I bought a used 2014 john deere 5085e farm tractor with 354 hours in 2015. january 2018 while feed ing cattle i noticed a metal noise in my trnsmission area. the jd 5085e was taken to a jd dealer and fought that the john deere factory specification for this tractor that the shins in the transmission was not sized and installed properly. causing bearing,rings and seals damage in the transmission. the jd factory representive said that jd is not responsibile due to the fact the tractor is past the warranty time period. the total cost is $6000 - $8000 the jd representive said jd will pay 1/3 of the cost? why should i pay if the jd workmanship was poor and the quality control was inadequate. thank you don.
1 Answer from Attorneys
Best bet is to negotiate something better than 1/3. Your cost of repairs will be $4,000 to $5332. Cost of representation, suit, expert witness to prove defect will be: Suit and discovery $4-6,000. deposition of Defense witness, your expert, and you $1,000, 1,000, $500 plus attorney time $7500, mediation $3,000 to $4,000. Trial prep and trial $9,000 to $12,000. Prep of Judgement and post-trial $3,000 to $4,000. Total cost: $33,000 to $41,332 if I have added right ( I just noticed I did not add the expert fee of $3,000 to $5,000). The two-year statute on tort ran either 2016 or 2017. The 4-year contract statute runs either 2018 or 2019. However, your sales agreement probably excludes any warranty of fitness for a particular purpose or of merchantability which would enable a DTPA claim.
Your claim may be time-barred, depending on what your warranty says. Without a contract claim, you cannot recover attorney fees.
Consequently, you would spend $33,000 to $41,332 to recover $4,000 to $5,332 if you were successful on the contract claims, with a maybe that you would recover your attorney fees, Contingent fee representation is out because of the fixed amount of damage to the transmission.