Legal Question in Civil Litigation in New Mexico

Cash Purschases

I recently purchased a tractor from and individual for $3500.00 cash. A bill of sale was made out with both parties signature. Upon taking delivery of this tractor, it drove approximatly 4 miles then the motor locked up and seized never to run again without some major work. I asked for my money back and the gentalman refused, what can I do if anything. I have witnesses to this event.


Asked on 2/20/01, 1:23 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Cash Purschases

If the seller was not a farm implement dealer, or otherwise highly knowledgeable about used tractors, there may be little you can do.

It is still "buyer beware" in the market place, and in the absence of a proveable guarantee that the tractor would run for a stated period of time, you are stuck.

Of course if you could prove that the seller knew there was something wrong with the tractor and deliberately withheld that knowledge from you, you might have a case for fraud, but such knowledge is usually impossible of proof.

Good luck.

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Answered on 4/03/01, 7:51 am


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