Part6-Canon Case - "You Told Me The Tractor Would Be Okay! I Want My Money back!"

9.In October, 2017, the Iowa Supreme Court issued a decision in a case titledCannon v Bodensteiner Implement Company.If the link is not working here is the URL:https://caselaw.findlaw.com/ia-supreme-court/1878279.html

If you review this case you will see that Jason Cannon traded in a big John Deere tractor in exchange for a Case-IH tractor.The dealership told Jason the tractor he was buying was a great tractor, that it would meet his needs (pulling large equipment through fields), etc.When Jason actually took possession of the tractor it turned out to be a "lemon."The tractor had many problems and Jason attempted to return it to the dealership.The dealer stated Jason had signed a contract that stated he was buying the tractor "as is" and that any and all representations the dealer may have made about the tractor were not binding on it (dealership).

The contract clearly stated Jason was taking the tractor "as is" and that the dealership made no warranties of any kind concerning the tractor he had purchased (for $139,000!).Jason argued he had relied upon the representations of the dealer when he bought the tractor.He claimed he had been the victim of fraud since the dealership knew the tractor had been in its shop (in another town) for extensive repairs and that the reason the original owner traded it in was because of all the problems with the tractor.

Question:The Iowa Supreme Court ruled that Jason wasnotthe victim of fraud and ruled in favor of the dealership.What are at least two or three reasons why the dealership won this case?

10.When we buy a car, a piece of farm equipment, etc. we don't want to come across as a jerk or make a lot of waves or be silly,but we do want to protect our financial interests.We are looking at a contract that has been pre-printed - itis a form that is filled in by the seller.What are two or three things we can realistically do as a buyer to protect ourselves and to avoid what happened to JasonCanon in the above case?(Note:Don't say "read the contract" - ha!Certainly that is a good point but let's go beyond that a bit!What can you do if you are looking at a pre-printed contract and want to protect yourself beyond the terms of that document?)