Just bought first tractor and got ripped off

[Poorboy04]

I just bought a 2002 tc24d with 1,000hrs (first tractor I have owned). When I got home I noticed hydraulic fluid on my trailer like it was leaking by the belly mower. So I went in for farther investigation to see what is going on. I found that I have been ripped off there is a 12" weld going up the lift side of the transmission which was covered in gasket maker and painted black. Acourse its leaking hydraulic fluid. Now I'm lost what do I do. I don't have any money to fix it I saved up for a year to buy this tractor and the seller is pretty much non responsive.

 

[Rock knocker]

Small claims court? That often helps get a response from the otherwise non-responsive.

 

[Poorboy04]

I signed a bill of sale and it stated AS IS and No Warranty. So I don't know if that would help.

 

[aczlan]

Did you buy from a dealer or a private seller?
I would have a conversation with the seller about it being misrepresented.

Aaron Z

 

[Deere Dude]

Sounds like fraud to me. I would still try small claims court if the seller won't come across with a fix. It sounds like he won't though.

Make sure you document all calls and keep a paper trail unless needed later.

That is a cryin' shame.

 

[jeff9366]

Caveat Emptor | Definition of Caveat Emptor by Merriam-Webster
LAW : the principle that a person who buys something is responsible for making sure that it is in good condition, works properly, etc.

Under law, dealers are held to a higher standard, due to their supposed professional knowledge.

When a sale is private party to private party, BUYER BEWARE. Further, you signed a AS IS, NO WARRANTY release. "AS IS" proofs seller against misrepresentation claims.

Small Claims Court, like other courts, only interprets and enforces the law. Law is on the seller's side in this disagreement.

Change your title to: Just Bought First Tractor; Learned A Hard Lesson In Life.

 

[dbotos]

Was the tractor advertised anywhere? Newspaper / craigslist? If so, you'll probably want to get a copy of the ad if your case in court is going to be that the seller misrepresented the condition of the item for sale. Of course that could be an uphill battle, especially if the ad says "as-is" or something to that effect. If it was advertised as having no problems and you get a written statement from a credible expert (e.g. tractor dealer) that has inspected the tractor and says it has a major defect that was covered up, that could help your case. Of course, the other side could counter and say that the repair was fine before you bought it and you somehow broke it during hauling or usage after you purchased it. Or they could deny existence of the repair completely and say it was something you did.

Got any pictures of the "repair"? I feel your pain (at least a little) - I bought a '54 Ferguson TO-30 in Feburary of 2013 and used it a few times before I discovered the rear axle oil seals leaking. Life has gotten in the way of that project and she's still sitting. I do have most of the left side ready to go back together with parts freshly powdercoated or painted. Hopefully I can finally get it wrapped up this Winter and the Kioti will have a friend to play with in the Spring... If nothing else, the members here could probably help guide you on how to get that "repair" redone correctly or replaced with a new housing.

 

[Poorboy04]

The add said it was in good shape. Also I have texts of him saying that all the tractor needed was small cosmetic things and after I contacted him about the weld he pretty much said he knew about it but forget to tell me. I have all this in text messages.

 

[Poorboy04]

I also have text from him saying it started leaking at the weld a couple months ago but it wasn't bad. I will also post pics but I'm not sure how to do it.

 

[Poorboy04]

No that was after I got it home and seen the leak and asked for my money back.

 

[newbury]

Well keep all the records but going to court without a lawyer you've got the signed "as is" and getting a lawyer and going to court will probably mostly benefit the lawyer.

How much does it leak? Can you quantify it?

I've an '88 Ford diesel van that leaks tranny fluid at about the rate of 2 pints a year even when I DON'T use it, but 2 pints is cheap compared to a new transmission. I've had a tractor leaking a pint of hydraulic fluid every few hours I used it, until I replaced a hose.

I always trust sellers to do what is in their interest.

I wouldn't trust ANYTHING that the guy that sold you the tractor said. Rather I'd trust he was lying through his teeth.

A 12" weld is pretty substantial but if you stick around someone here might be able to talk you through how to fix it. It might just be a case of needing a careful cleaning and application of JB Weld will slow the leak so it's manageable.

 

[jeff9366]

What the seller says now, after you signed the AS IS, NO WARRANTY, BILL OF SALE, is not germane.

