Seller reneges...options?

   / Seller reneges...options?
  • Thread Starter
#11  
Hi Junkman, I enjoy following your posts and have learned a lot.

Additional info: The seller suggested and agreed to hold the tractor untill Wednesday. I gave him my bank info and asked if he wanted the deposit money wired or over-nighted by certified check.

The next morning he e-mailed to say that his wife had sold the tractor for cash and apologized.

I am certainly not saying that he is a crook... He could have said nothing and taken my deposit.

My whole point is when I make a commitment, I honor it.
 
   / Seller reneges...options? #12  
Yeah, Bigal, that sounds right JD, not YM. I should have thought of that, but since Yanmar did sell under their name here, I thought maybe you just transposed some numbers. I hope your trip goes well, see you on the island! John
 
   / Seller reneges...options? #13  
Junkman... You are not wise, you are wisdom!
 
   / Seller reneges...options? #14  
<font color="blue"> Junkman... You are not wise, you are wisdom! </font>

Yeah Junkman, what he said...
You are a wiseguy! /forums/images/graemlins/tongue.gif /forums/images/graemlins/tongue.gif /forums/images/graemlins/tongue.gif /forums/images/graemlins/grin.gif
 
   / Seller reneges...options? #15  
Aw, there ya go again startin' trouble! /forums/images/graemlins/tongue.gif /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif /forums/images/graemlins/wink.gif
 
   / Seller reneges...options? #16  
Lets just say that we differ on this and I respect your ways of doing business. I also do business based on my word being my bond, however, I realize that many times that people don't follow through with telephone dealings. On your piece of land, you had met the person in all probability and he looked over the land. That makes a big difference. You were able to "size him up" and he likewise. On the telephone, he has no idea if you are a multi millionaire looking to save a couple of bucks or a tire kicker that has to beg and borrow to come up with the money and might not get all that is needed in time to close the deal. If he had called, would it have been any different? I don't think so. You should have sent a deposit and that way you would have known that it was your machine. Would you sell your land based on a telephone call from a person that you had never met, saying they wanted to purchase it and meet them at the attorneys office for the closing, or would you want a contract and a deposit? I stand by my original words, I think that he did what he felt was best for him under the circumstances. Had he had a financial commitment from you, things would have been different and you would be posting about what a great tractor you got.
I looked at a tractor last fall that was advertised on the site and the description sounded great. Only 28 hours, the price was also right. I drove out to look it over and walked away.
It was everything that he had described, but it was what he didn't say that convinced me that I didn't want to purchase it. I could have sent him a deposit and then I would have been obligated to take it, but I chose to spend the time to drive to the machine and check it out for myself. At the time, this is what I wrote about that machine.
</font><font color="blue" class="small">( Today I made the leap and placed the order for a new one just the way that I want it to be. I looked at a 2002 used BX22 from a private owner that had 28 hours on it, but it had a bad dent on the side of the front bucket...... and about a 2" tear. Ran well after we removed the mouse nest from the engine. He hasn't used it for a couple of months.... had more mud on it than a mud wrestler after a 10 round bout. I think that the tractor would clean up and the damage could be repaired, but with only one year remaining on the machine and the savings didn't add up. I decided that it just wasn't worth it for me. It had a dent on the hood also that detracted from it. )</font>
You will never know, but that machine might not have been everything that it was represented as being. Pictures don't tell the entire story. You have to physically inspect the machine or know the person selling it very well to know that the description is accurate.
You will probably still not agree with me on this, so lets just agree to disagree... want to buy a tractor in CT? /forums/images/graemlins/grin.gif
 
   / Seller reneges...options? #17  
</font><font color="blue" class="small">( <font color="blue"> Junkman... You are not wise, you are wisdom! </font>

Yeah Junkman, what he said...
You are a wiseguy! /forums/images/graemlins/tongue.gif /forums/images/graemlins/tongue.gif /forums/images/graemlins/tongue.gif /forums/images/graemlins/grin.gif )</font>

</font><font color="blue" class="small">( Aw, there ya go again startin' trouble! /forums/images/graemlins/tongue.gif /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif /forums/images/graemlins/wink.gif )</font>

While I am typing and trying to keep my thoughts together you guys are ganging up on me and making snide comments. /forums/images/graemlins/grin.gif Isn't it bad enough that I have to spend my days looking for another tractor???? /forums/images/graemlins/mad.gif /forums/images/graemlins/mad.gif At least I think that PineRidge has found a sucker, I mean, a buyer for my BX22. I am getting good vibes on the PowerTrack and think that it is going to be the next one for me. /forums/images/graemlins/smile.gif
 
   / Seller reneges...options? #18  
Massy Ferguson tlb 2310 it is RED

DougM
 
   / Seller reneges...options? #19  
You agreed on a price, you told him you were going to buy it, you gave him the bank info and delivery was set and he agreed to hold it for you until Wednesday. Then he calls and tells you his wife sold it to someone else for more money. If the wife did not know of your agreement with the husband, it is an unfortunate incident and the man did the correct thing by notifying you. If, on the other hand, he and the wife had common knowledge of your agreement and they went ahead and sold it to someone else for more money anyway, they went back on their word and are, in my opinion, weasels.

Morally, once I agree to sell something to you and tell you I will hold it for a period of time, I am bound by my word for that period of time, even if no money has changed hands. Plain and simple. No matter how much more money someone offers me for the item, I am still bound by my word to you until the agreed upon period of time elapses. Legally, however, I probably don't owe you beans without a written contract. Unfortunately, I have met several people that don't have that same set of morals. On the bright side, the other umteen thousand do!

Chalk it up to experience and hope that most people are not weasels. /forums/images/graemlins/smile.gif
 
   / Seller reneges...options? #20  
There is a valid form of contract known as an oral contract. I'm not a lawyer and I don't offer legal advice, but I got this from law.com:

<font color="blue"> oral contract
n. an agreement made with spoken words and either no writing or only partially written. An oral contract is just as valid as a written agreement. The main problem with an oral contract is proving its existence or the terms. As one wag observed: "An oral contract is as good as the paper it's written on." An oral contract is often provable by action taken by one or both parties which is obviously in reliance on the existence of a contract. The other significant difference between oral and written contracts is that the time to sue for breach of an oral contract (the statute of limitations) is sometimes shorter. For example, California's limitation is two years for oral compared to four for written, Connecticut and Washington three for oral rather than six for written, and Georgia four for oral instead of 20 for written.
</font>

Oral contracts are enforceable, but without a witness, you'd have to determine whether it's worth pursuing. This goes beyond "word is bond"; it's possible you could force the sale of the tractor or receive damages.
 

Tractor & Equipment Auctions

2002 CASE INTERNATIONAL MX270 TRACTOR (A51243)
2002 CASE...
2022 BOBCAT T595 SKID STEER (A51242)
2022 BOBCAT T595...
Cat TH407C Telehandler (A52128)
Cat TH407C...
Toyota 6FGU25 Forklift  5,000 lb Capacity (A52128)
Toyota 6FGU25...
2010 Ford Edge SE SUV (A51694)
2010 Ford Edge SE...
2019 HONDA PIONEER 5 1000 UTV (A50459)
2019 HONDA PIONEER...
 
Top