30 year old ag tractor purchase, stated condition

[ranch1]

What is the name of your state? Nebraska

If this is not in the right place, please tell me where to put it.
Is one party recording of person to person conversations legal here? I know it is over the phone, but don't know about in person.
I purchased a tractor for $10950. It was stated that everything was guaranteed to work and in good condition, it was advertised in good condition. But of course the contract says as is. Conditions of the purchase were that they would check out everything and make sure that it was good, motor, hydraulic pump (to raise things up and down for instance attachments or loader, steering, and brakes, etc.). There was a fuel leak, exhaust leaks, and many hydraulic oil leaks. They were supposed to fix all problems, part of a work order that he signed and kept all copies. A week after purchase they delivered the tractor, he drove it off the truck and drove away. I drove it into the yard and checked the hydraulic oil level, it was too low, and the oil that was in there was very hot. I am very familiar with these types of tractors, and I called them on it, it had no use at all by me yet. They came back and picked it up. I gave them a typed list of things that were still wrong with it that they didn't fix, and were supposed to. I told them that the hydraulic oil was hot, and I told them to fix the exhaust leak that they didn't fix yet. I also told them it starts a lot harder than it is supposed too, very difficult when cold to get it running. They came and picked it up without calling when they were coming. They ended up having put the wrong seal in, so that was their fault. They kept it for almost three more weeks (just shy of one month after I purchased it to use). When they brought it back, they didn't call when they brought it either, no exhaust leak fixed like they said, the diesel exhaust comes back into the cab, if you know what that smells like, plus If I didn't have the windows open I would have more than a headache among other problems, like passing out, death..., etc. They never checked out the hard starting. Also the hydraulic oil still was extremely hot very fast, like I told them in the note I mentioned before. The oil is supposed to be hot when in use, but not as hot as it gets. I also saw that they had been turning an adjustment screw on the pump, I looked at if before they took it, there is paint off of it, that means that the pump wasn't set right when they had it, this adjustment can wreck the pump. I ran it for short amount of time to check things out, the hydraulics also "flowed" slower than they should. It then blew out a steel line after very little use.
They replaced most of the hydraulic orings in the tractor, in the steering etc. If I would fix the line, and keep running it, the same exact things would all need replaced, the pump was the cause of the problems before. There is no doubt the pump is bad, the oil is too hot, it caused the orings to be replaced when they had it. They stated that the tractor was in good condition and that everything worked, and there was nothing major wrong with it. That is reflected in the price, ones with any types of problems bring much less, ones that are in good condition are no more than this one. I contacted them, and of course they say they don't want anything to do with a $1200 replacement pump, or maybe $1000 for a used one.
This is a dumb question I know, but it's five weeks since I bought the tractor, there have been many other problems besides this, and I basically haven't gotten very much use out of it. Do I have any kind of standing in this as far as them fixing the pump, exhaust leaks, or anything? I have most phone conversations recorded backing up what they say as far as the condition of the tractor.

 

[BelizeBreeze]

What is the name of your state? Nebraska

If this is not in the right place, please tell me where to put it.
Is one party recording of person to person conversations legal here? I know it is over the phone, but don't know about in person.

What do you consider " tortious purpose " is?

I purchased a tractor for $10950. It was stated that everything was guaranteed to work and in good condition, it was advertised in good condition. But of course the contract says as is. Conditions of the purchase were that they would check out everything and make sure that it was good, motor, hydraulic pump (to raise things up and down for instance attachments or loader, steering, and brakes, etc.). There was a fuel leak, exhaust leaks, and many hydraulic oil leaks. They were supposed to fix all problems, part of a work order that he signed and kept all copies. A week after purchase they delivered the tractor, he drove it off the truck and drove away. I drove it into the yard and checked the hydraulic oil level, it was too low, and the oil that was in there was very hot. I am very familiar with these types of tractors, and I called them on it, it had no use at all by me yet. They came back and picked it up. I gave them a typed list of things that were still wrong with it that they didn't fix, and were supposed to. I told them that the hydraulic oil was hot, and I told them to fix the exhaust leak that they didn't fix yet. I also told them it starts a lot harder than it is supposed too, very difficult when cold to get it running. They came and picked it up without calling when they were coming. They ended up having put the wrong seal in, so that was their fault. They kept it for almost three more weeks (just shy of one month after I purchased it to use). When they brought it back, they didn't call when they brought it either, no exhaust leak fixed like they said, the diesel exhaust comes back into the cab, if you know what that smells like, plus If I didn't have the windows open I would have more than a headache among other problems, like passing out, death..., etc. They never checked out the hard starting. Also the hydraulic oil still was extremely hot very fast, like I told them in the note I mentioned before. The oil is supposed to be hot when in use, but not as hot as it gets. I also saw that they had been turning an adjustment screw on the pump, I looked at if before they took it, there is paint off of it, that means that the pump wasn't set right when they had it, this adjustment can wreck the pump. I ran it for short amount of time to check things out, the hydraulics also "flowed" slower than they should. It then blew out a steel line after very little use.
They replaced most of the hydraulic orings in the tractor, in the steering etc. If I would fix the line, and keep running it, the same exact things would all need replaced, the pump was the cause of the problems before. There is no doubt the pump is bad, the oil is too hot, it caused the orings to be replaced when they had it. They stated that the tractor was in good condition and that everything worked, and there was nothing major wrong with it. That is reflected in the price, ones with any types of problems bring much less, ones that are in good condition are no more than this one. I contacted them, and of course they say they don't want anything to do with a $1200 replacement pump, or maybe $1000 for a used one.
This is a dumb question I know, but it's five weeks since I bought the tractor, there have been many other problems besides this, and I basically haven't gotten very much use out of it. Do I have any kind of standing in this as far as them fixing the pump, exhaust leaks, or anything? I have most phone conversations recorded backing up what they say as far as the condition of the tractor.

you have had the tractor for 5 years. it's a done deal.

