Bought a "high flow" skid steer for mulching at auctiontime this October. But it is not high flow.

[softdown]

The mulching head and chipper both require high flow. The Takeuchi web site lists it as "cab rubber" when the serial number is inputted. That means regular flow.

Everyone involved, including the ad, stated it was high flow. This is worthy of an attorney. Looking for experienced input here?

 

[Eq Broker]

I would contact auctiontime first and see if they're willing to work with you. I always recommend that everyone go see what you want to buy and make sure it is what you want. I would also check the invoice or bill of sale to see if it states "Sold As Is Where Is". If it states Sold As Is Where Is, I don't think you have any grounds to pursue a lawsuit. I would suggest selling it and getting what you need. I think this would be the least expensive thing to do.

Just my opinion.

 

[softdown]

Doesn't seem like one could legally call it high flow unless it is high flow. If they can get away with that they can get away with most anything. Like saying it has a new and larger engine etc.

 

[Franny K]

There are places that "auction" off stuff with no real way to preview. I think I tried to contact something like Iron planet and they just did not respond. There isn't a lot to go on in the title and post 1. If they put the serial # in the listing and called it high flow, well it isn't like they said how many gallons a minute. These things are most likely put on consignment and the money held for 10 days or so. I would think you should have complained in that window of time. My guess is Auction time auctions does not like folks giving incorrect descriptions. Whether their inspector is expected to verify the option package in the serial # and the description is up for speculation. Do you have the machine and the parts breakdown sheets to be sure it isn't high flow? I don't know how many different possible options there are for the hydraulic system. If they put the serial number in the listing and you only ran it after the sale and after they paid the previous owner about all you can do is post a warning like this thread. All sorts of terms and conditions generally at auction sales. I generally prefer a complete liquidation or downsizing auction as opposed to a consignment auction. Even at those it pays or could pay to ask if it is consignment or part of the liquidation. Was it a rental unit?

 

[Triallyr]

Hey John, much will depend on the written statements made (oral as well, to the extent you can prove them). Statements such as "good condition, runs well, etc. are usually too subjective to be actionable. On the other hand, describing a car as a two door when it is in fact a 4 door (when it is not otherwise obvious, like in a picture) is false advertising and renders the contract of sale voidable. Were pictures made available to you? Did you inspect the equipment before purchase? Would any reasonable person have know based on a casual inspection or from the pictures? Was the equipment owned by the auction house or was it being sold on consignment? PM me with details and whatever documentation you have and I'll provide you some direction.