Tractor sale gone sour.

[Tractors4u]

On February 25th a guy bought a tractor from me via eBay. He was supposed to pay for it within 7 days as stated in the auction. He asked me if he could have a couple extra days and I said yes. Those couple of days turned in to 1 month. He finally agreed to send me a deposit of $1000 of the $2400 total. Said he sent a check and it never came.
I was to point of getting feed up but thinking that the excuses he had given could have been true I gave the guy a break and told him he could Paypal me the $1K. He said OK he would and then said he really needs me to give him positive feedback as soon as I get the money. He sent the money and I told him I only gave feedback after the transaction was complete. He went ballistic. I mean he went whacko! Then he wanted a refund. All this time he is bidding on other tractors on eBay and gets 2 negative feedbacks on them for crazy reasons as well.
He files for mediation with Squaretrade.com and I agree to mediation. I don't budge though. Finally he agrees to to come pick the tractor up on May 10th and will pay with a Certified CHeck or cash. He brings his check and I show him the tractor and I help him load it. The guy didn't know how to use ratchet straps /forums/images/graemlins/confused.gif He was fairly cordial. we talked about dogs, trucks and tractors. I even apologized for us getting off to a bad start.
Fast forward to yesterday: My wife calls me at work to tell me the check has been returned. I called this guy and he said I misrepresented the tractor and that because I refused to refund his money he was forced to take the tractor and cancel the check. He said I turned the wheels out on the tractor so it would appear to have wide turf tires on it. I have attached a picture from the eBay listing. You can see the width of the tires.
Well when I gave the Sheriff's department my story, cancelled check and the eBay listing picture of the tractor they called the guy and he got smart with them. They called the DA and got her take on. She asked if I would be willing at this point to refund the guy his money if he would bring the tractor back and I said yes. When the buyer was given the offer he turned the investigator down and said I owed him for his trouble.
The investigator told the buyer he could come back to Alabama to turn himself in or they would come pick him up, he said "I guess you better come get me then". He has been charged with theft by deception. They told me they would fax the warrant to North Carolina last night or this morning and their sheriff's dept would pick him up this weekend and our dept would go get him Tuesday.

 

[B7500]

Good luck. Keep us posted.

 

[JohnMiller3]

<font color="blue">...He brings his check ... </font>

Hi Brent,

I'm truly sorry about your troubles...

You showed the "handwriting" on the wall with this guy from day one... what possessed you to take a "check" (even a certified can be Stopped payment) without some wait period...?

Getting some jail time is some satisfaction... but you need your tractor back... /forums/images/graemlins/blush.gif

(especially before he "damages" it internally, out of spite, claiming it was that way when he purchased it! /forums/images/graemlins/shocked.gif)

 

[knucklehead]

Well, I'm ugly, now! Sorry about your trouble. Nice looking 1100, though.

We had 7000 pine seedlings planted at 6' spacing in a field we weren't using in the 70's. In the mid-80's, Dad found a buyer that wanted to dig 6' to 8' tall trees and haul them on a flatbed out of state to sell in developments. He offered $25.00 per tree, dug them with one of those hydraulic spades (I think it was on the front of a skid steer), balled and loaded them, all very professionally and cleanly. We figured we were getting our trees thinned and being paid for it - he said he was going to double or triple his money, too - everyone's happy, right? Right......he drove off with the first load after giving my Father a down payment, promising to be back for more & more trees. Never heard another word. Dad had written down some information about the guy either from the truck or checking him out some other way (I think he actually remembered his name and location from casual conversation, and tracked him down via directory assistance). He called and got a lot of talk. One thing led to another and Dad finally went to see the town police. They drove all the way down to either MA or CT, wherever the dub was from, and told him either they were bringing back a bank check, or him. They escorted him to this bank, got a check and brought it back. Our tax dollars at work.

What a bunch of winners in this world, huh? Sometimes "Frontier Justice" has a place. You can be sure there is a long trail of hurt people behind this dink. Hope your tractor is O.K.. I wonder if there is anything you can squeeze out of him for your lost opportunity?

 

[Tractors4u]

It was my understanding that a certified check could not be stopped unless it was lost or stolen. When I talked to his credit union they said that the ability to stop payment on their certified checks was a member service they offered. I asked them why he stopped payment and they said they did not know. My credit union and the circuit court clerk both said that legally the only way that check could have been stopped was that it was lost or stolen.

 

[JohnMiller3]

<font color="blue">... my understanding that a certified check could not be stopped unless it was lost or stolen.... </font>

Brent,

The only thing I've never seen a stopped payment on is...

<font color="green">...CASH...!</font> /forums/images/graemlins/wink.gif

 

[shado]

Over two decades ago I had a cashier's check (as a refund for merchandise) come to me in the amount of $150, deposited it & a week later my account got deducted due to 'insufficient funds.' Never would have thought such a thing could take place. The 'company' told me to run it through again, 2nd time around it took hold & everything was OK. But it has me so leery of people & things that I try my best to wait out the outcome before I count my chickens.
Sorry about your dilemma, especially since I'm here in NC as well. I'm having to pusue my own bankruptcy-dodging, no do-gooder myself, so I know how it feels.
J.W.

 

[knucklehead]

<font color="blue"> I'm having to pusue my own bankruptcy-dodging, no do-gooder myself, so I know how it feels.</font>

What's really funny is that it seems they have to work twice as hard for less gain than earning an honest wage, treating people with respect, and saving towards a goal. The old Tortoise and Hare fable, I guess.

 

[s1120]

Wow! That is a real nice looking tractor. Sorry to hear it went to some dirtbag. I don't have any advice for you, just a wish that everything turns out OK, and you eather get your money, or the tractor back in the same shape. Its sad that there are people out there that are trying to take advantage of helpfull people. /forums/images/graemlins/confused.gif /forums/images/graemlins/frown.gif. Well, hope everything works out for you.

 

[cowboydoc]

I feel your pain. /forums/images/graemlins/tongue.gif I've lost quite a bit over the years on cattle and horse deals. You try and be nice and take payments, check, etc. Just about every time it bites you in the hindside. Anymore I will only take cash. I don't care if it's for $10 or $50,000. The other thing that I have used for big amounts is wire transfers. This is just like cash. So far I haven't heard of any scams this way.