rascoil said:From what I can tell this is what has happened to him. They will sell of the tractors and stick him with the original amount less the fees. The word fees covers allot of ground, also in a negative way for the dealer. I guess they would treat it just like a auto repo. With all the bells and whistles. I wonder how many folks really did read there entire contract. I read things twice now and some times keep it over night and read it again. They know just how to fall in that gray area to keep big business safe from the little fish and out of court. This needs to be brought to public attention as much as possible. It needs to make it to the main stream media. A news network need to get a hold on this story.![]()
I think this is probably what happened: The dealer in question returned his tractors before he found out that Farmtrac did not have the money to pay back Textron.
When you return floor planned whole goods, Farmtrac has to buy them from you by paying off Textron. Then Textron subtracts what is owed them and then sends you the difference if any. Because Farmtrac did not have any money (or credit either) they could not pay Textron. It would be nice if Farmtrac had explained this rather than accepting the tractors. ( I wonder if a criminal suit could be brought against Farmtrac employees for accepting the tractors knowing they had no money at all to pay for them. Isn't it something like fraud to accept something under false pretense?)
Textron may be able to request that the tractors be returned to the dealer but most likely the dealer will be considered one creditor at the end of a very long line of creditors. Whatever he gets will likely be a few pennies on the dollar if that much. Textron will still demand their full amount.
I paid $1000 to a lawyer for him to find this out for me when Scorpion folded a few years ago. His advice was do not return the merchandise that was floored by GE Capital to a bankrupt Scorpion. I'm glad I paid the grand it was good advise.
Remember nothing I say is good advise--consult your own experts--but as for me I won't return tractors to Farmtrac except if they hand me full payment in cash with my attorney saying that the Farmtrac employee has the authority to receive the tractors and the authority to expend the funds.
I do not expect Textron to auction the tractors right away as long as we can keep paying them the 11.25% interest and insurance. Where can they get 11.25 % anywhere else? The problem comes as the tractors age the value of the collateral drops. Also the insurance company may think that their risk is too great. Think of it if someone stold all your tractors--$1000 deductible and you're out of the problem. I can guarantee you the thief
won't be a Farmtrac dealer!