need legal advice

[lisa]

I will. So far the sec of state said I should contact the Attorney General's office. Special note to Pacesetter - you were right on the money so far! /forums/images/graemlins/tongue.gif

 

[Darren]

I agree the legal problem sounds strange.

Having picked up an imported item from a port, I can tell you at that point everything should be paid for except possible storage fees. Usually you get a week or so of free storage. After that you pay demurage on a weekly basis.

There's no way the demurage could be $5,000 unless it was stored for a year or so. I doubt shipping would be anywhere near that amount since it probably came in a container. In the US there's no import fees on agriculture equipment. Don't know about Canada.

Most lawyers won't know anything about international shipping and customs brokerage. Do a google search for customs broker. Find one that looks good. Call them and ask for some advice. If you do need a lawyer, they'll be able to be able to put you in touch with a lawyer that has the special knowledge needed. The tractor should be stored in a bonded warehouse. Find out who owns it and any shipping info before you call a broker.

FWIW, the tractor shipment was probably handled by a customs broker. The dealer would have had to provide them with a legal document authorizing the broker to act on his behalf. Find out who the broker was from the widow. You need to know who is asking for the $5,000. Sounds like the shipment wasn't fully paid for.

Good luck.

 

[Pacesetter300]

Hi Lisa, Thank You! Glad my input has been helpful. Please keep us posted as I'm sure many wouldn't want to fall in to the same situation either through intentional fraud or unfortunate circumstances as these.

 

[Anonymous Poster]

Lisa: Even if you don't get the tractor, consider yourself lucky and view the $5k spent as a lesson in the ways of the world. It could have been a lot more, believe me - imagine it was $10k, $20k or more. At least you should be able to get a tax benefit as a "bad debt" (although a tax guy would have to verify that for your particular situation). Will the guy picking up the tractor be able to get it? My guess is it will depend on whether it was consigned to the dealer or you? But if you end up with a claim against the estate it is probably "unsecured". So, how ever it turns out, view it as a "lesson". If you end up with the tractor, great. If you don't just remember, it could have been worse. The lesson? Never, ever, pay for anything up front. They hand you the merchandise, you hand them the money. (There's a wider lesson, but beyond the scope of this tread). Good luck. JEH

 

[rockyridgefarm]

I am sorry that the family is going through this.

It is sad that the customers are treated this way.

But all evidence points to an undercapitalized business. Very risky to deal with.

And their shingle is still out; ready to accept money from more customers.

Very sad.

 

[Anonymous Poster]

</font><font color="blue" class="small">( Lisa: Even if you don't get the tractor, consider yourself lucky and view the $5k spent as a lesson in the ways of the world. It could have been a lot more, believe me - )</font>

It was more... I believe she said that she paid for the WHOLE TRACTOR up front. The $5000 figure is now what she is being told is required to get the tractor released from the port. /forums/images/graemlins/frown.gif /forums/images/graemlins/frown.gif

I join you in wishing her well but I'm afraid the "could have been worse" scenario doesn't apply here. /forums/images/graemlins/frown.gif

 

[Pacesetter300]

Just curious what Nelliebelle has to say about the fact they are still in business taking deposits. She could refute that if she knows it's untrue. Odd too that she is a new member with no bio and only one post. Can Nelliebelle shed some light and tell us what's going on with the company and the situation with customer's money?? I for one would like a definitive answer.
Pacesetter

 

[usedcarz]

i also sell new jinmas, as well as used tractors, on my car lot. i had talked to vince many times on phone and e-mail, and have heard nothing but good things about him / tractor barn. i certainly don't know the current situation, and as the ole' saying goes-hindsight is 20/20
i've never heard of paying for anything in full before getting it or seeing it or using it. if somebody sent me payment in full for a new jinma, i certainly wouldn't think of cashing the check until delivery had been made. was full payment requested at time of order? why not just a deposit and payment when delivered? something sounds strange, but i'm sure we've all heard stranger ones! sure hope you get your tractor or at least your money. good luck! wish we could help /forums/images/graemlins/confused.gif

 

[lisa]

hello to all. I am also curious now about nellieBelle as I sent a personal email offering to leave the "wife" out of the fray if she had any suggestions. I have yet to hear a response though. I did however get contacted by another buyer who bought from Vince before he passed away. Perhaps there is more than one tractor in the crate and that is why the facility needs $5000.00.
re: paying in full up front, I was hesitant but Vince's demeaner put me at ease. I truly think he was an upstanding person and his business was originally registered in Michigan back in 1987 so he was not just a fly by niter. I have however learned a huge lesson /forums/images/graemlins/frown.gif

 

[Anonymous Poster]

rbarker: What I meant by "could have been worse" was what if she had bought a $15k tractor and paid in full up front. Better to get ripped for $5k and learn a valuable lesson than get ripped for $15k to learn the same lesson. She hasn't posted whether she was able to actually get the thing yet - I believe a previous post said someone was supposed to pick it up for her. JEH