Attorney will work for olive oil

[tommu56]

Rox
You might want to look at stretch wrap it will cover the whole product keeping it clean and secure we use it on pallets at work. It is done by machine but you can put it on by hand It might even be cheaper than rope.

here is a us link Stretch Wrap & Stretch Wrap Dispensers

the econo wrapper would be fine.

Check for a packaging supply house on your side of the pond

good luck

tom

 

[rox]

tom,
wrapping that darned stretch wrap around the pallets is my job. If anyone here has never wrapped a pallet i can assure you that it is literally back breaking work. You have to bend over and keep tension on the stretch wrap and walk all at the same time. I hate that job but my husband and i ahve to divide up the work so I get that one as I physically can do it. I shink wrap and then on the tall pallets I strap it down also. I'm like so many other TBNers, you know, over kill every job they ahve. yeah that's me. My dream is when we build a mill we will ahve to have some type of a lift truck or palet forks on something, to have a turn table built to help in wrapping the palelts. That is a PIA job for sure.

 

[tommu56]

Ill keep an eye out at work when we go to sell our super wrapper
It rings the skid top to bottom and then wraps the side weigh's it and puts bar code weight sticker on it sure it cost a cool million or two. How many do you want?


tom

 

[rox]

tom,
do you think they would do a trade for olive oil?
Since the buyers got their loan approved pending the appraisal the last open item (at this time) seems to be the hot water heater. The Lessor is saying it is leased but our attorney read he contract and he says that they didn't check one of the boxes on thier contract so it looks to him that the paper work shows it to be a service contract with the old owner. The problem with that is that they did file a UCC so we would need to get them to remove that whihc of course they are not going to be motivated to do. The Water company is saying it is a 2007 $7,000 HWH. So although we would come out ahead we might have to sue them to get them to relase the UCC. Then of course how will this impact our closing. Our attorney has a used commercial HWH that will do the job I am tempted to tell the buyers, "Look we didn't know about this, too bad, you have a leased hot waer heater. I figure these guys just got thier loan approved they really want the place thye can deal with the lease. We will give them a free used HWH from our attorney and then that is it. Bye-bye you are the new owners you figure it out. I am not inclined to do anything that will cost us any money. It is a last minute surprise for us but it is also a last minute surprise for them. They have invested over a month in getting thier SBA loan, they have had their contractors in multiple times, they are going to go through with this deal. a $110 a month lease on a HWH is not going to break their deal. We were not hiding this from them and they know that, the darned water company just filed the UCC in December. Further more I have no idea if this is leased or not. For all I know they are jsut trying to take advantage of us, thier paperwork does not say it is leased, only that it is a service contract.

I think what will happen is our attorney will talk to their attorney and they will remove their UCC after the attorneys talk. I think what they are doing is called "slandering our title." The buyers are very anxious to get in there and start their remodle so if this thing drags on they may see the light in jsut paying $110 a month. Monday things should shake out. I'll keep you posted. I am having a lot of sleepless nights and reading the posts on TBN takes my mind off things. Hey it is better than hitting the bottle

 

[rox]

The latest. We are still hanging in thier on our closing. Turns out the buyers do not have thier financing approved. #1 the bank provides some financing, #2 the Wisconsin development Corp provides some financing #3 the Small Business Administration provides some financing. #1 & #2 are approved but #3 is still in the works. The deadline for financing approval is February 8 and closing on February 13th. The buyers now say the SBA will give verbal approval on February 9th and written approval on February 12th. They need to push back the closing until February 20th. So I came up with the idea of, look you are costing us a week delay so in exchange for ammending our contract and giving you extra time you now own the Hot water Heater issue. I made some inroads with the supposed leasing company and they will uninstall it at no charge. Our attorney has a used commercial HWH that we checked with our plumber and he says it's even better thant he one in there. So the buyers for delay of closing will have to pay the plumber to install the HWH. In exchange they get it in writing that the dates are extended. They ahve until Thursday midnight to accept the amendment so we will see what happens.

Geesh this thing is taking forever- first we ahd to get legal title form the guy we sold it to, then it was Thanksgiving week so had to go into the next week. Then the next week when it got done all the Judges were out at a conference then an improper offer to purchase and now the financing is taking forever. It has been very difficlut and very stressful to wait out the events. The bank hired and equipment apprasier who was there yesterday and now the environmental assesment guy comes today. At least the roof finally got done and thankfully the US Dollar is getting stonger. I would feel a whole lot better if we simply had the final loan approval. I have been dealing with this almost on a daily basis for 4 months and I jsut want it to be over.

