tractor broke

[tonopaw]

Hi,

My very expensive, top brand-name, backhoe-loader broke down at 5 months
old. It was over a month ago when dealer took the machine back to their
shop in Alabama. Dealer says they can't tell me when repairs will be
completed (under warranty) because of unavailability of parts (it needs
new transmission). That machine is necessary to do work on the farm.
Work that is not getting done right now.

Do I have any recourse against Corporate or Local Dealer? Could I force
a buyback under some kind of lemon law? Dealer has not been receptive
to a loaner. I simply don't have the patience to play these kinds of BS
games anymore.

Sure could use some constructive advice ......

[Elle N]

I am homed in on how dire the situation is for you as a farmer and how a
loaner (or just full replacement of the backhoe-loader) could resolve this.
I have two suggestions:

1.
On two occasions, the Better Business Bureau web site has worked well for me
in getting results, and fairly quickly. Try filing a complaint here:
https://www.bbb.org/file-a-complaint

2.
Google for contact information for the corporation that makes the machine.
Contact the corporation and tell them about the problem.

By any chance is this either a John Deere or Caterpillar machine?

In my experience, the larger the corporation, the better your chances of
getting resolution.

I am not an attorney.

[Barry Gold]

Looks to me like you have enough at stake here to talk to a real lawyer
instead of trying to get free advice from the Internet. [Free advice is
worth every cent you paid for it.] Surely it's worth $1000 to get some
real legal advice.

And you'd be amazed at the results a letter on stationary headed "John
Jones, esq." can get.



--
I do so have a memory. It's backed up on DVD... somewhere...

[micky]

In misc.legal.moderated, on Thu, 3 Nov 2022 11:36:42 -0700 (PDT), Elle N

<honda....@gmail.com> wrote:

>On Thursday, November 3, 2022 at 10:37:24 AM UTC-5, tonopaw wrote:
>> Hi,
>>
>> My very expensive, top brand-name, backhoe-loader broke down at 5 months
>> old. It was over a month ago when dealer took the machine back to their
>> shop in Alabama. Dealer says they can't tell me when repairs will be
>> completed (under warranty) because of unavailability of parts (it needs

How long have they had it so far?

>> new transmission). That machine is necessary to do work on the farm.
>> Work that is not getting done right now.

Harvesting, or things that have to be done before next spring's
planting? Harvesting would really be time-critical. Of course, I
don't think one uses a backhoe for that. Not sure what a loader is.
(Is that the other end where there is a wide rectangular scoop? )

>> Do I have any recourse against Corporate or Local Dealer? Could I force
>> a buyback under some kind of lemon law? Dealer has not been receptive
>> to a loaner. I simply don't have the patience to play these kinds of BS
>> games anymore.
>>
>> Sure could use some constructive advice ......
>
>I am homed in on how dire the situation is for you as a farmer and how a

OTOH, I know about farming almost no more than what I've learned from
opening a can of corn.

>loaner (or just full replacement of the backhoe-loader) could resolve this.

But unless they have not a single used backhoe-loader, I would think
they would be able to lend you one. What good is it doing sitting in
the back lot unused.

Maybe even if no one else can give you a legitimate basis to sue, you
can still make vague refeences to suing. Or to fiiling a complaint
with the BBB. Mention the possibility before you do it.

>I have two suggestions:
>
>1.
>On two occasions, the Better Business Bureau web site has worked well for me
>in getting results, and fairly quickly. Try filing a complaint here:
>https://www.bbb.org/file-a-complaint

>2.
>Google for contact information for the corporation that makes the machine.
>Contact the corporation and tell them about the problem.

I have a friend who is big on writing to the president of the company.
She's given me at least one time that worked, and another time when she
called and asked the woman on the phone, Could I talk to Mr. Bigcheese
please, and she put him right on the phone. (He probably wasn't as big
as John Deere, but that's only because her backhoe works well.)

>By any chance is this either a John Deere or Caterpillar machine?
>
>In my experience, the larger the corporation, the better your chances of
>getting resolution.

I wouldn't be surprised.

>I am not an attorney.
>

Neither am I!


--
I think you can tell, but just to be sure:
I am not a lawyer.

[Rick]

"Elle N" wrote in message
news:69bb5518-1ef6-493f...@googlegroups.com...

One other idea. If it's a national warranty (not specific to the dealer),
you could try another dealer. They might be more responsive in addressing
your issue and might have better access to parts.

--

[Stuart O. Bronstein]

The normal rule in a situation like this is called "cover." That is
to say that you do what you can to reduce or eliminate any damages
you may incur, and then ask the seller to reimburse you for the costs
of doing that. In your case that might be to rent another backhoe to
do the work, if you can. Are there other ways to get the same work
done?

--
Stu
http://DownToEarthLawyer.com