Just arrived and hour meter is broken

[NoTrespassing]

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.

Sir,

I've seen a lot of people get a lot of good advice on this website. One just has to be able to take the unwarranted criticism with a grain of salt. Like I always say, I cannot be insulted by someone whose opinion I do not respect.

I may be the poster you are referring to that asked what other signs of use/wear to look for. Thanks!

I wouldn't worry about asking for advice here, as long as you can ignore a few negative Nancys. It's been worth it to me several times.

Kevin (NoTrespassing)

 

[Atypical_decorum]

Have you considered a full sized used backhoe? Buy it, use it for the grunt work then sell it for what you paid for it. If you're moving dirt and you are looking for a jack of all trades / master of none a full sized 4wd construction backhoe with a 4 in 1 bucket is about as versatile for a one machine to do many things as you can get. To get in your budget it will have 3,000 plus hours. Will likely have a leak or two and some slop, but if you are prudent you can find one even with 5,000 hours that isn't worn out. You have to look hard and wide but one retired from a municipality that was taken care of with 5,000 hours will be in better shape than a rental used loading road salt with 1,000.

I just quickly scanned through interweb to find an example, I know nothing about nor do I endorse this machine below. Just showing an example of what I'm talking about -

2004 Case 580

I've thought about that. I've already got a backhoe arm for the tractor. And it a little worried about it on the slopes. My dad offered me his for 25k, but theres a good chance of rolling and waking up dead.

 

[Torvy]

^agreed. Sometimes, with a certain twisted sense of humor, you can enjoy some of the machinations as people flay other people's decisions without a bare minimum understanding of the situation. It is endemic of the human condition and can be quite enlightening. You see, these same people exist in the rest of the world, too!

Thanks to all who have ever given me advice or whose advice to others I have read. It may not always be right, but with a few notable exceptions, is given in a genuine effort to help others. My sincere and heartfelt thanks. As we say down here...I appreciate you.

 

[Atypical_decorum]

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.

You are correct, which is why they're taking it back. Plus they turned out to not be D bags.

I never mentioned the dealer or city they are in.

 

[Sir Sandwich]

Sir,

I've seen a lot of people get a lot of good advice on this website. One just has to be able to take the unwarranted criticism with a grain of salt. Like I always say, I cannot be insulted by someone whose opinion I do not respect.

I may be the poster you are referring to that asked what other signs of use/wear to look for. Thanks!

I wouldn't worry about asking for advice here, as long as you can ignore a few negative Nancys. It's been worth it to me several times.

Kevin (NoTrespassing)

I had so many things running through my head to say, thats what I could get out without writing a book. haha. Thanks for your comment Kevin, and I would totally agree, there are many here that do offer wonderful advice. Most of the time I find answers without having to post, maybe that's why I have one post in over a decade ouch

It probably was you, and great job trying to get the post on task. Someone around page 15-18 had a great list, many things that made sense but might not have thought of in the moment.

Sorry, but it just grinds my gears to have to weed through so many comments to get some actual help for this guy.

I'm not here enough to know who is a regular and goes out of their way to help people and get not one thank you for helping, I'm guessing you're one of the good ones Kevin. Thanks to you and any others that are, you guys are the few that make life better for so many.

 

[4570Man]

I've thought about that. I've already got a backhoe arm for the tractor. And it a little worried about it on the slopes. My dad offered me his for 25k, but theres a good chance of rolling and waking up dead.

I’ve had full size backhoes before. They’re not that good on soft ground and they’re not that stable on hills either. I’d say about 10 degrees sideways is the top end of their safe sideways slope ability. I have a mini excavator now that’s far better in either condition. If you keep the boom in a smart position you’d probably starve the engine of oil before it rolled.

 

[Atypical_decorum]

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?

The ad is gone.

This is simple. Advertised as 1500hrs. It does not have 1500 hours. This isn't really rocket surgery. That is why they are doing the right thing and taking it back.

I've had people say they worked 30 years in a hospital... That doesn't mean they're Dr. House. They were environmental services. I wouldn't take advise on my appendix from them....

 

[Atypical_decorum]

I’ve had full size backhoes before. They’re not that good on soft ground and they’re not that stable on hills either. I’d say about 10 degrees sideways is the top end of their safe sideways slope ability. I have a mini excavator now that’s far better in either condition. If you keep the boom in a smart position you’d probably starve the engine of oil before it rolled.

That sounds right.

 

[Thing]

Just a heads up... I bought a Yanmar and the hour meter doesn't register below 2000 RPM. It's a 1988 and showed 725 hours. I usually run around 1800. So in 2 years the hour meter never moved. Recently I started running at 2000 rpm and it actually registers the hours now. Not sure if this is a flaw, or standard

 

[Torvy]

That would be a flaw. As you say, you have many more hours below 2k. Mine registers at all rpm.

Also, modern tractors with certain required devices need to be run at 2500 or so. Enjoy the ability to run lower without causing problems.