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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?

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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

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