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Question on Sale of a Used Tractor

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JerryPayne1967

Junior Member
What is the name of your state (only U.S. law)? Alabama

I sold a Used Tractor to a gentleman 2 weeks ago. I listed it on craigslist and he called me very soon after I listed it and made me an offer over the phone and I accepted. He came down and looked it over and paid me the agreed upon 25,500.00. I was up front with him and told him everything I knew about the tractor. Now he calls and says that part of the front end loader had been cut and welded at some point and he may contact his lawyer because I told him that nothing was broken on the tractor. When in fact I did mention all the defects that I knew about when I talked to him on the phone the first time. The tractor worked fine for me and I didnt know it had been fixed. What should I do? I might add I bought it used as well.
 


JETX

Senior Member
What should I do? I might add I bought it used as well.
Absent notice of a lawsuit, you don't have to 'do' anything. Unless you made a specific claim as to quality, warranty, etc., your sale is 'as is'. From your post, he had every opportunity to view the goods before purchase.

caveat emptor
Latin for "let the buyer beware." The basic premise that the buyer buys at his/her own risk and therefore should examine and test a product himself/herself for obvious defects and imperfections. Caveat emptor still applies even if the purchase is "as is" or when a defect is obvious upon reasonable inspection before purchase. Since implied warranties (assumed quality of goods) and consumer protections have come upon the legal landscape, the seller is held to a higher standard of disclosure than "buyer beware" and has responsibility for defects which could not be noted by casual inspection (particularly since modern devices cannot be tested except by use and many products are pre-packaged).
 

JerryPayne1967

Junior Member
That's what I was thinking. The tractor is still under the factory emissions warranty but I never implied that I personally warrantied the tractor for anything. Nor was there anything in writing such as that. We wrote out a bill of sale and he was on his way. I am aware that anyone can sue anyone over anything but I feel pretty confident that I would be safe in court. When he called to complain and told me he would contact his attorney I was getting ready my daughter ready for her prom and had him on speaker with my wife and wife's friend in the room. He even stated himself, "It is partly my fault, I looked over the tractor real good but I didn't look at the loader as good as I should have." When I said what should I do, I had thought about talking to a lawyer but I figured he might give me the same advice I have found here. I have bought cars and stuff in the past and found things wrong later. I figured that was my fault for not checking it out better. I guess I will just wait to see what move he makes when I tell him he bought the tractor as is.
 

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