JK-NY

10-23-2006 18:31:58




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 Re: OT What Should I do? in reply to Uncle, 10-23-2006 10:28:49  
Was it the auctioneer who called you? Is the buyer refusing to pay for the machine? In this state if you consign something to an auction it is the auctionners responsibility to pay you and collect from the buyer.I imagine most places have similar laws. I agree with the others , you dont have any responsibility except to go pick up your check.If you get in to a dispute with the auctionneer I would make it clear that if you take back the backhoe you arent paying any commision as he didnt hold up his end.

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135 Fan

10-23-2006 19:05:13




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 Re: OT What Should I do? in reply to JK-NY, 10-23-2006 18:31:58  
Not pay commission? I don't care if the auctioneer bought it himself. Unless otherwise stated auctions are as is where is. Get your full amount of money owing or go to the board that issues auctioneers their licences. This sounds like a fly by night auctioneer. He may be working with the other guy to resell stuff for more money. I've seen it quite a few times. Get a Ritchie Bros. pamphlet or bid book. They don't put up up with any B.S. and they are the largest equipment auctioneers in the world. You gave no warrantee expressed or implied nor did the auctioneer. Thats why they always say please inspect equipment before bidding. At RB auctions if you are caught bidding or have someone else bidding up your equipment, you are in big trouble. Some auctions do allow buy backs but only if the sellers price hasn't been met. It might be a simple fix or not. Demand your money! Dave

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B-maniac

10-23-2006 18:20:59




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 Re: OT What Should I do? in reply to Uncle, 10-23-2006 10:28:49  
Scroll down to kyhayman's post. That's all you need to know. As long as you didn't intentionally hide something,you have ZERO responsability and your auctioneer KNOWS IT. He's got no right even putting you in the middle of this in the first place!



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thejdman01

10-23-2006 16:40:50




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 Re: OT What Should I do? in reply to Uncle, 10-23-2006 10:28:49  
When had a farm auction on the place, a real fool bought the 410 backhoe. The guy came early demoed it (ie beat the living heck out of it tearing around shaking everyting jamming on the brakes etc etc) he ended up bidding on it and winning. IT was super cold the day of the auction. I even had it running before the auctioneer let bidding start everyone saw and heard it run. Well after the auction pry 4 or 5 hours went buy the guy brought his trailer cranked it over about 6 times and wouldnt start. He grabbed a can of either, shot her full and went up there and tried to start it. Starter tied but coudlnt turn it over he locked it up. Tld him to wait 15 min let either clear out and then try it. Nothing on the starter. Long story short he refused to pay for it and refused to move it. The backhoe sat 4 days and i figured he hadnt technically paid for it (he said he would in the auction but handt payed for it yet)(i figured ill just take a look at it and it was just a broken brush. I put 2 new brushes in it for under 1 dollar called him up he dropped me off a check and laoded it up and took off never even a thiank you. I wish i had told him to go take a long walk off a short pier cause i should ahve kept that machine.

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KEH

10-23-2006 15:07:22




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 Re: OT What Should I do? in reply to Uncle, 10-23-2006 10:28:49  

Good advice from everyone. I wish a bad starter was the worst thing I had to deal with on stuff I bought at an auction.

KEH



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RodInNS

10-23-2006 14:44:50




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 Re: OT What Should I do? in reply to Uncle, 10-23-2006 10:28:49  
Anything I ever bought at an auction was bought AS IS, WHERE IS. It was clearly stated on the bidder card and the bill of sale. I've never expected any more or less than that. You buy old gear, sometimes you win, sometimes you lose. On the large scale, a bad starter isn't the end of the world. He should quit his whining. I don't think you owe him anything. If anything, he owes you or your friend something for even looking at it....

Rod

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Steven@AZ

10-23-2006 12:59:23




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 Re: OT What Should I do? in reply to Uncle, 10-23-2006 10:28:49  
When the auctioneer said "SOLD" you were released from any responsibility dealing with the tractor. I've never expected or received any warranty on anything from an auction sale - sold "as is."



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RustyFarmall

10-23-2006 12:40:22




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 Re: OT What Should I do? in reply to Uncle, 10-23-2006 10:28:49  
at all of the auctions I have ever attended, an opening statement was given by the auction company informing the buyers that all equipment is sold as is, where is. Any other agreements are strictly between the seller and the buyer. Since you, as the seller, did not offer, or agree to, any kind of warranty, you are under no obligation to replace the starter.



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135 Fan

10-23-2006 12:34:21




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 Re: OT What Should I do? in reply to Uncle, 10-23-2006 10:28:49  
When you buy at an auction, you take your chances when you buy or sell. Prices are usually way lower than a dealer or private sale. If it ran good otherwise, fixing the starter is a minor repair. There have been way worse things wrong with stuff sold at auctions. Don't worry about it. You probably wished it would have sold for more anyway. Dave



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John S-B

10-23-2006 12:25:33




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 Re: OT What Should I do? in reply to Uncle, 10-23-2006 10:28:49  
A starter going bad is no big deal. A couple of weeks ago the medic unit came back from the shop with a new starter and it did'nt last one day. It's not like it threw a rod or the tranny was packed with sawdust. If the guy that bought the backhoe knows anything about machines he'd know these things happen. Either he's ignorant or a whiner.



