Consumer Law, Warranties Tractor Warranty

[avarose]

I'm from Wisconsin and I bought a tractor from PA. In the agreement he said the tractor was in excellent condition and recently serviced. There was a 60 day warranty on the tractor but he put in writing, the motor and trans. We got the tractor in the dark at 5 am so couldn't see it. The duals were 38's instead of 42.s . The front ratio of the tractor was wrong so we had to get different fronts plus 42 inch duals. He said he fixed the control panel in the cab but never did. I emailed him and called but he wouldn't answer. We couldn't use the tractor because there was always something wrong. We stuck 15000.00 in the tractor and we finally got to use it this fall only to get an extreme oil leak which we can't afford to fix. We got the tractor in May but first got to use it in Oct. and only for 4 days. Is there anything we can do?

 

[Michael Wechsler]

I'm from Wisconsin and I bought a tractor from PA. In the agreement he said the tractor was in excellent condition and recently serviced. There was a 60 day warranty on the tractor but he put in writing, the motor and trans. We got the tractor in the dark at 5 am so couldn't see it. The duals were 38's instead of 42.s . The front ratio of the tractor was wrong so we had to get different fronts plus 42 inch duals. He said he fixed the control panel in the cab but never did. I emailed him and called but he wouldn't answer. We couldn't use the tractor because there was always something wrong. We stuck 15000.00 in the tractor and we finally got to use it this fall only to get an extreme oil leak which we can't afford to fix. We got the tractor in May but first got to use it in Oct. and only for 4 days. Is there anything we can do?

I'm sorry to hear about your problem but I'm not sure what you can do. I have no idea what a "38" is or a "42" but the bottom line is that you had an ability to inspect the tractor but accepted it as it was. You might be able to go to small claims court with regard to some of the misrepresentations that he fixed things that you ultimately found out were not fixed. But with regard to the overall agreement, I'm not sure there is a way to just back out of it - nor does there seem a way to get your $15,000 back either. Perhaps it might be best to discuss settlement if he is willing or think about small claims if you really believe there was a misrepresentation. The bottom line is "let the buyer beware" of any issues that may exist and inspect what he/she is purchasing before accepting the agreement. Good luck with this.

 

[avarose]

The 42 's are tire sizes. The back tires were 42 inch and the duals should have been the same, not 38 inch. If a person went to small claims would he have to go to PA or could you file in Wisconsin? Thanks for your reply.