Problems with salvage tractor. Advice needed.

[Tkekic]

2020 Kubota MX5400 550 hrs. I have a $10,000 repair on it. Turbo bearing failed spraying oil into the EGR system destroying both. Here is the question. Turns out that Kubota declared the unit a total loss because of an apparent insurance claim. Records from Kubota say that the unit was donated to an auction after it was scrapped. The dealer I purchased the unit never indicated that there was a problem with the tractor. I paid what seemed to be reasonable market value. Seems to me that I should have been told that the unit had been scrapped. Doubt very much that I would gone ahead with the deal. Did the dealer commit some sort of fraud? Is there a requirement that the seller has to declare that the unit has been scrapped? Do I have any recourse legal or civil in this matter. Welcome input from any source. I really am at a loss as what to do. Never had anything like this happen to me before.

 

[dodge man]

Seems to me it should have been disclosed. On cars and trucks it’s legally required I think. Tractors I’m not sure. Ethically they should have.

 

[EarPlug]

Hear is an AI response to the question - does an Equpment dealer need to disclose a tractor is a salvage unit in Ohio

Yes, in Ohio, an equipment dealer is legally required to disclose in writing if a tractor is a "rebuilt salvage" vehicle to the retail purchaser before the purchase agreement is executed.
This disclosure is crucial for consumer protection and helps ensure buyers are aware of the vehicle's history.
Here's why this is important

• Consumer Sales Practices Act (CSPA) violation: Failing to disclose that a vehicle is a rebuilt salvage can be considered a violation of the CSPA, which could allow the purchaser to demand rescission of the purchase.
• Specific Disclosure Form: Ohio law mandates the use of a specific disclosure form. This form must include details such as the vehicle information (year, make, model, VIN), a notice that the vehicle has a "rebuilt salvage" title brand, and an explanation that the vehicle was once salvaged but has been restored and inspected by the Ohio State Highway Patrol, The customer must read and sign this form before signing the purchase documents.
• Title Defect Recission Fund: The Title Defect Recission Fund in Ohio provides refunds to purchasers in cases where a vehicle's certificate of title indicates it's a rebuilt salvage vehicle and this fact wasn't disclosed in writing to the consumer.

In essence, honesty and transparency are essential when selling rebuilt salvage tractors in Ohio. Dealers must provide clear and timely written disclosures to protect both themselves and their customers.

 

[oldnslo]

Since went through an auction I doubt you have a leg to stand on.

If was purchased directly from Kubota dealer with no auction involved then yes I believe dealer would have some liability.

 

[RjCorazza]

While it's a tough pill to swallow, I always viewed auctions as a "as is, where is" deal. I suspect there is wording to that effect somewhere in the auction company's agreement with bidders.

 

[dodge man]

Maybe I’m reading the OP wrong. I get the idea he bought the tractor from a dealer that had bought it at an auction.

 

[RjCorazza]

Maybe I’m reading the OP wrong. I get the idea he bought the tractor from a dealer that had bought it at an auction.

Yikes! I misread the op's post, it does appear that he bought it from a Kubota dealer that bought it at auction.
I don't know what the ramifications of that are, but it is certainly an entirely different situation.

 

[dodge man]

He bought it from a dealer but was it a Kubota dealer?

 

[Tinhack]

If the dealer committed fraud, he can get 3X costs plus. Perhaps the dealer will replace it free of charge.

 

[jimglassford]

Tractors don't have titles because they are off highway so the term "rebuilt" does not apply. Kubota did not write it off due to an insurance claim, they wrote it off due to a warranty claim. The two are very different. As for the AI response for the state of Ohio, AI is flawed when it comes to actual facts and interpretations. Since you purchased it from an actual dealer, you signed a purchase agreement. What does that say? If it states AS-IS or states there is no warranty, you are SOL. If the sales agreement states that the dealer is unaware of any problems with the used tractor, you may have a case. A tractor with a seized turbo will not run properly so anyone who has operated a tractor, such as the person driving the tractor onto or off of a trailer or around their yard, would know.