antique tractor dilema

Frank Fusco

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Mountain Home, Arkansas
When I gave up the cattle and sold my acreage, my antique Massey-Harris 44D tractor was no longer of use to me. It had sprung a mysterious oil leak and I had it taken to a local repair shop. Their job was to fix the leak. I checked with them several times. Finally they told me I needed a new starter. That was a surprise because it had never failed on me but I had no way to prove them wrong. Now finding an antique starter is no easy task. Weeks, and many-many phone calls and e-mails later, I located one. Took to shop. Months passed they never called me. I called their shop, got voice mail. Went in, they were always busy, said they would get to it after fixing tractors for guys who really needed theirs. That, I could sympathize with and didn't argue. Finally, months later, I got an answer. They had fixed many things they were not told to do. But they said it was needed. Naturally, the bill is huge. The leak, BTW, was a hose. Just made such a mess I couldn't locate. It's a family operation, buncha brothers, I never talk to same guy twice. Well, they have it for sale. I think, I'll just let them sell it and pay the bill out of the proceeds instead of paying promptly. After all, eight months should be adequate and they, IMHO, should have called me with progress reports. BTW, Tod can look out the front door of his shop and see it. That said, I'm going to miss it but have no further use for it.
 

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Gotta say Frank, if you took it in for a leak to be repaired and never gave them the go ahead for the additional work, the hose is all you should be responsible for. Seems a little underhanded to me.

Tell Tod to go ahead and get it! He could plow that big field behind his shop!
 
Hi Frank,

I have to jump in here with Ed. I don't know anything about tractors, but I do know about right, wrong and people taking advantage. Seems to me you have a solid basis to go to small claims court, or whatever its equivalent is in your area. Like Ed said, if you didn't authorize the repairs, you shouldn't be held accountable for them. Just my $.02. Looks like a real nice machine too.

Ken
 
Hi Frank.

The first thing I would do is to get an itemized bill. Be ready to drive the tractor away right then. After all, you need to take it for a test run. Then I would pay them for the leak repair and the starter motor repair. After that I would tell them that all the other work was not approved, and that in your opinion was not needed. But, just because you are such a really nice guy, you will pay them for the cost of the parts used. If you have a big burly friend, take him along for "moral support." A better "convincer" would be a friend that is a deputy sheriff. :thumb: Of course, there is always the JP court.:)

Do Not allow them to sell it for you. Worst case, take it home, cover it up, and let it rest in the barn. If it is truly an antique tractor, it will be like money in the bank.
 
I have spent a lot of time observing the small claims court. It is same court and judge as municipal (small crimes) court. I've been there as a newspaper reporter, deputy, bail bondsman and as a debt collector bringing suits. Bottom line with issues like this is 'did I receive benefit from the work performed?'. Answer, yes. I would still owe the money. Some states have laws that clarify situations like this but most don't. Years ago I took some business law courses. A case example often given involves a roofer who put a new roof on house 'B' when he should have done house 'A'. Owner of house 'B' must still pay because he received benefit from the job, wanted or not. Currently, I don't have a negotiating tool in this matter. They are on a highly visible location and would have better luck than me selling at home.
 
:eek: I hope you can add in some of the cost to the sale of the tractor! Maybe you should tell them that you want to get $X out of the tractor and anything over and above that is theirs to keep! Might give them some incentive to get the best price for you!
 
Frank said:"I've been there as a newspaper reporter, deputy, bail bondsman and as a debt collector bringing suits. "

Well Frank, ther is the whole problem. You can't hold a job!:rofl: :rofl: :thumb:
 
You kind of got the short end of the stick, but at the same time in reading between the lines it sounds like your tractor was a bit rough. I have no idea what you have for a machine, but not every old tractor is worth keeping. Its hard because like you once I had to trade in my old 1958 Ford 900 Wide Front End Diesel Powered tractor. Only 1500 were made, but it was in rough shape and I needed the money to make the down payment on a new one. Yes it was my Grandfather's tractor and it had many miles and many fond memories, but sometimes things just aren't worth keeping.

Also keep in mind that in rural areas, lawsuits sometimes cost far more than they are worth. I am not talking money here either.
 
You kind of got the short end of the stick, but at the same time in reading between the lines it sounds like your tractor was a bit rough. I have no idea what you have for a machine, but not every old tractor is worth keeping. Its hard because like you once I had to trade in my old 1958 Ford 900 Wide Front End Diesel Powered tractor. Only 1500 were made, but it was in rough shape and I needed the money to make the down payment on a new one. Yes it was my Grandfather's tractor and it had many miles and many fond memories, but sometimes things just aren't worth keeping.

