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Re: liability/doing the right thing...update


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Posted by JDseller on November 27, 2011 at 09:56:34 from (208.126.196.144):

In Reply to: liability/doing the right thing...update posted by dave2 on November 27, 2011 at 07:30:15:

Dave you will find that many buyers are just as crooked as the so called equipment jockeys. They want you to pay for them to get a new motor overhaul.

I sold a JD 2020 diesel five years ago. I gave them a 50/50 power train warranty , IF the work was done by me, good for 100 hours or 180 days. The buyer came back to me One year later complaining that the tractor had dumped the water in the engine oil. I said fine bring it out to me and I will look at it and will treat you fine. They said no way as I was a crook selling bad tractors. What the ???? I asked where they had heard that. They told me that their good friend that had the tractor at his shop told them that. He told them it needed new pistons, sleeves, bearings and the crank shaft ground. What!!!! This tractor was over hauled 150 hours before I sold it to them. So I went over to the "friend" and jumped him about bad mouthing me. He showed me the motor he had completely took apart and had it scattered all over his shop. The sleeves still had the cross hatch in them. The bearings did not even have a scratch in them. What had caused the problem was a sleeve o-ring had failed. I asked him why he was telling them that it need all new parts when at the worst you where talking rings, bearings, and a overhaul gasket set? He point blank told me that he wanted to buy the tractor from them so he had ran the bill up so they would not fix it. REAL NICE FRIEND!!!

So how did I handle it??? I call the couple up and arranged a meeting with them at their home. I took the County sheriff with me as a witness. I had taped the "friend" on a little dictation recorder. I played the tape for them. They still did not want to believe me.

I gave them two choices of what I would do:

1)I would repair it for just the parts cost, no labor charge. The parts where less than $400 dollars.

2) I would buy the tractor back for what they gave me for it less $20 for each hour of use. Plus $75 dollars an hour for the time it would take me to get it out of the friend's garage. Since he had demolished the tractor for no good reason. All that he should have done was dropped the pan and removed the cylinder head. There was no reason to completely disassemble the engine.


They refused both still saying I was trying to cheat them. What a pair of idiots. So I said they would be hearing from my lawyer. Why they ask? I told them they where defaming me with their accusations. I did what I promised. My lawyer sent them and the friend a real nice letter explaining what would happen if they still defamed me.

The main reasons being was that the tractor was out of the warranty for three different causes.
1) It was well over the 180 days. 13 months by now.
2) They had not even given me a chance to find the problem and correct it myself. My warranty clearly stated the repairs have to be done by me or someone I approved. Not some" friend".
3) They had used the tractor for 160 hours. Again much more than the 100 hours stated in the warranty.

They did take it to small claims court. I took a copy of the purchase order and the judge did not even take five minutes to rule in my favor.

The tractor??? I got to buy it back when the "friend" got a divorce. His wife was real glad to sell it to me as it was still in pieces. The "friend" never could get it back together.

Moral of the story. Many buyers are LIARS. They will buy an old tractor cheap. Then try to get it made new by the seller even when they knew it was well used when they bought it.


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