Heavy Equipment Forums Heavy Equipment Community

Misrepresenting

southernman13 ยท 2015-09-04 06:54

Bought a 320 came in with 200 more hrs than reprinted and was told it was a 04 but it's an 03. This was an individual transaction with no contract. Is there any recourse or just leave it alone.

Replies11
  1. #1CatToy2015-09-04 07:23

    I bought a tractor sight unseen that turned out similar to your situation, which I paid a premium for the year model. I spoke with a lawyer back then and your in buyer should have verified prior to purchasing territory. In TN, you have a long road to travel if you are to prove the seller intended to misrepresent in a verbal contract unless you have bunch of witnesses. For example, if they stated I think it is an 04 and it has approximately xxxx hours, it is not misrepresentation, although 200 hours might be close. I no longer buy unless I can physically visit equipment (not like a buy a lot anyway). BTW- on Cat equipment you can look up serial numbers on this website www.ironrecord.com and it will tell you year manufactured along with some other info.

  2. #2Nige2015-09-04 07:24

    For 1 year difference in apparent age (was it a 2003 build sold in 2004 maybe?) and 200 hours difference on the meter I wouldn't bother. How many total hours on the machine..? If you want the date of manufacture checked then post the Serial Number.

  3. #3southernman132015-09-04 08:05

    It was invoiced as an 04. S/N shows its an 03 hr meter shows 4458. Hrs meter in represented pics 4284. PAB00730. Probably not worth the hassle. Just aggravates me

  4. #4Nige2015-09-04 08:54

    PAB00730 was built on 29/05/2003, obviously not sold until the following year if it was not invoiced to a customer until 2004. Not unusual for small machines that often go from the factory into dealer stock waiting for someone to come in off the street and buy them. For the 174 hour difference between the two readings TBH I wouldn't bother. Initially I thought your posted 200 hours difference between the readings was a misprint for 2000. With the machines I normally work on, 4450 hours would be normal for a machine about 9 months old, not 11 years ..........

  5. #5Okielite2015-09-04 09:05

    That's frustrating. Unfortunately probably best to let it go. That's one thing I like about buying equipment on e-bay is the safeguards and ability to give negative feedback that seems to help keep sellers honest. Also works great for documentation of the transaction. But buying used equipment is a crapshoot no matter how you slice it. Hopefully it won't;' turn out to be a big deal.

  6. #6Delmer2015-09-04 10:59

    In this case there's nothing for you to prove. If the invoice said 2004 then that's reasonable for the seller to use, and the pictures were just a little old. That wouldn't get you anything in WI and the laws are generally less consumer protective in the South.

  7. #7CM19952015-09-04 11:16

    I'd let it go, it's not a big deal IMO.

  8. #8lantraxco2015-09-04 13:12

    No offense, but that wouldn't even warrant a shrug in my world. Keep it working

  9. #9dozer122162015-09-06 21:46

    I Agree with lantraxco. I would always be more intrested in meter working or not. So he cleaned out a ditch or something before it got to you. Year seems to never be easy. Even the auction companys get it wrong. Nop big deal in my opinion.

  10. #10Steve Frazier2015-09-06 22:08

    Probably wouldn't have had much effect on the price anyway. A used machine is a used machine, physical condition is more important than either the year or hours.

  11. #11southernman132015-09-07 16:33

    Yea I know. I was just agrivated over the whole thing. It didn't look as I thought it should have or what I was expecting really. I know there's not much difference in a year and hour difference is minor. I was just p Oed. I should have went and looked. All in all its not that bad. I'll clean it up and move on!