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Sam (MO)

10-23-2006 12:21:26




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 Re: OT What Should I do? in reply to Uncle, 10-23-2006 10:28:49  
Let it be. Heck I bought a IH454 and had it for a week when the starter smoked. I didn;t go back and complain I knew I bought a used tractor. Just plop out 2 hundred for a new starter.



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IHFan

10-23-2006 12:00:19




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 Re: OT What Should I do? in reply to Uncle, 10-23-2006 10:28:49  
Forget it! A local here always calls with a problum after a sale some pay a few $ to shut him up some don"t worth a try I guess.



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Jim87

10-23-2006 11:34:47




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 Re: OT What Should I do? in reply to Uncle, 10-23-2006 10:28:49  
Sounds like the guy that bought it didnt really know how to start it properly. As others have mentioned u dont have to a dayum thing. It ran fine when u started it and demo"d it wich he could see.

As a side note, local auctioner here as a consignment auction each spring and fall. Since the yuppies have started attending things get amuzing. Back at the spring auction there were 8 small tractors ranging from ford 8ns to Ford 600 to IH354 and a Massy 230 and 135"s. I got there early and started each tractor. Each one started right up and ran fine. After the sell all the tractors except the 230 and an 8n was bought by yuppies. They couldnt get any of them started, several burnt the starters and ran the batteries dead. Had there friends there poking around the engine taking things off and so on. The 354 was a diesal and the guy got on it turned the key and let it crank over till the battery went dead. All he had to do was push the fuel cut off in. i stepped up on the 230 pushed the fuel cut off in, hit the starter and away we went. The guy who bought the 8n went his way too.

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dhermesc

10-23-2006 11:34:42




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 Re: OT What Should I do? in reply to Uncle, 10-23-2006 10:28:49  
Who left you the message?

You demoed the machine to show how it RAN - not how it WILL run. Any hammerhead can ruin a starter in a few minutes. The equipment and the headaches changed hands when they said sold.



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Uncle

10-23-2006 18:33:01




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 Re: OT What Should I do? in reply to dhermesc, 10-23-2006 11:34:42  
The Auctioneer called and said it would'nt start and buyer is trying to back out.
I went by after work today and the machine is gone. He either winched it on a trailer or got it running somehow.

The thing that chaps my but is, what if I would have bought something at the auction, banking on the money from the sale?



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paul

10-23-2006 20:21:01




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 Re: OT What Should I do? in reply to Uncle, 10-23-2006 18:33:01  
That's the auctioneer's problem (actually the buyer's problem...). Not yours. Auctioneer shouldn't really be bothering you about it at all, don't understand what the call would be about? That is why he gets the commission - to deal with the issues. Unless there are some real odd stipulations on this auction, you just simpley have nothing to do with it at all, but to cash the check you got from the auction co.

--->Paul

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massey333

10-24-2006 06:44:09




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 Re: OT What Should I do? in reply to paul, 10-23-2006 20:21:01  
You said it with ODD Stipulations,It seems to me (These new"under 10Yr.auct"firms are coming up with Crazy terms.)Some are saying IF NOT AS I SAY IT IS YOU DON'T OWN IT.Went to one a couple weeks ago where the Buyers card said The Auction Co. reserves the right to bid and-or buy at this Auction.They also had the right to refuse bids(IT seems because they DIDN'T take some bidders bids.)We left after This was Apperent.

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K-Mo

10-23-2006 10:57:58




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 Re: OT What Should I do? in reply to Uncle, 10-23-2006 10:28:49  
It's not your problem. You already went further than needed by having your friend look at it. Once the auctioneer says "SOLD" the item has a new owner, unless otherwise stated before the auction.



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jmixigo

10-23-2006 10:52:18




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 Re: OT What Should I do? in reply to Uncle, 10-23-2006 10:28:49  
Look in the auction flyer. Sale conditions and so forth will be clearly explained. At a sale around here the auction company will not even release the seller's name or contact information.
Old equipment works good till it breakes, that's why it is sold "as is, where is, how is". The only representation one should be responsible for is that you have a legal right to sell the item. If it ain't stolen the buyer can't kick about it.

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bradk

10-23-2006 10:47:44




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 Re: OT What Should I do? in reply to Uncle, 10-23-2006 10:28:49  
I wouldn't worry about it a bit.
The guy obviously didn't know how to start it & fried the starter.The matter is out of your and the auctioneer's hands and is the new owner's responsibility.~brad



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kyhayman

10-23-2006 10:46:58




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 Re: OT What Should I do? in reply to Uncle, 10-23-2006 10:28:49  
When I pay someone a comission to sell something, Im paying them to deal with the crap. Sold as is, where is, no exceptions. I'd refer him to the auctioneer, and stand firm with the theory it was fine when u sold it.



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B-maniac

10-23-2006 18:13:50




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 Re: OT What Should I do? in reply to kyhayman, 10-23-2006 10:46:58  
AAAAMEN kyhayman!! You hit it right on the head! Not another word need be said! There will be only one person banned here and he knows who he is!



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paul

10-23-2006 10:36:10




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 Re: OT What Should I do? in reply to Uncle, 10-23-2006 10:28:49  
Sold as is has always been sold as is when _I_ buy something, wouldn't imagine it to be any different for the next guy. He takes possesion as soon as the 'sold' is made. Period.

--->Paul



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