/ Just arrived and hour meter is broken #411
Good deal! Now that you got a mulligan you get to play that shot again. Good luck on your tractor search and purchase! Maybe (?) let us know how you fared?Final update. They wired the money back to me after they said they didn't know how to do that.
A shipper came and picked it up today.
Now I need a tractor.
Well, what I didn't say was that the speeds were a bit misrepresented too. It arrived as an 8spd, but was supposed to be about double that.Call that dealer back asking if they fix hour meter and replace tire you'll buy it back for
$25K free delivery & 5 yr. warranty!
Assuming that's a 5085M, those are well regarded tractors around here and commonly used by municipalities for mowing and utility things. It a common large farmer "smaller" tractor for things like pulling carts, utility and loader work. I don't recall one breaking down or any strange issues.I had a predecessor version 5520 and it was a wonderful pre-emission powerhouse. Heavy, strong castings, powerful engine and beefy trans. There are still lots of those 55 and similar series around, such as 5520, 5525 and up with reasonable hours. I've seen enough with 9,000+ hours on grain farms to notice.Well, what I didn't say was that the speeds were a bit misrepresented too. It arrived as an 8spd, but was supposed to be about double that.
I'm currently looking at a JD 5085 low profile with the heavy duty FEL and 1000hrs, but it's got DEF and that makes me a bit leary - it's a whole additional system that can go wrong. Theres not much out there otherwise and hasn't been for some time.
In 6 months it'll be someone else's issue. I have to find a new tractor now.
I was thinking of getting some projects done while I wait for then to get it, but I'd be so mad at myself if something broke. So it's just parked until the driver comes.
Your tractor is increasing in value every time you are using it.Although I would be completely honest if I ever sold my X495, as I was putting it away one day, I noticed the hours read 499.8 and clicked over to 499.9. I sat there for a minute or so thinking I'd watch it click over to an even 500. Then I thought, this is silly, I'll just watch it happen next time I use the machine. The thing is, next time, when I turned it on the meter read 99.9 - the 4 had disappeared! Then, when it came time to click over to 500, the hour meter went back to 0.0! Since then, I've put another 700+ hours on it, with the hour meter reading just the 700-odd.
If you have read the posts since page one you would have found out in #246 that the issue has been resolved.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?