need legal advice

[Anonymous Poster]

</font><font color="blue" class="small">( 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.)</font>

But, that's eactly what she did do - she paid for the whole thing up front, and now they want another $5,000 to get it out of wherever it is. She's already out the $15,000 or whatever the tractor costs, and now they want more! Apparently, the $5,000 they now need was supposed to come out of her intial, full, payment for the tractor, but the wife of the dealer says the money to pay it has disappeared.

As far as the previous post saying that it was going to be picked up, that was Vince, the dealer, who said he was going to pick it up, but then he died! With him, apparently, went all the knowledge of how he was going to pay the $5,000 and get the tractor.

 

[Darren]

It's obvious that some of the posters don't understand what's going on. Lisa herself doesn't fully understand the situation. She needs enough info to confront the current owner of the business.


She fully paid for the tractor. Perhaps one of the other Jinma dealers can enlighten Lisa on who they contact to order the equipment. If they don't want to make the info public they could send Lisa a private message. Meanwhile the clock is running on storage charges.

Lisa needs to be able to confirm independently of the original dealer that the tractor was or wasn't paid in full. The question remains, who is requesting the $5,000 payment? From my experience, it isn't the port, the customs broker or customs. That leads you back to the agent for the tractor manufacturer.

I wouldn't get a lawyer involved until all the facts were known.

 

[lisa]

O.K. here's the latest..... /forums/images/graemlins/ooo.gif
(I will leave out actual names to protect those who may not want it known). There are at least 4 tractors in the rail container. I was contacted by another one of the buyers. The $5000.00, yer, about $ 6000.00 now is because the rail yard is charging $100.00/day for storage. Had Vince's wife had someone pick it up it would have been about zip. But now you can do the math and see how long it has been sitting there!!!!
To put to rest the speculation about deposit/ no deposit, etc. My check was for ~$9500.00, this included $900.00 to have it shipped from Mich to Wyoming. All 4 of us involved in this now apparently paid in full. Most of the other buyers have been waiting between 6 to 9 months (so at least there are more fools in this world than me /forums/images/graemlins/crazy.gif)
Our dilemma now, money aside (which is likely going to be 8 to 10 grand split 4 ways when all is said and done) is getting the container out of the railyard w/o a semi and then the crates out of the container w/o a forklift, etc. (My contact person went to the wife's to get all the paperwork, so that is done). Another buyer went through the AG's office back when this all started so I will try to get attached to that suit.
My last comment for this post...any advice on what we will find in the crates? I mean when I drive to Michigan [or Ohio] to finally retrieve this puppy do these things come with instructions? /forums/images/graemlins/smirk.gif

 

[markie61]

A guy started a link under "chinese tractors" entitled "building a Jimna 224." He put in a link to his personal website, where he does a step-by-step assembling one (not that much detail, but it gives you an idea....)

Click HERE to get to the post.

Good luck!

Mark

 

[rockyridgefarm]

OK, Lisa, this is nuts, but why don't you set up a PayPal account. Then all the TBN'ers that feel yer pain, can pitch in a few extra bucks. Stranger things have happened...

This probably violates 3 or 4 site rules...

 

[Darren]

What a mess.

You're in the twilight zone now. If you or your rep have the proper paperwork which identifies you as the designated consignee, I'm guessing you can take delivery after paying the storage fees.

I talked to a Jinma importer today. I hope your shipment is in the US and not in Canada because Canadian customs has been demanding extra inspection fees. Other than the logistics of getting the container out of the yard and unpacked you still face the possibility of some of the tractor parts being defective after you assemble the tractor and try it out.

Once you take on the responsibility of assembling the tractor, what if there's a warranty problem? You're not a dealer. Then what?

As for getting the container, a trucking company should be able to arrange that. Trucking brokers are listed in the yellow pages of larger cities. One bailed me out of a sticky situation once by arranging for a company to spot three flatbed trailers on a Monday morning after another company called me 3:00 pm on a Friday and cancelled out. The company also stored the trailers with 70,000 lbs of steel for over a month at no charge until I was able to schedule a crane and take delivery.

If the crates are in a standard shipping container, you'll still have to arrange its return unless the crates can be unloaded and transfered to a truck for delivery.

I hope things start to go right for you.

 

[JDGREEN4ME]

Is there any chance the storage facility might be willing to negotiate on the storage fees? it seems you would have nothing to lose in trying...

 

[Anonymous Poster]

You need to and should put this mess on the chinese tractor owners ****. web page,not the chinese part of this board,its another web site,I tried to get on it today but there was a note saying there server was down or something like that.Ihave heard people[or actually read] people on there talking about the same company before[not concerning an issue like this though],you will be talking to a lot of people who have bought crate tractors and somebody should be able to help.As a matter of fact I remember reading on there the widow saying her husband had died. RICHARD GAUTHIER

 

[usedcarz]

no, lisa, there isn't any instructions, believe me! the tractor, with all parts, wheels, rops, everything bolted down, but it's all quite simple and self-explanatory. as far as warranty--??? your dealer would have had to handle that, so i doubt there is any. sounds like the time frame is going to be eat up anyway. if any parts are ever needed, go to www.jinmaparts.com or www.deljen.com hope we have helped. nobody should have this much trouble buying a tractor, no matter where it is made or how much it cost. /forums/images/graemlins/tongue.gif

 

[Inspector507]

I really think lisa just got caught up in a "one in a million" chance that the dealer passed away. I do hope there is an equitable solution for her and the dealers family soon.