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Auctioneer has to be careful what he says these days

L

LAA

Well-known Member
A guy I know who is an Auctioneer told me that himself and the man whose equipment he was recently selling are both being sued by the buyer of a tractor for false advertising, apparently for stating in his pitch that the tractor's rear tires had ''80 %'' tread. The suit alledges that referencing a unit of measurement, such as a percentage, means that the seller or agent of the seller is guaranteeing that the statement is true as opposed to just being an opinion. By that logic I guess telling someone that slick tires are ''like new'' would be an opinion and therefore would not be false advertising. The buyer had every opportunity to look at the tires and presumedly did so, he even paid for the tractor but never picked it up and then actually filed a suit. I cannot imagine a scenario where the plaintiff could actually win, but who knows?
 
It was an online timed auction but it was advertised with photos and videos for 21 days plus the tractor was available for inspection, which was encouraged, for the entire time.
 
Probably be cheaper for the auctioneer and owner to split the cost of new tires at this point. Be cheaper than litigation.
 
Should be able to find out what the new tread depth is on a new set of tires of the same make and model. Then measure what they have and figure the difference.
 
Figured it was an online deal.

Lot of newbies that watch those and are not familiar with the term 'buyer beware' and so forth. Thry have too high an expectation of what an auction is, but that said the auctioneers do like to oversell their stuff and then hide behind 'don't trust anything we say it's all on you' deal too. Not really ethical situation they have formed for themselves.....

Used to be when the auctioneer billed the seller then they represented the seller only; but now so many have buyers premiums, if I'm footing the bill tacked onto my purchase they better be representing me then as a buyer......

Paul
 
No matter, that is simply insane!! ...Is just another scam that someone has dreamed up by using and twisting the laws in their favor, and then having a crooked enough lawyer to pull it off.
 
Legal descriptions,legal agreements and law suits are a part of our free enterprise system, and have been since 1776.
It only seems unfair when one is on the side that thinks it is unfair...hey wait....that is why there is a lawsuit...both sides think it is unfair.
 
Well T/A 's are like Dodge Automatic trans missions , you have the one that is already out and ya have the one that just left the dealership that is going out . it's like this IF MAN MADE IT IT WILL FAIL. Myself i love buying I H tractors with the T/A out , then i can install a new one and not worry about it for a LONG TIME . Most of the tractors i have bought fixed and sold are still running on that T/A i installed 20 plus years ago . My good Friends 1066 is going on 25 years and the T/A is just now heading out to lunch. My 806 that i have had now going on like 22 years is still going and god only knows when that T/A was done .
 
Next thing you know, anyone trying to sell something, even on Craigslist, is going to be held liable for 100% accuracy in description. ...I think not! There are some folks who can't tell the difference between tires that are 80% tread vs. 20% tread. But still, it is up to the individual to ensure they are pleased with the product before they make a bid.

...Every auction flyer I've seen says, "[i:5c56284477]All items sold as is, no guarantees or warranties[/i:5c56284477]." However, it also says, "[i:5c56284477]Any statements made by the owners, clerks, auctioneers, take precedence over any and all advertising. Not responsible for errors or omissions in above listings. Not responsible for accidents[/i:5c56284477]." I guess someone figured there was a way to go after the auctioneer if they could prove misrepresentation. Still, it's insane!! I [u:5c56284477]refuse[/u:5c56284477] to believe that this lawsuit could ever win!!
 
He saw it, and he bid until he won the bid and then he paid for it but then he refused to take possession, if that scenario sounds nuts, your not alone, because it makes zero sense to me.
 
Anyone can 'file' a lawsuit, but why is it not reviewed as justifiable or not, by a judge. Then thrown out, or not...?
 
Most likely, the plaintiff does not want to "win" but rather to settle, e.g., back out of the deal or get some cash.

Stuff like this happens only (OK, just about only) in the US, due to the nnalert being in the hip pocket of the plaintiffs bar for decades.

Hopefully, some of this nonsense will be rectified within the next few years. I expect it's on the list.

Stay tuned.

Dean
 
Yeah.

A number of years ago, my wife and I put some antique dishes on an auction. A cut glass vase sold for $385. The buyer then talked to the auctioneer claimed he could see a crack in the vase, (no one else could), and wanted the price reduced. We had three choices, reduce the price, call it a "no sale", or re-sell it. Since it's doubtful it would have brought the same price the second time, we called it a "no sale".

