old and tired
Veteran Member
- Joined
- Jan 15, 2019
- Messages
- 1,934
- Location
- Raleigh, NC/Hillsville, VA
- Tractor
- L2800 HST, 2005, R4 tires
Need to update your profile...we went ahead and purchased the tractor...View attachment 635220
Need to update your profile...we went ahead and purchased the tractor...View attachment 635220
Again, thanks for all the input. I have to admit, with a lot of angst we went ahead and purchased the tractor. We had a mechanic from one of the local dealers check it out and he gave it a thumbs up. Like mentioned above it did clean up nicely. I'm a bit envious of my brother-in-law who just plopped $28K down on a L3901, but I wanted my purchase to start with a 1.
View attachment 635220
Are you sure you own it? If it was financed and not paid for you do not own it. Sorry if I missed the answer to this question, just seeing this thread now.Again, thanks for all the input. I have to admit, with a lot of angst we went ahead and purchased the tractor. We had a mechanic from one of the local dealers check it out and he gave it a thumbs up. Like mentioned above it did clean up nicely. I'm a bit envious of my brother-in-law who just plopped $28K down on a L3901, but I wanted my purchase to start with a 1.
View attachment 635220
We hear these stories about a person losing their tractor because the original buyer sold it without paying it off. Frankly I don't doubt it has happened, but I'll bet is very rare.
As something to be concerned about, it all sounds a bit far-fetched to me.
If that were true and common, then the entire used tools, used goods, re-purposed materials, and all the 2nd hand markets would collapse tomorrow. Including EBay.
It may well be that a signed receipt - a bill of sale - is all that can be reasonably required of a 2nd hand buyer, and that it is the finance company who has the responsibility to prevent a fraud.
I believe that division of responsibility would make more common sense, and expect a judge might see it that way too.
I wonder what we are missing while discussing this that would be obvious to a person trained in law.
rScotty
In different terms...
Somebody breaks in & steals a Rolex.
Thief sells you the Rolex.
Cops find the Rolex.
While you arent likely to face legal action if they believe you didnt steal the Rolex, you are going to loose it.
SNIP
So you'd be in the legal right, but trying to squeeze blood from a rock mostly.
SNIP
And many buyers wont do the due diligence of checking with a dealer or the OEM to see if there is a risk there. I'm going to guess the likelyhood of a tractor being financed outside of the OEM is reasonably low, but again not zero.
It may well be that a signed receipt - a bill of sale - is all that can be reasonably required of a 2nd hand buyer, and that it is the finance company who has the responsibility to prevent a fraud.
I believe that division of responsibility would make more common sense, and expect a judge might see it that way too.
it is not a matter of them asking you to give it up because they would rather have it. I suspect that if you interfere with their repossession you will be talking to the sheriff and they will have the legal paper work and you will have nothing.But I doubt that most folks would be willing give up something they had paid for just because someone else said they would rather have it.
rScotty
Interesting that you mention going to a dealer to check. Do dealers even do that? Has anyone hear asked their dealer? How many dealers would be willing to sign a statement that the serial number was clean?
I've bought and sold my share of tractors - mostly used. I've never checked with a dealer so I just do not know the answer.
But I doubt that most folks would be willing give up something they had paid for just because someone else said they would rather have it.
rScotty
Not at all true. This is not the decision of a judge, nor is it the responsibility of the finance company to prevent fraud.
The dealer has zero responsibility if the original buyer sells to you without paying off the loanI see it as a matter of relative responsibility.
Take as an example the type of event we are discussing - where a dealer works with a finance company to sell a tractor to a person who then resells it to me without having completely paid for it. Everyone in that chain of events bears some responsibility for what happened.
I don't know how a judge would divide up the responsibilty between the various parties, but I do have faith in our fair legal system. And I know that as the last person in that chain of events, I am the person with the least responsibility of all. I had no ability to change - or even to be aware of - the behavior of any of the people who caused this problem. Therefore I have less responsibility for their conduct than they do. There is no way it falls entirely to me to make them whole again.
rScotty
The dealer has zero responsibility if the original buyer sells to you without paying off the loan
The original buyer is a skunk and a fraud for selling it to you without paying the loan off
You would be the unfortunate one out of money
The finance company owns the tractor, you do not
There is nothing for a judge to rule on, the finance company owns the tractor, you do not.
I have a bridge I would like to sell you, the Golden Gate Bridge to be exact. Wire me $10,000 and check with the state of CA to see if you own it. Same thing.