For the price of most backhoes I can't imagine not taking the time to take it off the trailer for a test drive. If the seller is confident in the machine he would not mind doing that.
I would only add this to what JimN adviced, try to get the seller to aknowledge the implied warrantee in writing via email or most answering machines have the ability to record by simply pressing the memo button.
It is all going to depend on your relationship with the seller
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Today's Featured Article - Identifying Tractor Noises - by Curtis Von Fange. Listening To Your Tractor : Part 3 - In this series we are continuing to learn the fine art of listening to our tractor in hopes of keeping it running longer. One particularly important facet is to hear and identify the particular noises that our
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