 

[EddieWalker]

Rox

Sounds like a royal pain in the backside. Something allot of people don't realize is this is normal in real estate deals. The bigger the deal, the more complicated it gets. Going comercial or with multiple parties just makes it that much more complicated. In the end, this is where some people get rich and others go broke.

Good luck, it sounds like it's far from over and anything is still possible.

Eddie

 

[Lloyd_E]

Hi Rox,

Any chance you have a supplier/seller in Nova Scotia Canada?

If not, check Pete's Frootique - Pete's Frootique Grocery Organic Fruit Baskets Catering Halifax Bedford Nova Scotia

He's a British chap that has opened a chain of high end grocery stores. He imports stuff from all over the world and has a show on the Food Network. He also distributes to the restaurant industry as well. He learned his trade in Britain and also operated businesses in Toronto Canada.

We buy from him and I buy a lot of olive oil from several retailers in NS.

Might be a good opportunity for you.

Good luck with your sale... sometimes it is just a matter of time and letting the pieces fall into place!

Lloyd

 

[rox]

Lloyd,
Oh thanks big time for that tip! We have a brand new distributor in Canada and he is going really great alrady and doesn't even have our oil yet. He already has orders. He wrote that every single retailer who he had sample our oil they all LOVED it. Man I was so happy to hear that. I guess he is big all voer Canada so I will pass on that lead about Pete's Frootique. Acrually I think I'll do both, I'll reach out to him but then also connect with our distributor about him.
Oh good news for our TBM members in Texas. There is a fine food store in Houston that I am hoping and I am thinking is probably going to purchase our olive oil. I mailed out samples today so it will take a little bit of time for them to get it and for me to follow through. I did talk to our on line dealer www.iGourmet.com today and he is going to order so even with the economy situation it looks like cross my fingers so far, that we won't loose any customers and actually gain some new outlets.iGourmet is out of our olive oil and I am pushing him to order more because for 2 years in a row he has run out of our oil. I am most exited about the Canadian distributor I think he is going to sell a lot of our oil. I even special ordered front labels that say Exclusively imported by VirginCoast. I had a round about conact with a journalist in Quebeque and I refered her to our distributor and she actually called him this week so when our oil gets into Canada I am thinking/hoping that there will be a nice article about us in Quebeque magazine. And the same day the distributor got a phone call from a cooking show in Montreal maybe Ricardo or somthing like that. he is trying to set up where we go and be on the cooking show. So there are things in the works for Canada and we will ahve o see what actually comes through. I would say in about 5 to 6 weeks our oil will be in fine food stores in Canada which is cery very exciting for us, very exciting.

 

[2manyrocks]

I said this before. I'm not sure that the leasing company is entitled to prevail when they installed the water heater and then came along later and filled a UCC claiming it is still theirs. When the heater is installed, it becomes part of the real estate unless they have affirmatively taken steps prior to the installation to cause it to retain its status as personal property. Their UCC filing should have come before the water heater was installed if they wanted to perfect their rights and have it continue to be treated as removable personal property.

The leasing company's argument is that they filed the UCC before the sale is completed and therefore your buyer has notice of their ownership and can't take ownership of their heater without paying them. Logically, this isn't a good argument because they already affixed the heater to your real estate so it is no longer UCC personal property at the time they finally got around to filing a UCC at their convenience.

It might have been a $7,000 water heater when it was new sitting in the box uninstalled, but what is the resale value of a used commercial water heater when they installed it on your property and didn't perfect their rights in it before they installed it?

 

[CurlyDave]

I said this before. I'm not sure that the leasing company is entitled to prevail when they installed the water heater and then came along later and filled a UCC claiming it is still theirs.

I suspect they are not counting on prevailing in court. They are counting on being able to throw enough of a monkey wrench into the deal so that someone with an interest in seeing it completed will just pay them off. rox has come up with the perfect solution -- just give it back to them.

Now it sounds illegal to me, and it probably opens them up to liability claims, but the practical aspect is that it would take years to litigate and they are hoping to just be paid now. The amount is small enough that no one can reasonably expect to sue them and come out ahead when legal fees are figured in.