The auctioneer told us, "I've had trouble with that SOB trying to pull that before".
 
ROFLMAO!!!

I think you could count on one hand the number of members of Congress who AREN'T lawyers. You think they'll turn on their own?

LOL That's might be the funniest thing I've ever read on here. ROFLMAO!
 
He says they might be OK when you shut them off and not work when you start them back up,so he won't claim they work.
 
It would be interesting to hear the other side of the story, there is probably a whole lot more to the story than what just one party is telling as he tries to protect his reputation. A good sales contract has provisions for either side to back out of the deal, that give both sides an incentive to be a little more honest than they might like. Selling online does put a extra burden on the seller/auctioneer to represent an item truthfully, an online buyer's only recourse is to back out of the sale.

As others have said, treat depth is easily measured and compared to new tread depth. Myself, I consider a claim of 80 Percent tread to actually mean 50 percent or better, 90 percent tread is often maybe 80 percent at best. But then I also consider the term "honest auctioneer" to be an oxymoron.
 
Not sure if this would hold water either. But what if the auctioneer took possession of the tractor, sent a refund for overpayment and just forgot about this nut. He gets the right whacko judge he could win this.

What was the policy on the sale bill for removal of items? If he is after the removal period he would not have to send any refund.
 
Dean will this sold as is and all the disclaimers hold up? Can they just not resins the same and do second chance offer if it's on line type of auction? Thanks
 
Dean ........... I have several acquaintances that are lawyers/attorneys .... they all sound very much like you do. They know EVERYTHING, and everyone else knows NOTHING. I believe most of you guys have taken at least an introductory course in "Know-It-All 101" back in your college (or mail order college) days.
 
Hey guys, cut Dean some slack, will ya?

Granted, chances are he's like "most" lawyers, right? *lol* But look again - he's been a YTer since 1998!! Give him the benefit of the doubt that he's not the ordinary, run-of-the-mill ambulance chaser/law twister.

We all know there are good attorneys out there. Thing is, we only hear about the bad ones. ...Actually, the worst-of-the-worst!! Being an attorney, he knows more about how "the system" works than most of us.....also, depending on what kind of attorney. Still, he has a slight bit(!!) more insight than the average 'me'. I'm certainly not gonna down the guy just because of his occupation.

With almost 16,000 posts here, how has he been in the past? Must be a likeable sort of guy, no?
 
Just like judges that should throw a lot of these idiotic suits out immediately that some dipsh!t was either to stupid to not let happen, or is just out for money. Thing is, the judges never do, they more often then not side with the idiot that filed the suit it seems.
 
Have wondered a bit about farm auctions, for example, that are open to online bidding. Almost seems like to include such bids, that an auctioneer would also need to update their "fine print" to include wording covering something like this. Might be something we start seeing in the VERY near future!

Still makes me see [color=red:bbbef347ac][b:bbbef347ac]RED[/b:bbbef347ac][/color:bbbef347ac] when these idiots do this!! :twisted: (<-- speaking of the bidder here; just for clarification)
 
More than willing. This could be a good learning experience for all of us. I want to know what's different "this time",what's gonna change and why I should think the courts would uphold whatever these changes are. I learn something new on here every day. If there's more going on here than just the run of the mill hero worship and wishful thinking,I want to know.
 
What's weird is, I've seen (personally) and also heard about so many seemingly verifiable wrong-doings where the folks just can't get an attorney for nothing. Yet some yahoo like this comes along and has one right away? Make you wonder if they just spend their time working "with" some idiot attorney, and all they do is go around looking for such things.
 
I agree it's overdue,but I'm jaded to the point of not ever believing anything out of a politician's mouth again as long as I live. I say it'll never happen,but if it does,feel free to rub it in.
 
You really have to wonder what a lawyer would charge for something like that vs what it would cost for a new pair of tires.
 
The size of the tractor was not given. A pair of steering tires for a small utility tractor would hardly be worth the effort. Eight 18.4-38 or larger radial tires on a large articulated 4WD could be worth hiring a lawyer for, even at $250 plus per hour.

Dumb question: what would be an auctioneer's sale commission on a $100,000 tractor?
 
Everything he does has to go through politicians. If you think he has a magic wand,more power to you. He hasn't got anything through congress yet. To think he'd get something as trivial as this past them is a pipe dream.
 
