Walter Buller
Member
Here's one for the books that I'll bet none of you have ever experienced. About a year ago I sold a MF 135 diesel tractor to a man in another city. He test drove it for 30 minutes prior to buying it for $3400. Neither of us could see anything wrong with it. The next day, after he used it for several hours in a 200 acre hayfield, he called me to report that it was leaking a little oil from the valve cover gasket and a rear wheel seal. I offered to replace the seals if he would buy them even though the Bill of Sale stresses that there is no warranty of any kind, period. He refused my offer, and demanded his money back. 3 months later his lawyer writes me, stating that the tractor now has several more leaks. About 10 days ago the trial took place. Judge Chutz ruled in favor of the buyer, stating that old tractors come with a 3-5 day warranty, regardless of what the Bill of Sale says, against any defects whatever. He even awarded the buyer $1000 in attorneys fees. I have asked about 25 lawyers, the Louisiana State Police, two local antique tractor clubs, every equipment dealer in the area, and researched state and federal law. None of these sources turned up even a 3-5 MINUTE warranty on an antique tractor, much less a 3-5 day one. It is apparent that Judge Chutz punished me for not hiring a lawyer. I filed a Motion For A New Trial. Judge Chutz is a candidate for the Court of Appeals in the upcoming election. The State Police told me that there is no need for a Bill of Sale on a used tractor because they are sold strictly on an "as is" basis. This is the first time this has happened to me in 25 years of fooling with these old tractors. I am quite outdone about it.