100% correct. If you weld on or modify the ROPS in any way, your tractor becomes unsaleable or not being able to trade it in. It's yours forever. If you sell it privately and the new owner has a roll over and the ROPS fails, you are wide open for a PI lawsuit.
Just because they can Sue you does not mean they would win. they would have to prove it damaged the rops.
It would be next to nothing to have a lawyer draw up a binding waiver of liability...
Many of the newer tractors have the tamper resistant fasteners now on the ROPs. Taking the ROPs off to sell the tractor now opens a new can of worms and greater liability as the safety system was deliberately removed.
I'm not advocating the removal or doing anything like boring holes or welding etc. to a ROP system...
That could work in some states, not all. And if the person buying the machine is planning to do a refurb and quick resale without passing on the clauses the legal loop hole is no longer valid. Then it's 2 or more parties affected for liability.
You're way over thinking this...the second owner would do the same and have their own liability waiver as the first or they could simply be liable...no way the "first" owner would be liable via the original waiver document...
You really think so of the 2nd intern owner? I know of people who just flip vehicles buying low and then posting the vehicle up for sale within hours to resell without passing anything else over but the title and keys. They don't even have their name on the title, just the original owner. Thus, when the 3rd person get it, has issues, the 1st owner's SOLD AS-IS is useless. And the 2nd flipper person is nowhere to be found. The 2nd person can sign any ID or name and phone. Makes the deal feel legit. All it takes is a single flipper aka crooked person to get into a deal.
After the original owner sells the machine... they are entirely out of the picture...