Also keep in mind that in rural areas, lawsuits sometimes cost far more than they are worth. I am not talking money here either.

You are right about lawsuit not being worth the trouble and money. It is hard to dispute 'I said/he said' issues. And impossible for judges to sort out. Memories are fragile things. And with four brothers sticking up for each other the balance would not be in my favor. I'll just negotiate with them and probably end up taking a lower price on the tractor sale.
But, it is an excellent tractor. Restored before I bought it. It has another 50 years of use left. If I had more land, I would keep it.
 
Yeah, especially if you ever need them to do any work for you again.

I'm confident that Frank will get it sorted, he is no ones fool :thumb:

Not likely they will ever do work for me again. But the word of mouth advertising can build or kill a business. Sadly, in this area, tractor repair is tough to come by. Those in the business are either incompetent or dishonest. And, double sadly, the only guy to make it for a long time is the most dishonest. If I had gone there, the bill would be triple what this one is. Twice we have had good repair services but both the owners died after about a year. Just coincidence, I'm sure.
 
Is that case example real? What if the owner of house 'B' was off on vacation when the dumb roofer did the wrong house? It'd be one thing if they KNEW the roofer was there, but if they came home and found it done, I can't see how in the world anybody could call them liable for paying. I'd just tell them to take it off and gimme my old roof back. :dunno:
 
Frank, I can understand you "not" needing the tractor any more and you want to be done with it. But something here just don't set too well with me and that is taking it in for a leak and then being overcharged for other parts you didn't ask for replacement.

That would be like me putting a new roof on a house and deciding it needed vinyl siding too and charging for it....just wouldn't happen.

That tractor of yours must be worth more than the repair bill to a collector, I wouldn't be giving up so easily. Is the bill more than the value of the tractor?
 
I don't imagine you got a copy of the work order when you dropped the tractor off, did you? If you did, and it shows the hose was the only issue, they don't have a leg to stand on.
 
Frank, I can understand you "not" needing the tractor any more and you want to be done with it. But something here just don't set too well with me and that is taking it in for a leak and then being overcharged for other parts you didn't ask for replacement.

That would be like me putting a new roof on a house and deciding it needed vinyl siding too and charging for it....just wouldn't happen.

That tractor of yours must be worth more than the repair bill to a collector, I wouldn't be giving up so easily. Is the bill more than the value of the tractor?

No. The bill is about $500.00. I thought my oil leak was a major issue. Turned out to be one 1/4" hose. I hope to get $2500.00 for the tractor.
 
I don't imagine you got a copy of the work order when you dropped the tractor off, did you? If you did, and it shows the hose was the only issue, they don't have a leg to stand on.

Work order? :rofl:
For farm related dealings, I have never had to go beyond a handshake to do business. My last experience, unfortunately will leave a bitter taste.
 
Frank,
Sorry to hear about the tractor. I had a similar situation with my old car. Fella took a year to do a half ass job, then tried to bill for a bunch of stuff I didn't authorize (and he really didn't do). So I kinda know how you feel. Just make sure you see the check and bill of sale!

Good luck,

Wes
 
Hey Frank, sorry if my first post sounded cold. I was headed out the door when I wrote it, so I kept my words to a minimum. Of course I know deciding to sell the tractor is a hard decision, I just wanted you to know that others on here (me) have been through what you are dealing with in regards to a tractor.

As for comparing it to building a home, it kind of is the same thing. When I had a contractor "shell" my addition, he kept using premium stuff like windows, door and other materials. We told him from the beginning that we wanted to stay on a strict budget. He said he understood and that he "had never gone over on a job." Well apparently ours was the first.

Like you though, I live in a small town where everyone is friends with everyone else. Ultimately its just money and you have to figure out what is worth fighting for, and what is not worth fighting for. If it makes it any easier, ten years from now, a 500 dollar bill to fix your tractor will sound like small potatoes (pun intended). Sometimes keeping neighbors good neighbors means overlooking a slight error in judgment. You got to stand up for yourself that is for sure, but by golly be sure the soil your standing on is something that really needs to be defended first.

By the way, us country folk wrote the book on bartering, have you worked that angle at all? Maybe swap a woodworking project they want for taking off part of the bill? Maybe swap a few bushels of potatoes for taking off part of the bill...you know something along these lines? Just thought I would post this as an potential idea to keep both parties happy, and your tractor as your tractor still...
 
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