So, if I roll all that back.
I think the OP has sent the tractor in, the tractor has been repaired, the dealership is saying "not covered under warranty, you need to pay."
My view of some of the options offered on this thread:
- Take it to another dealer. Why? It's already fixed. What can another dealer do - it's not like the new dealer will pay the old dealer, who believe they're owed money
- Get a lawyer. I get it, it's the USA, so of course you need a lawyer. But what's the likely return - i.e. can you possibly pay a lawyer, take a law suit, win the case, and end up with enough money to be worth your time and stress? Unless you're getting damages or costs on top of whatever award, surely the $5K owed on the repair is way less than whatever a lawyer would cost?
So, I think realistically what you're looking for is a more sympathetic ear in either Kubota or in the dealership as the best way to resolve it.
If it were me, I'd start by going into the dealership in person with my story very clearly documented, and make sure you know exactly what your reason is for believing that it should be covered.
The first part is to clearly understand their view. so you know what you're arguing against. From reading the thread, I think what they're saying is that:
- the tractor has alerted that it needs regen multiple times, and that has been ignored by the operator. Potentially this was done by your father before you got the machine, potentially it was done by you in not understanding that it needed regen
- Their diagnostic says those warnings were 0.8 hrs apart (so 50 minutes apart), and presumably they know at least what hours that occurred at, if not date/time
- It has then reached level 5 sooting up because the regen didn't occur, and when that happens it needs replacing, and that's expected behaviour if you ignore the regens (i.e. that's not a warranty issue, that's user fault).
- As part of the replacement some bolts stripped (presumably they're plastic?), and they blame that stripping on overheating, in turn they believe caused by it not having had a regen (is that likely to be true? Can not doing a regen lead to overheating? Someone else might comment on that)
- They believe that you're outside the Kubota warranty, so no need for Kubota to pay / Kubota won't pay
So, which of those bits do you dispute? Again, from the thread I think the bits you'd dispute are:
- You had issues with the tractor early on, and you called them. They advised you what to do, you followed their advice. So if there was a problem with the tractor not having a regen, surely that's their fault because you followed their advice? The question is whether you can demonstrate that, or get them to reasonably believe that. Someone else can perhaps comment on whether if you did a regen at the time and let it run to completion, you should reasonably expect that the DPF wasn't sooted up. Or whether the dealer is perhaps correct in that it was maybe already sooted up, and even though you did the regen as asked it was too late, so still user error. That doesn't seem quite right to me, because it shouldn't have run a regen to completion if it was too sooted up. It feels like you have a solid argument here, but I think this relies on how many hours you did between when that regen finished and when the problem happened - i.e. is there an argument that the regen was fine, but then you used the tractor some more and sooted it up to level 5 since that regen? If the dealer information about when the regen warnings occurred includes number of hours, then presumably it also knows that the regen ran to completion, and how many tractor hours ago that was
- It's not the Kubota warranty that you're claiming under, it's the mandated 5 year emissions warranty. Irrespective of what you did or didn't do, I think the argument is that the emissions system is covered, this is clearly the emissions system. I don't know enough about what the mandated 5 year warranty covers, but if they can't claim user error on it (someone else may comment whether that warranty fixes things irrespective of user error), then telling the dealer that's your claim may remove one of their arguments
- You were originally advised (verbally or in writing?) that it would be covered under warranty. You expect them to honour that, particularly given that they've undertaken work that you reasonably expected was covered under warranty, and they're now asking you to pay. If they'd told you that payment was contingent on what they found, you would have treated it differently at the time. They can't undertake work that you didn't agree to pay for, without an estimate or any other advice on potential costs, and then require you to pay for it.
I know there's a tendency to blame the dealer, and this dealer does sound to be relatively low quality. But you do have to also put yourself in their shoes if you want to talk them out of this. From their viewpoint:
- You brought a tractor in to be repaired
- They investigated it, and were told by Kubota it wasn't covered by warranty
- They repaired it
- They want someone to pay. If Kubota won't pay, they want you to pay, otherwise they're eating a $5K cost
- Dealers don't do warranty work for free, and have no liability/risk for warranties - the warranty goes back to Kubota.
So ultimately you need to convince them that either they're wrong / have presented wrong to Kubota, and Kubota will actually pay. Or you need to convince them that the fact that this work needed to be done was the Dealership's fault, and therefore they're liable to eat the $5k charge. Either because they gave you bad advice that led to the failure, because they undertook work that you hadn't agreed to without getting commitment to pay (this one's kind of hard), or because they told you that it would be covered in warranty and then it wasn't.
The easiest path by far is to get everyone to agree that Kubota should pay, so that would be where I'd focus first. Anything else will be very hard for the dealer to agree to, so whether you're right or not, it will be a more difficult discussion.
I guess, failing all that, the other path is to say "I inherited a tractor, which was a windfall because I didn't expect a tractor. Turns out my father didn't maintain the tractor as well as he could have, which can happen with old people. The tractor that was worth $25K now has a $5K debt on it, so I could sell it and pay off the debt, and I still have $20K I didn't expect to have." Not ideal, but still not as bad as it could be. Sometimes life gives you lemons.