How long is long enough?

[Farmwithjunk]

Last October I sold a plow through an internet classified add to a buyer in Pennsylvania. We made an agreement that I'd store the plow indoors until pick-up in "a few weeks". A check was sent. It cleared and I considered the plow as someone elses.

Fast forward 6 months. I hadn't heard from the buyer since. I tried to contact the buyer via email to see if he was still coming after it. No reply. I sent a registered letter to see if he was coming. It was deleivered 2 weeks ago. No reply. Phone # I have comes back as "disconnected". In my letter, I informed the buyer I was going to start charging a storage fee of $1 per day after 6 months expired.

2 questions. How long do I need to hold this thing until I can consider it abandoned property? And, why would someone that far away buy a not-so-rare item at more than market value, then never come after it OR respond to my attempts to contact him?

 

[RollingsFarms]

Last October I sold a plow through an internet classified add to a buyer in Pennsylvania. We made an agreement that I'd store the plow indoors until pick-up in "a few weeks". A check was sent. It cleared and I considered the plow as someone elses.

Fast forward 6 months. I hadn't heard from the buyer since. I tried to contact the buyer via email to see if he was still coming after it. No reply. I sent a registered letter to see if he was coming. It was deleivered 2 weeks ago. No reply. Phone # I have comes back as "disconnected". In my letter, I informed the buyer I was going to start charging a storage fee of $1 per day after 6 months expired.

2 questions. How long do I need to hold this thing until I can consider it abandoned property? And, why would someone that far away buy a not-so-rare item at more than market value, then never come after it OR respond to my attempts to contact him?

i'm no lawyer but isn't posession 9/10 of the law? "a few weeks" means 3-4 weeks AT MOST, unless otherwise specified by the buyer. was the agreement verbal or on paper? on paper is easy to prove, verbal contracts not so easy. numerous attempts were made by you to contact this individual(emails, phone calls and a letter which you all can prove in court if it comes to that), in more ways then one. no response was given, i would imagine any judge is going to tell you the contract was broken and you should most liley get to keep every cent for storage fees.

 

[Birdhunter1]

This is a longshot but since I know a guy who did this often I know that people actually do this.
I'd bet his taxes for his farm said "I bought a plow," regardless of the fact he never possessed it he could legitematley say he bought a plow to use on his farm, this is a how much it cost and this is what my profit is.

Farm how far are you from hartford, KY? I might be heading down that way on Saturday.

 

[CATMAN]

They are probably waiting for the price of gas to drop back down to a $1.50 a gallon. (One year maximum would be my limit.) Are you thinking of putting it up for sale again? If so; I would set that money aside just in case it became an issue later.

 

[gordon21]

People buy stuff all the time and never pick it up.

Half paid for layaways, storage unit auctions, etc.

I rented one of my apartments one time and the couple came and paid one months rent deposit in cash. Never heard from them again. I also took a $1100 deposit on a house sale one time (non-escrow) and never heard back from the buyers.

After 7 months, you can safely assume you will never hear from them again. There could be a hundred reasons why he isn't coming.

Dead, in jail, moved four states away, doesn't need a plow any more, not worth the gas to come get it, divorced and the spouse didn't give him the letter, and so on.

The only reason to give a refund or the plow is if he comes back in a year and says he was suddenly shipped off to Iraq. In that case, give him the plow or $$. Otherwise, I would consider it mine again next week.

 

[Farmwithjunk]

OK... Here's the "plan". I'm sending out a follow-up registered letter today. It will indicate a date at which I'm considering the plow abandoned, a storage fee and date at which it starts to accumulate (Date at which 2nd registered letter is signed for) , and my cell#, home #, work#, as well as an "option" to let me re-sell it to recover his loss (less my storage fee) I'm also stating that no response with-in 2 weeks of receiving the letter indicates he's not making any further contact with me. (First registered letter was signed for by the same person who bought the plow and sent the check)

My boss, who owns a U-store-it business, told me his standard storage fee/late fee is 2.5% of the owed bill or value of items per day. Based on sale price, that's $15 per day. He also told me Ky law requires he hold items for 90 days past final notice. Storage fee could top double the purchase price. Also, to keep it legal, I'm required to advertise (in newspaper) at least 3 times during that 90 days. Then items must be sold at public auction. An awfull lot of trouble for an old plow.