I just as some round bales, advertised as 5x5 graddd hay. I better measure each of them and say my contain other plants,weeds and possible trash thrown from road.
 
"As Is" sometimes doesn't hold up in court.There was a case a few years back in PA at an auction where everything was sold 'As Is' and a tractor was sold in the Winter with just water in
the radiator so it froze and busted the block,the buyer sued the auctioneer and won.Now most auctioneers in PA will not sell a tractor that's not drained or guaranteed to have
antifreeze in it.The catch that this auctioneer may get caught on is he did say in fact it had 80% rubber and if its only 60% a case can be made it was misrepresented.Try selling feed that not up to what is listed on the label like 16% protein and if its only 14% when its checked by the state ag man it'll be condemned in a heart beat.More and more the laws are tilting toward the
consumer just like Dean pointed out.
 
The tires are really good tires, I can't say whether they are 80% or not but, if they were on my tractor I would not wory about tires for a long time. The ''buyers remorse'' all started after the sale, either when the guy found out what it cost to have a tractor that size hauled home or maybe his wife was not happy with his purchase, it is a strange deal.
 
Well, having been to many auctions myself, nothing that an auctioneer says would surprise me unless he actually said something about the item that he was selling that was true.
I have heard the most fraudulent tripe come out of an auctioneer's mouth during his chant. Things like "top of the line," "high rubber," and even misrepresenting an item's condition. Like new, low miles, and the like. Many times, the auctioneer doesn't even know anything about the item he is selling. They make things up as they go to keep the chant going. I remember one was selling a car at a car auction. The car had an obvious bearing knock in the engine. Auctioneer tried to pass it off as a lifter, and that it just needed a can of "mechanic in a can" to fix it up. My trained ear of over 45 years told me different.
Even though I have several friends that are auctioneers, I think it is high time one of them got called out for making statements that misrepresent the item being sold.
My opinion.
 

You can sue anyone for anything at any time, but winning and collecting is another matter. I was sued several times as a result of arrests I made or other LEO functions, but never was found guilty of anything. I even got sued once for complying with a lawful court order and seizing a man's business ledger. It was eventually thrown out.

However, while you have litigation hanging over your head it is difficult to do anything regarding money. You cannot get a load on a car or house, or basically put any of you money into investments, etc. because of the potential for the suit to be lost.
 
Traditional Farmer -- We made our 2nd trip down to Arkansas a few years back and our truck broke down. Didn't have time to get it worked on so was forced to buy another. Ended up finding a 1996 Suburban that was a real beauty, had ZERO rust(!!), and very low miles. It cost a lot, but was worth it....until!

On our way home after Thanksgiving, we made it up to Grand Forks, ND when suddenly something went very wrong! Steam was blowing up from everywhere. Outside temp was in the lower teens, and there was a threat of shutting down the interstate due to hazardous conditions. Had it towed, which was a comedy in itself. With all the snow and ice, tow trucks were booked! So the owner of a company brought out his old (early 80's) Ford F-350 tow truck. We were a 3/4 ton Suburban, 4x4, with 454 engine and fully loaded! He tried lifting our truck and HIS wheels came off the ground! :shock:

Well, had the thermostat replaced, then headed home on the last leg of the trip - about 3 hours in that weather. Made it home, but next time I drove down to the mailbox, the engine started spewing out steam by the time I got back. Come to find out, the guys who replaced the thermostat only topped off the coolant with a little antifreeze. They never checked it, and neither did I when we bought it. I had told the dealer that we needed it Winter-ready upon delivery! Well, that tiny bit of antifreeze was the ONLY antifreeze in the engine!! We're so lucky the block didn't crack, as temps had gotten down to the teens below zero!

I drained everything I could, blew out what I could with compressed air and let it sit until I could get the parts. Replaced the hoses, water pump, gaskets, and changed out all the coolant (water!). Truck was FINALLY Winter-ready. Unfortunately, the sealer was over 2,000 miles away, so no way to go back after him. I just remember how he had this Bible sitting right there on his desk, out on display. I thought at the time how odd it was that it was turned facing the customer-side of the desk, but just discounted the thought. ....Live and learn!

This was our 'Burb:

310.jpg
 
(quoted from post at 20:38:52 07/08/17) Traditional Farmer -- We made our 2nd trip down to Arkansas a few years back and our truck broke down. Didn't have time to get it worked on so was forced to buy another. Ended up finding a 1996 Suburban that was a real beauty, had ZERO rust(!!), and very low miles. It cost a lot, but was worth it....until!