 

[ranch1]

What?

I tried googleing tortious purpous and no luck figuring out what that means yet after reading for ten minutes, I guess I'll have to keep looking to figure that out, would have been nice to have a yes or no answer as to whether that part was legal. As I said I know Nebraska is a one party state for phones, and I record phone conversations so that I can't be lied to, I don't see anything wrong with that. I see something about criminal intent, if I were to record a person to person conversation, I wouldn't be trying to use it for criminal purposes?

You said I had the tractor 5 years? I don't understand what you are talking about, I've had it barely a week, that's what I said, nothing about years. It had some of the problems I mentioned the first second on the truck, before they took it off. I sure wouldn't have asked after five years? It took them almost one month total to get it to me. It's not quite 5 weeks total since I initially bought it. I told them the oil was getting pretty hot the first time they brought it before it had been used (at all), also the adjustment screw they turned could have wrecked the pump, and pumps don't just blow up overnight on their own, it takes time. As a condition of the sale they were supposed to make sure the pump was good, they have gages to hook up and test the pressure and flow rate. If going bad that would have caught it had they have done it. The pump, to get as bad as it is, would have had to be going out for a long time, and they should have caught it. I'm not saying that as a regular person that knows nothing. I know exactly how the pumps work. The pump will still function, it will just get the oil to hot, and things like lines, rubber orings, steering will eventually fail. Thank you for taking the time to answer my question.

 

[BelizeBreeze]

You're right, I misread the 5 weeks part. however, you still said the bill of sale said "as is" and unless the dealer allows you to return the tractor, you will have a hard time getting a court to award you damages.

At this point, the only advice I could give you was that you should not have taken delivery of the tractor or signed for receipt of it until all problems had been fixed or at the minimum, a signed acknowledgement that the dealer would fix all of the problems before exercising the contract.

 

[ranch1]

Well

I did not sign anything since the original purchase, nothing when dropped off. I only signed the contract stating purchase it is a "general retail purchase order", and the work order for repairs, and the financing papers. That is all necessary in order to start the process. I mentioned the exhaust leak when they dropped it off the last time, the truck driver knows little about it. You can't really look at it while sitting on the truck, and the truck driver only waits around a couple minutes, that isn't long enough. They were supposed to check over the hydraulics and things I mentioned, that was on a signed paper, but he did keep the paper because there was only one copy that I saw but don't know, it was a work order and that is usually the way they do it so I didn't think much of it. Sometimes that is done without a signature or over the phone with other dealers. They just sent me a receipt of the initial work they did, total for parts and labor, I didn't have to pay for it, but it was a regular receipt, it states they replaced orings and worked on the steering, and other things. As I said, a bad pump will damage the exact things they just replaced. I sent back that list I mentioned with the truck driver when they picked up the tractor the first time, it mentioned everything I have here including the hot oil. They received it and worked on some of the things I mentioned, they knew of all of the problems while still in their possession, they delivered it with the same problems. That document I have saved on my computer with the last edited date before they picked it up, and I emailed myself a copy. Does any of this make a difference? Thank you!! I know I don't probably have a leg to stand on, and it's probably like a used car, but after trying to be sure it was checked over, having this kind of expense when I didn't break it is very frustrating.... I did not receive anything stating the results of their "test" on the hydraulic pump if they did it at all by hooking up the gages.

Also wondering about the motor starting hard, they said that was in good condition, low usage (measured in hours instead of miles on a tractor). It starts when it's warm out, but when it's cold it starts much harder than it is supposed to. Like I said, it has way more problems than it should for the price range it was in, especially the condition they represented, and me basically not using it yet.

You're right, I misread the 5 weeks part. however, you still said the bill of sale said "as is" and unless the dealer allows you to return the tractor, you will have a hard time getting a court to award you damages.

At this point, the only advice I could give you was that you should not have taken delivery of the tractor or signed for receipt of it until all problems had been fixed or at the minimum, a signed acknowledgement that the dealer would fix all of the problems before exercising the contract.

 

[ranch1]

well

I've been talking with other tractor guys in the area, they can't figure why they aren't standing by their tractor. I also talked with a mechanic from another dealer. As I said he said it is likely that the pump caused all of the problems with orings etc. before. I talked to a couple different people at that dealership, and they said they don't understand why that dealership is treating me that way.

I paid for a tractor with a good working motor (doesn't start when cold, takes 5-15 minutes of work to get it going). I also told them to make sure the hydraulics were good (they weren't). And to fix all exhaust leaks before they brought it (they didn't). The things I mentioned were written down on papers they have, and all of these problems again were reported to them in a letter after the first delivery, and before they came the 110 miles one way to come pick up the tractor again. If you are still saying I have no standing to do anything, even if I didn't get a tractor in good working condition with low hours, as was stated on the advertisement, and in person, with all things functioning properly as stated, then I don't know what to do. I don't understand how a dealership can make a promise on condition and not deliver it.

You're right, I misread the 5 weeks part. however, you still said the bill of sale said "as is" and unless the dealer allows you to return the tractor, you will have a hard time getting a court to award you damages.

At this point, the only advice I could give you was that you should not have taken delivery of the tractor or signed for receipt of it until all problems had been fixed or at the minimum, a signed acknowledgement that the dealer would fix all of the problems before exercising the contract.