I MIGHT just have a plow to sell.....AGAIN.

 

[Thomas]

Maybe your local law enforcement could give some advise....you have been more than fair.

 

[scott_vt]

Mornin Bill,
Would it be a two bottom with 3PT hookup ??? Ive been needin one of those !!!

 

[RollingsFarms]

yeah, i'm sure you wouldn't have a problem selling it to anyone on here.haha

 

[texasjohn]

I'd send the 2nd registered letter, indicate the date you consider it abandoned. I'd not start a storage fee... just set an abandoned date... there has been so much time... after that date, it's yours again.... more than fair... I'm not a lawyer, but I think that you have demonstrated "due dilligence" in contacting and waiting for pickup.... after your "date certain" I'd claim it's yours again. Then, sell it again...

 

[WhyNot]

Farm, I don't believe you can add the storage fee after the fact. The verbal agreement was that you would store it for the buyer for a few weeks, as you did, with no mention of a storage fee. Other than that I believe what you are doing is the right thing.

 

[Farmwithjunk]

Farm, I don't believe you can add the storage fee after the fact. The verbal agreement was that you would store it for the buyer for a few weeks, as you did, with no mention of a storage fee. Other than that I believe what you are doing is the right thing.

I'm mostly trying to evoke a response from the buyer. In the end, I'd most likely just let him have HIS plow. I'd like to know IF and WHEN he has any intention of (a) contacting me, and (b) picking up his plow. I would be more than willing to re-list the plow, sell it for him, and forward his money, should he inform me he has no intention of picking it up. At this stage, I have no clue as to his intentions. I'd hope the threat of additional cost would draw some sort of answer.

Oddly enough, I had this very same scenario play out on ANOTHER plow I sold 3 years prior. Buyer was in Florida. After 18 months, he contacted me to inform me he had divorced and had no land/tractor/way to haul anymore. I sold his plow and sent the money on. He offered to "just let me have it back". I got my cash. I don't want to take what isn't mine.

How many times must I sell each plow?????????

 

[Timber]

Maybe the guy died, Things happen to people

 

[texasjohn]

You're investing more emotional energy in this than it's worth... as far as I can see you've exhaused all moral and legal obligations and gone beyond due dilligence..... if you don't feel that you can sell the plow again, just give it to somebody who needs it and will give it a lovely place to rest its shanks, preferably in rich soil.

 

[Farmwithjunk]

You're investing more emotional energy in this than it's worth... as far as I can see you've exhaused all moral and legal obligations and gone beyond due dilligence..... if you don't feel that you can sell the plow again, just give it to somebody who needs it and will give it a lovely place to rest its shanks, preferably in rich soil.

Well, One thing I DON'T worry about is selling it again. I've got over 20 emails wanting first crack at it when (and IF) it goes on the block again.

Mainly, I'm interested in doing what is right. I got my price when I first sold it. It now belongs to someone else. I just want it out of my shop and out of my way. I agree that I've done all that should be required. I'd sure feel bad if this guy did turn out to be in Bagdad, or having quadruple bypass, or..... and I sold his plow out from under him. Call me naive, but I just don't want to do someone wrong, even at the risk of being "wronged" myself.

 

[scesnick]

I say after the second letter, I would consider it abandoned and yours. I would keep the receipts for the letters hoever, He obviously isn't too worried about the plow so I don't think you will ever hear from him again. If he wanted it I'm sure he would have atleast kept you updated with a simple phone call..

 

[Jstpssng]

This reminds me of an ad that ran in the local paper a few years ago...
"Would the person who bought my radio tower last year please come pick it up"
(It was around 100 feet tall.)

 

[scesnick]

This reminds me of an ad that ran in the local paper a few years ago...
"Would the person who bought my radio tower last year please come pick it up"
(It was around 100 feet tall.)

Did he ever come and get it? I betting he didn't.