On our way home after Thanksgiving, we made it up to Grand Forks, ND when suddenly something went very wrong! Steam was blowing up from everywhere. Outside temp was in the lower teens, and there was a threat of shutting down the interstate due to hazardous conditions. Had it towed, which was a comedy in itself. With all the snow and ice, tow trucks were booked! So the owner of a company brought out his old (early 80's) Ford F-350 tow truck. We were a 3/4 ton Suburban, 4x4, with 454 engine and fully loaded! He tried lifting our truck and HIS wheels came off the ground! :shock:

Well, had the thermostat replaced, then headed home on the last leg of the trip - about 3 hours in that weather. Made it home, but next time I drove down to the mailbox, the engine started spewing out steam by the time I got back. Come to find out, the guys who replaced the thermostat only topped off the coolant with a little antifreeze. They never checked it, and neither did I when we bought it. I had told the dealer that we needed it Winter-ready upon delivery! Well, that tiny bit of antifreeze was the ONLY antifreeze in the engine!! We're so lucky the block didn't crack, as temps had gotten down to the teens below zero!

I drained everything I could, blew out what I could with compressed air and let it sit until I could get the parts. Replaced the hoses, water pump, gaskets, and changed out all the coolant (water!). Truck was FINALLY Winter-ready. Unfortunately, the sealer was over 2,000 miles away, so no way to go back after him. I just remember how he had this Bible sitting right there on his desk, out on display. I thought at the time how odd it was that it was turned facing the customer-side of the desk, but just discounted the thought. ....Live and learn!

This was our 'Burb:

310.jpg
Click to expand...

If you were in Arkansas winterized is protected down to about +20. Heck I was stationed at Ft Knox when the temps dipped below 0, -14 IIRC. All kinds of people were froze up because they were not prepared for that weather. I learned to drive and winterize a vehicle here in MN. The Army was always prepared for deployment so everything there was set up for extreme cold. But the local population was not prepared for temps that cold AT THAT TIME. Heck my first 2 winters there it snowed once and about +25 was as cold as it got.

As far as someone suing about what an auctioneer advertised? Well we have a couple of pretty bad ones here. One advertised a few tractors on a bill that I was interested in. Some running, others claiming engine free. Stuff like that. When I got there there were signs hanging on the tractors. "Doesn't run" on 2 that they claimed ran fine. "Engine stuck" on 2 that the engine were advertised as being free. On an 856 Farmall that they claimed was near perfect on the auction bill the sign read "low side TYA out, transmission shifting problem". I wasn't the only one who got there, looked and left. About time some of these guys got called out IMO.

Rick
 
The tractor conditions you describe and the Auctioneers advertising practices that you describe
could not be further from what happened here, as mentioned previously, the buyer had 3 weeks to
inspect the tractor, he had 24 photos and 2 videos as well, he bid until he bought it and then he
paid for it. Does that sound like deceptive sales practice to you?
 
I would agree there are plenty of dubious prosmises made and statements of fact that are not, but, in this case the buyer had several pictures of the tires plus plenty of time to inspect if any doubts. He bought the tractor and paid for it with free will, no one twisted his arm to bid and if he did not agree with the tire estimation he should have either not bid or asked for an adjustment, who would buy a 40,000 plus dollar tractor based on tire tread alone?
 
Old Tanker -- Rick, yeah, wasn't really too worried about trying to "go after" anyone, as it was ultimately MY responsibility to check everything out. I was just upset that this guy promised that the truck had been winterized for our conditions (down to -50F) when it wasn't. For what we paid for the truck, you'd have sure thought he could have done "something" though.

There's a bit more we found out about the truck later on, but still, not that big a deal. In the grand scheme of things, we got a good deal (in our opinion) on the purchase. Just didn't like having to pull over on an icy interstate broke down, just waiting for some yahoo to rear end us! Fortunately didn't happen.
 
> Just a guess here but I'll bet the guy who's trying to MAGA has some kinda tort reform in mind. It's way overdue.

Hah! For a second I thought you were serious. The idea that one of the most litigious people on the planet wants to crack down on his favorite method of retribution is hilarious.

When Vlad's Li'l Helper has talked about it, it's mostly been about loosening up US libel laws so he can go after the various news organizations that insist on publishing disparaging articles about him.
 
