Re: Whos fault is it?

Posted by JD Seller on August 04, 2016 at 11:12:37 from (208.126.197.230):

In Reply to: Whos fault is it? posted by CornHead on August 04, 2016 at 09:01:57:

IF you sold it "As-Is" then your safe as long as your paid and have not done any repairs since the sale. What I mean by that is if you went out and added water an checked the tractor out you may have negated the "As-is" sales protection.

I had a fellow buy a tractor from me "As-is". He took it home and used it maybe one hour an the generator locked up. I had a good used one so I went and put it on for him. The old one just had a bearing lock up on it. So not major repair. I did not hear from him for several months. All of a sudden I get a letter telling me the motor was leaking coolant into the oil and I was liable for the repair/rebuild. He never told me about any trouble and took the tractor to a competitor of mine. That fellow told him the engine needed a complete overhaul and the parts where shot. This JD 3010 had less than 500 hours on a complete major. The sleeves still had the cross hatch in them., All that had happened was a sleeve oring was cut when it was installed. The bearing where not even hurt. All it needed was new sleeve seal rings, head gasket and maybe lower bearings. The fellow did a complete overhaul to the tune of $3500 parts and labor. I only sold the tractor for $5500. We went to court. I lost. The court found that my replacing the generator "implied" a warranty. I had to pay 50% of the repair bill.

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