Skip to main content

Is this a claim to worry about?

Hubbard, OH |

Sold a used tractor, advertised as in good condition, which as far as we knew nothing was wrong with it. Today, the buyer called to say it has a cracked block and wants us to pay for half the cost of getting it fixed, ($325) if not he is taking us to Small Claim's Court. The tractor was and is working , we have been completely honest with him and he claims we deceived him, which we would never do that and didn't. Should we be worried that he will win this claim?

Attorney Answers 1


There are certain warranties that are generated automatically when you sell something to someone. One of those is the Implied Warranty of Fitness for a particular purpose. In order to win on such a claim, the buyer would have to prove that the tractor was damaged at the time of purchase, which can be hard to do. Several factors, including how much time has lapsed since he purchased the tractor, will be used to determine whether his claim is valid.

As to the likelihood of his winning the claim, I cannot say. That is at the court’s discretion and depends on many specific facts of your case. You do not necessarily need a lawyer for Small Claim’s Court, and the costs of retaining one would, most likely, far outweigh the $325.00 in dispute. However, if you are truly concerned about the money, you may be able to schedule a consultation with an attorney who can go over more specific facts and give you a more detailed answer. I wish you the best of luck in this matter.

Lori A. Strobl
Strobl & Associates, Co LPA
1015 E. Centerville Station Rd.
Centerville, Ohio 45459
(937) 496-1450

This website contains general information only. The information contained in this website is not intended to convey or constitute legal advice on any subject matter or intended as advertising or a solicitation. Readers should not rely on the information presented on this website for any purpose without seeking legal advice on the specific facts and circumstances at issue from a licensed attorney in the reader’s state. The information in this website contains general information which is intended, but cannot be guaranteed, to be always up-to-date, complete and accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed. Strobl & Associates, Co., L.P.A. expressly disclaims all liability or responsibility with respect to actions taken or not taken based on any or all of the information contained in this website. Readers should not consider the information presented on this website to be an invitation for an attorney-client relationship, and the transmission of such information is not intended to create, and receipt does not constitute, and attorney-client relationship between the reader and Strobl & Associates, Co., L.P.A. The content of any Internet e-mail sent to Strobl & Associates, Co., L.P.A. or to its attorneys at the e-mail addresses set forth in this website will not create an attorney-client relationship and will not be treated as confidential. Readers should be aware that communications via the Internet may not be secure. Strobl & Associates Co., L.P.A. does not necessarily endorse, and is not responsible for, any third-party content that may be accessed through this website.

Mark as helpful

2 lawyers agree