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Tractor Talk Discussion Board

Re: Antique tractor warranty


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Posted by Walter Buller on August 31, 2014 at 13:56:59 from (99.195.172.253):

In Reply to: Re: Antique tractor warranty posted by JD Seller on August 31, 2014 at 01:23:24:

I appreciate the feedback and opinions from all of you . Just to recap: The Judge and the lawyer were not related, and as far as I know had never met=two different districts. I thought about just taking the tractor back but since I had no idea what the buyer did to it while he was using it I decided that repairing it would probably be more expensive than fighting his suit. I thought surely that the Bill of Sale would be sufficient. A Judge cannot legislate from the bench. He can only cite specific statutes and regulations to justify his decision. In this case there are no such statutes and regulations, therefore he has committed judicial misconduct. Louisiana's Lemon Law only applies to new passenger vehicles under warranty that have to be registered. Used tractors aren't even registered. It also requires that 3-4 unsuccessful repair attempts be made by the buyer, and that the defects prevent the item from doing what it was bought to do, neither of which is the case here. I could be wrong of course, but I'm hoping that in his efforts to get elected to the court of appeals, he will see that my broadcasting of his illegal act in this district will likely cost him more than reversing his decision would. Besides that, a lawyer friend of mine told me that the worst thing that could happen if my motion fails is a judgement against me, and since I don't own anything to speak of I can't lose anything. But this is as much a matter of principle as anything else. If Judge Chutz's ruling is allowed to stand, it would put every used equipment dealer out of business, and prevent ANYBODY from being able to sell a piece of used equipment, unless it was strictly going to the scrap yard as one of you said. I'll keep ya'll posted. Thanks again to all of you.


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