It is your tractor now, not his. Whatever he says now, you explicitly accepted tractor condition when you signed the Bill of Sale.


I agree with NEWBURY. Move on. Make it work as well as you are able. JB Weld is good stuff used on clean surfaces.

 

[Ed Fisher]

I once had a similar case that involved fraud of an automobile. An attorney was hired. I won the case and a judgement. I never collected. The Sheriff told me at the property that he could only confiscate things on the outside of the house to use as a 'payment'. It was a hovel. I'm telling you this as a 'been there done that' story.

As the others have said, 'As Is' is a binding contract. As I have shared above, even a win isn't a win necessarily. I'm terribly sorry for your having been mislead, for your disappointment, and for the money that you believe has been wasted.

However, if the tractor is operational then it didn't burn up from loss of fluid. That is a good thing. There are really smart and patient folks on here willing to help. That is a really good thing. You may have to get dirty. You may have to do a repair/refurb/modification/fabrication that you weren't expecting but I wouldn't count your money down the toilet, your emotional frustration notwithstanding.

You can document and try to appeal to the seller, but in the end unless he is just a stand-up guy and wants to clear his conscious you have bought a tractor that needs a serious leak fixed. Again, I'm sorry, and feeling as wronged as you many years ago I went to the mat in a serious way. It only led to prolonging my frustration.

Fix your new tractor and when you finally wipe your hands clean, literally and figuratively, you will feel greatly relieved I believe.

Ed Fisher
Dallas

 

[Poorboy04]

That's what I'm afraid of but a $5000 dollar fix on a $8000 tractor hurts real bad.

 

[jeff9366]

Now, don't start wishing for the worst case.

Here are several pages of T-B-N threads dealing with successful JB Weld repairs, several repairs similar to your requirements.

Several pages. Do not stop at Page 1.

JB WELD FIX site:tractorbynet.com - Google Search


I like this thread: http://www.tractorbynet.com/forums/kubota-owning-operating/179901-gearbox-crack-repair.html

 

[4570Man]

My F2560 has a cracked transmission case. I JBwelded it up and the leak is only about a 1/2 gallon a year. I could probably get it better, but it's a job to get it clean enough. A new case is $700, but it's a job to change it. The minor fluid leak isn't enough to justify spending the time and money to change it.

 

[Poorboy04]

I already priced the case and its $2700 for just the case itself.

 

[4570Man]

A little fluid loss doesn't look so bad does it? The seller has no legal obligation to do anything since you signed a contract. You're wasting time and money in court.

 

[Ed Fisher]

My sentiments exactly, "don't wish for the worst case".

Assess. Observe. Ask for help. Research. Look again. Re-assess. Ask for more help. Plan an approach. Research some more. It all bolsters your confidence. JB Weld is an amazing product. Clean up that area and see about that weld. Fluid is a hard thing to stop, but perhaps the weld buttressed up the main crack/flaw and there is just a small void allowing the fluid to pass. Scrub it. Clean it. Get a good light and look at it. Assess.

You may have gotten a bit of a lemon, but that isn't the last round of the fight unless you allow it.

That car to which I alluded earlier turned out to be a fantastic automobile. 1970 Torino GT, 351, bucket seats, console, hidden headlights, and shaker scoop. To this day it was one of my all time favorite cars, and I've had 50 or so through my many years. It didn't start out like I wanted it to, but I persevered and have great memories as a young lad.

Don't fold your hand when your bet is already in the pot.

Ed

 

[jeff9366]

Clean up that area and see about that weld. Fluid is a hard thing to stop, but perhaps the weld buttressed up the main crack/flaw and there is just a small void allowing the fluid to pass. Scrub it. Clean it.

I would drain the fluid and discard. Who knows what fluid that jerk put in there?

I would let it drain for days. Maybe put a little pressure in there with a Shop Vac cleaner set to blow, rather than suck. ThenI would clean the outside repeatedly, applying a little heat gun or hair drier heat, to sweat the crack some. The heat will expand the metal, squeezing out residual fluid. Then tape specialty oil absorbent pads over the crack and let it sit another couple days. Then clean again with brake cleaner.

When it becomes time for the actual repair, USE ALL NEW, FRESH MATERIAL. This repair is not occasion to use old stuff. I will wager the successful 25 year JB repairs were all made with fresh material and half the failures were repairs attempted with already open material, laying about.