Anybody can sue anyone for anything. Like most of these stories about frivolous lawsuits, they make for interesting reading but not much else. Now, should the plaintiff prevail in court, and the case subsequently gets appealed to such-and-such court, and that superior court makes a decision that says auctioneers must be held to a high standard of accuracy, well that would be newsworthy.

We also are hearing only one side of the story. Although there are certainly people who file frivolous lawsuits, most people don't and most lawyers aren't interested in representing them. Not only will the plaintiff have to prove misrepresentation on the part of the auctioneer and seller, he has to prove he was actually harmed by their actions. It's pretty difficult to prove damages in an auction situation, where there is at least one other bidder who thought the item was worth nearly as much as the winning bidder. Few attorneys will be interested in taking a case on contingency when the prospect of collecting damages is limited. Let me guess: Is the plaintiff suing in small claims court?
 
Sounds to me like the buyer didn't have the funds to pay for the tractor or had second thoughts about spending that much money & is trying to get out of the deal. When you buy something in the state of Ohio, You have entered into a legal binding contract. I don't see where the guy would have a chance of a snowball in H--- of winning. That's why, as an auctioneer, I won't say 80% (my eyes aren't calibrated) and I don't know exactly how much tread they had when new. I might say something like those rears look nearly new. I also announce at the beginning of each auction that anything I guarantee is words of the owner not mine because I have never operated that piece of equipment. I will usually turn to the owner (if he or she is present) and have them answer any questions the buyers might have because like I just said, I don't know any more than what I or the buyer can see. For me to say the tires are 80% knowing they are nearly worn out would surely make me look and sound pretty darned stupid. I neither do or buy from on line auctions. just my thoughts, Keith
 
I don't think it is small claims court because he is asking for damages and attorney fees above the cost of the tractor, he is from a different state than he is suing in, for that and other reasons I am highly doubtful that he found a lawyer to take the case on a contingency basis. I really don't know what this case will be based on, right now, the only allegation in the paperwork is about the tires and a non working flasher, pretty thin gruel if you ask me. The only reasons that we can see that those items are mentioned is because the add stated "all lights were tested and work" plus the bit about the 80% tire tread. Testing a light does not mean that it will work 10 minutes later so I think that is a dead end, quantifying the tires at 80% seems to be the Auctioneers main mistake in this scenario. I guess he needs to get the factory measurements for that particular brand and then have a third party measure the current remaining tread on the tractor tires and certify the results.
 
Who knows. It depends up many things, e.g., state laws, facts both known and unknown, herein, etc.

It is unlikely that it will go to court.

One party or both will decide that it's not worth the cost/effort.

Such issues are, of course, ONE of the reasons that tort reform is so badly needed in the US.

Dean
 
This does not surprise me. The person who bought the tractor needs his I am stupid sign. A tractor should be like any other Automobile in an Auction. I use to go to car Auctions and buy them and sell them. The flaw line should have be AS-IS the condition found and bought in. All the Auctions I have been to have no guarantees on what should be on the Equipment and or Automobiles. This only changes if the sale has in writing those words stating they are as such. I think what happen he thought he bought it for a good deal and then found out he did not get a good deal by buying at a higher price. Then wanted out of the deal but found a way to sue on a statement he thought he heard them say. If it is not in writing on his sale slip how can he prove it.
 
(quoted from post at 02:17:14 07/09/17) Old Tanker -- Rick, yeah, wasn't really too worried about trying to "go after" anyone, as it was ultimately MY responsibility to check everything out. I was just upset that this guy promised that the truck had been winterized for our conditions (down to -50F) when it wasn't. For what we paid for the truck, you'd have sure thought he could have done "something" though.

There's a bit more we found out about the truck later on, but still, not that big a deal. In the grand scheme of things, we got a good deal (in our opinion) on the purchase. Just didn't like having to pull over on an icy interstate broke down, just waiting for some yahoo to rear end us! Fortunately didn't happen.
Click to expand...

Yea breaking down on I 29 anywhere north of Sioux Falls in the winter can be an experience and north of Grand Forks a disaster!

I purchased 3 vehicles while I was at Ft Knox, 2 used and one new. Of the 3 only the new one had adequate protection for cold weather even though all 3 were purchased from dealers.

AS long as you feel you got a good deal that's all that counts.

