[FL] I bought a tractor from a third-party auction site and received an older model than advertised. What can I do?

Hello! My name is TJ, and I’m an attorney. Thanks so much for the opportunity to assist you!

From a legal standpoint, even if something is sold “as-is,” knowingly advertising a 2013 tractor as a 2020 model can still qualify as misrepresentation or fraud, especially if you relied on that false information when buying.

The “as-is” clause protects a seller from liability for defects or wear, but it does not shield them from false advertising or intentional deception. If they knowingly listed the wrong model year — or even failed to verify it properly — that’s a material misrepresentation.

The fact that there were two key tags (one marked 2020 and one marked 2013) helps support your claim that the seller either knew or should have known about the discrepancy.

You may have grounds to pursue a claim for:

• Breach of contract based on misrepresentation, and possibly
• Deceptive trade practices or consumer fraud, depending on the laws of the state where the sale took place (Florida, in this case).

Do you know if the auction group is a licensed dealer or just a third-party auction service?

Since they’re a third-party auction service, your options may depend on how the sale was structured and what representations they made directly versus what came from the original seller.

Even as a third-party, if Royal Auction Group handled the advertising, listing, or description that claimed the tractor was a 2020, they could still be liable for false advertising or negligent misrepresentation.

Here’s what you can do:

1. Gather Documentation:

• Save the online listing showing it was advertised as a 2020.
• Keep your payment receipts, shipping documents, and the key tags.
• Document the dealer’s statement verifying it’s a 2013 model.

2. Send a Demand Letter:

• Write to the auction company and demand a partial refund or rescission of the sale.
• Reference the advertised misrepresentation (2020 vs. 2013).
• Mention possible violation of Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA), which prohibits misleading business practices.

3. File a Complaint:

• With the Florida Department of Agriculture and Consumer Services (FDACS), which regulates auctioneers.
• You can also file a Better Business Bureau or Attorney General consumer complaint.

4. Small Claims Option:

• If the tractor’s value difference is significant but not massive, you could sue in Florida small claims court (up to $8,000).
• If the damages are higher, a civil claim for misrepresentation may be appropriate with legal help.

You’ve got a legitimate case, because “as-is” doesn’t excuse false statements about key facts like model year. If you can prove reliance on the 2020 listing, you’re in a strong position to demand compensation or reversal of the sale.