Just arrived and hour meter is broken

[cavedweller29]

$1100 to get it here. I doubt it would be on me. Liability is squarely on their shoulders.

You keep claiming that the liability is on the dealer. That would only be the case if you can PROVE the dealer knew the actual hours and misrepresented them. A dealer is no more responsible for an inaccurate hour meter than a car dealer is for an inaccurate odometer. There is a reason that car contracts say words to the affect of "TO THE BEST OF OUR KNOWLEDGE, the odometer reading is accurate and has not been tampered with". You bought a 30k item that was not only used, but, used in a very abusive industry. You chose not to inspect the tractor yourself or, to spend a few hundred dollars to have a local independent mechanic inspect it. Without proof of intent to defraud, the only person to blame is you.

 

[cavedweller29]

Now that's just silly.

The dealer is who advertised the tractor as having "X" number of hours, and sold and delivered it as such.

When you harvest the fruits of that representation and advertising, the representation and claims need to be true, or it's a clear cut, breach of contract situation.

The dealer made good on it because he knew he was responsible, or at least negligent in that representation.

To say the dealer could sue and win "significant damages" is just ignorant. Ignorant of legal civil process law, anyway...

In order for the dealer to have litigious claim, the defamation would have to be 1) False. 2) proven in a court of law that a specific dollar amount of damages occurred.

A dealer wanting to keep his dealership brand also doesn't care to have stuff like this getting to the manufacturer he represents as a trustworthy merchant of their products.

I also must have missed where any dealer in particular was even mentioned by the OP about this transaction.

Well, after 30 years in the legal field, I can pretty comfortably disagree with you.
I agree with your points on what would result in a judgment in court. If the dependent claimed fraud, which he has said in this thread, he would need to PROVE the fraud. Just saying that he thinks the dealer intentionally misrepresented the tractor doesn't prove anything. The damages would be quite easy to prove at some level. The plaintiff doesn't need to prove the absolute maximum loss unless that is what they were asking for. If they had customers look at a tractor and then change their mind due to hearing about the "fraud", that would be easily provable damages. A few people doing that could raise the damages quite quickly. Then you have the fact that many jurisdictions don't require exact damages to file. In our court system, all you have to do is file for damages under $25k or over 25k. You could later specify that you were asking for 10 million but to get the ball rolling, you check one of the 2 boxes I mentioned above.
If there is proof that the dealer committed a fraud that us one thing and, you would be correct. If the dealer listed the hours displayed, THAT isn't fraudulent unless he knew abd it could be proven that he knew it was inaccurate.
If I'm not mistaken, he posted the listing for the tractor which would list the seller.
Finally, I started reading the post from page one and I am commenting on the posts as I come to them. I don't know the final outcome.
Care to point out anything I said that was inaccurate in this comment?

 

[dusty3030]

I started reading the post from page one and I am commenting on the posts as I come to them. I don't know the final outcome.

Selling dealer is taking the tractor back no problem. The whole issue that started the thread is settled.

 

[cavedweller29]

Now that's just silly.

The dealer is who advertised the tractor as having "X" number of hours, and sold and delivered it as such.

When you harvest the fruits of that representation and advertising, the representation and claims need to be true, or it's a clear cut, breach of contract situation.

The dealer made good on it because he knew he was responsible, or at least negligent in that representation.

To say the dealer could sue and win "significant damages" is just ignorant. Ignorant of legal civil process law, anyway...

In order for the dealer to have litigious claim, the defamation would have to be 1) False. 2) proven in a court of law that a specific dollar amount of damages occurred.

A dealer wanting to keep his dealership brand also doesn't care to have stuff like this getting to the manufacturer he represents as a trustworthy merchant of their products.

I also must have missed where any dealer in particular was even mentioned by the OP about this transaction.

Also, the fact that the dealer made it right doesn't indicate that they were "responsible, or at least negligent in that representation" anymore than a grocery store paying off a fake slip and fall. It is just the easiest route to take.

 

[Atypical_decorum]

You would have to prove that they "intentionally" misrepresented the hours and, that they knew the actual number of hours actually on the machine. If you buy a used car, use it for a few years before reselling it, and then the new owners find out that the odometer had been tampered with, did YOU commit fraud?

You need to go back and read.

 

[cavedweller29]

Selling dealer is taking the tractor back no problem. The whole issue that started the thread is settled.

I always read from page 1 to get the whole story. I didn't realize that it was settled until a minute ago. Thanks though.

 

[cavedweller29]

You need to go back and read.

You need to realize I am reading...from page 1.

 

[Sir Sandwich]

This post was highlighted in an email this morning, so I gave it a chance. I'm so glad I did, and I want to say thanks to so many people here, since it reconfirmed my desire to NOT post in these chat groups.

It is sad a man, admittedly with few friends (same here buddy), cannot come to a group with similar interests trying to get a little help and advice and gets the treatment he has gotten. Sure, if he would have gone to look at the rig before buying it, this post wouldn't be here, but this was where he was at when posting. It's awesome all you people saying he should have seen it first, haven't made a purchase mistake before, so many keyboard warriors everywhere.

The few in the early pages of this tread saying OP should have an end game ready when talking to the dealer was a great suggestion, and the one guy trying to ask what some things are to look for use/wear other than hours was spot on, and trying to get the conversation back to where it needed to be was great!

OP - This seems like a pretty awesome outcome all things considered! I know the loss of $1,100 is nothing to sneeze at, but for this dealer to offer the shipping back really says a lot. The mistake ad of 1550 to around 2k does seems like an honest goof.

Hey, if you deliver it back from NYC to Mississippi, on that 8 hour drive, if you come through east Tennessee, lunch is on me! Just so you know I've read through the whole post haha

Good Luck with the new search, and I hope to see where you gotten something that works and its not a 33 pager.

 

[4570Man]

What city is this dealer located? I sure don't want to be doing any business with him!!

This dealer made a simple mistake. He admitted the mistake, returned the tractor and paid the freight. He’s as stand up as they come. I don’t know what more you could expect from a dealer. I’d buy from this guy with no hesitation. The dealer had no legal obligation to do anything especially before he admitted the tractor had at least 2k hours. He could have told the OP to pound sand and done nothing.

 

[rockinbbar]

Well, after 30 years in the legal field, I can pretty comfortably disagree with you.
I agree with your points on what would result in a judgment in court. If the dependent claimed fraud, which he has said in this thread, he would need to PROVE the fraud. Just saying that he thinks the dealer intentionally misrepresented the tractor doesn't prove anything. The damages would be quite easy to prove at some level. The plaintiff doesn't need to prove the absolute maximum loss unless that is what they were asking for. If they had customers look at a tractor and then change their mind due to hearing about the "fraud", that would be easily provable damages. A few people doing that could raise the damages quite quickly. Then you have the fact that many jurisdictions don't require exact damages to file. In our court system, all you have to do is file for damages under $25k or over 25k. You could later specify that you were asking for 10 million but to get the ball rolling, you check one of the 2 boxes I mentioned above.
If there is proof that the dealer committed a fraud that us one thing and, you would be correct. If the dealer listed the hours displayed, THAT isn't fraudulent unless he knew abd it could be proven that he knew it was inaccurate.
If I'm not mistaken, he posted the listing for the tractor which would list the seller.
Finally, I started reading the post from page one and I am commenting on the posts as I come to them. I don't know the final outcome.
Care to point out anything I said that was inaccurate in this comment?

I'm pretty sure you're an internet, shadetree legal "ex-spurt"... And here only to troll.

Your "legal field" didn't cover contractual law?

I sure won't engage you in legal discourse of which you obviously know nothing about.