Rick
 
If winterized down to about 25+ they are not putting in the coolant mixture the makers call for as they want a antifreeze mixture of good for minus 35 and also required for the high top temps for what the cars are running these days.
 
The tires were/are real good, I don't know if they are 80% or not and I believe that the Auctioneer just was used to referencing a percentage to state how good or bad the tires were. I have heard him call tires 20% or 50% so he was not doing it just to make them sound better than they were, I am sure that regardless what happens in this deal he will never reference a percentage again when describing anything. The Auctioneer in question is actually very honest in his descriptions and always includes plenty of photos and videos and makes sure that anyone who wants to come inspect something is accomodated. You were correct about this being straight buyers remorse, he paid for the tractor with no complaints but he started crawfishing the minute he found out what it would cost to get the tractor shipped. I think a few different trucking outfits quoted him way more than he was expecting.
 
(quoted from post at 11:02:38 07/08/17) He saw it, and he bid until he won the bid and then he paid for it but then he refused to take possession, if that scenario sounds nuts, your not alone, because it makes zero sense to me.
Click to expand...

Nope. Paying for it completed the contract obligation on his part. Having 80% tires would complete the contract obligation on the seller/auctioneers part. Subsequent, taking delivery could be argued that the tractor "had 80% tread on it when transferred" but now has some lesser wear.

Depends on the court. I can tell you from past experience, if one is from the right, and one is in a CA court it doesn't matter if the right-leaning person is the plaintiff, or defendant, against any kind of person of the left the person of the right should be prepared to lose. My case happened to be a 1962 Ford 3/4 with a campershell on it, sold in 1985. Even though the truck and camper were more than 20 years old, and had 230,000 miles, the buyer sued me for new shocks(worn out), front brakes(down to rivets), alignment parts(lose as a goose), and steering box(sloppy). Sold "AS-IS, WHERE-IS" with a bill of sale. Oct 12th, 1985, San Diego Muni court.
 
I have a question related to this topic. Say a guy buys a JD tractor that was advertised on YT from a guy who has been peddling JD tractors for years as a business. The tractor is 10 hours away so you ask if it has any welds or cracks anywhere and more questions so you don't waste your time with something you don't want. The seller says "no cracks or welds that I noticed" So he answers all your questions to your satisfaction and you send him a check. You drive 10 hours to pick up the tractor and the first thing you see is the tractor has a welded shifter. The second thing you notice is that both radiator supports have been welded among other problems like "overhauled" but blue smoke comes out of the pipe and more welds yet. "that ill go away when it warms up" You question him and get "sold as is, no refunds" What do you do? You would not have bought it knowing it was welded up an it smokes but now your stuck with it. What do you do?
 
Kellyss -- In that kind of situation, I would only be able to give the seller a deposit that would be held until I could arrive to inspect and then take delivery, upon completing the payment. If I didn't like what I saw, then the seller would be required to return the deposit.

Many people don't like messing with deposits, but it's one of the smartest things you can do in such a business transaction. As the old saying goes, "[i:11b6f97d71]Let the buyer beware[/i:11b6f97d71]".
 
(quoted from post at 10:09:48 07/09/17) I have a question related to this topic. Say a guy buys a JD tractor that was advertised on YT from a guy who has been peddling JD tractors for years as a business. The tractor is 10 hours away so you ask if it has any welds or cracks anywhere and more questions so you don't waste your time with something you don't want. The seller says "no cracks or welds that I noticed" So he answers all your questions to your satisfaction and you send him a check. You drive 10 hours to pick up the tractor and the first thing you see is the tractor has a welded shifter. The second thing you notice is that both radiator supports have been welded among other problems like "overhauled" but blue smoke comes out of the pipe and more welds yet. "that ill go away when it warms up" You question him and get "sold as is, no refunds" What do you do? You would not have bought it knowing it was welded up an it smokes but now your stuck with it. What do you do?
Click to expand...

Do not put it on your trailer. Go to the nearest civil court and fill out the small claims form, pay the money, and get your case started. Have the seller served, and go from there. Not much fun, but that's why the court system is there. Downside is, all your discussion was verbal, and makes it hard to judge just what was said, by whom, when, and what proof you have.

If you put it on your trailer and took it home already, your case is even weaker, but that's why some folks are crooks, and some are honest.
 
Would much rather lose a $100 deposit and my wasted time than to pay full price for the tractor, only to be stuck with something I didn't want.
 
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