need legal advice

lisa · Apr 5, 2003

Help! I bought a Jinma tractor from a company in Michigan. Paid by check (cashed in Jan). Things were going somewhat smoothlyuntil the owner of the company suddenly died. Now the wife says there is nothing she can do as some port wants $5000.00 (it came the Canada) to release the tractor and she doesn't have the money. sooooo, What can I do?
Thanks, Lisa

RoyJackson · Apr 5, 2003

Boy...this is a real problem!!!!

And, you need to talk to a real lawyer.

Lisa, you'll get opinions here, but the sooner you go to a lawyer, the sooner your problem will be resolved.

JDGREEN4ME · Apr 5, 2003

I agree with Roy...you need to get a lawyer as soon as possible...

yooperdave · Apr 5, 2003

Hi Lisa,

Have you and the seller done everything possible to resolve this problem to date?

Though you will probably need a lawyer, it would be good if you both could resolve the problem first.

Once the lawyers get involved, everybody (but the lawyers)will be drained of their resources. These resources include but are not limited to time, money, loss of use of the tractor, and emotions.

If you get a lawyer, get some references. Integrity comes at a price.

Good luck

Yooper Dave

froggy · Apr 5, 2003

Lisa,

I agree you need to see an attorney who specializes in "commercial transactions" and "probate" because of the death of the owner. When the estate goes to probate, the estate will advertise in the local "legal newspaper" requesting notices of claims. This is not always known to the general public.

It is well worth the attorney fees because of the money you have tied up in this matter. Contact the local bar association in your city or the state bar association in your state and they will refer you to an expert in these matters

froggy

normde2001 · Apr 5, 2003

Lisa, I am also no lawyer, but you should definitely hire one and file a claim on the deceased seller's estate. It was not a good idea to pay the full amount, nor should the seller have cashed the check til you "saw the whites of it's eyes". This is, of course, assuming you already paid a fair amount for the tractor and an additional $5,000 would be out of the question.

BillyP · Apr 5, 2003

Lisa, if you know your local legislator or senator, give them a call. You definitely need legal advice. Since most politicians are lawyers anyway, give them a shot. They can't take your case but they can certainly get you to the right starting point.

I don't know how much you paid for this tractor but legal fees could end up costing you more than what you have in it now.

Whatever you do, do it in a hurry.

Good luck

Anonymous Poster · Apr 5, 2003

I too am no lawyer, but I think you need to find out who "some port" is and make some contact with them as well.

frank_f15 · Apr 5, 2003

broached this question to my daughter(attorney /forums/images/graemlins/blush.gif) she say u need to get lawyer, but #1 was this from a dealer? #2 the port fees should have been figured into the cost.#3 u need an attorrney!!! #4 she thinks you might be getting snowed. think about it. if u buy a car and pay for it and the owner dies do they resind on the purchase? be careful here. wish i could help more.

Pacesetter300 · Apr 5, 2003

This sounds like some kind of scam to me. I would get on the phone Monday AM and get in touch with the state Attorney General's office in Michigan. They should have a consumer fraud division that will get right on this. To hire a local personal lawer, he will in turn have to hire another lawer from Michigan to proceed in those courts. I would also get in touch with whoever distributes Jinma in the US and find out the status of this dealership. Good Luck
Pacesetter