Tractor sale gone sour.

[cowboydoc]

You're exactly right Bill with what I was told. According to the bank there is no reversal of a bank wire. When I had talked to them they had said that the only way to reverse a wire transfer was with a court order. The money once transferred was yours. It isn't like a credit card or the ACH's.

 

[Gary_in_Indiana]

I may well have misspoken when I used the term "wire transfer" earlier. When I was told about this the phrase used was "wire the money" and I called it a wire transfer when, in fact, it may well have been an ACH transaction. I apologize for any misunderstandings to which I may have contributed here.

 

[Gary_in_Indiana]

Jerry,

I couldn't agree more with you on deposits. Most buyers now seem to believe that they're entitled to have them returned if they simply change their mind for whatever reason. I don't.

When I write a deposit receipt I specifically state on the receipt that the money is for holding (yr., make, model & VIN) from that date through a specific future date. When someone changes their mind and wants their deposit back I simply point out that I did what I agreed to do; I held the vehicle for the agreed upon period of time.

I tell them to hold onto their receipt and I'll apply that amount to any purchase they make from me at any time in the coming year. I'm not required to do this, of course, but I do. This only applies to changes of heart, not to an inability to obtain financing. Those deals have deposits refunded in full.

I've even had people ask me if they can get their deposit back if they change their mind. I'm still amazed by that one. It's kind of like me asking if it's alright if I change my mind and sell it out from under them even though I took a deposit on it. I guess it's that old "personal responsibility" thing again. /forums/images/graemlins/smile.gif

 

[Mrwurm]

Good comments Gary. Sounds like you have a good system in place. /forums/images/graemlins/laugh.gif

 

[Anonymous Poster]

I'll give back a deposit for any valid hard luck story. In the case of financing, I set a definite time limit for them to obtain the financing, usually 30 days (although the home selling market in my area is so hot it can currently take up to 60 days to get an approval and I honor that); otherwise the deal is off and they get their deposit back. In other words, I return deposits if the buyer is not in control of the circumstances.

But, if the buyer was negligent, or has remorse, or found a better deal, the deposit is mine. When I accept a deposit, I give a litle speech, explaining the purpose of a deposit and why I would keep it. Even the stupidest person can understand that lost time and lost sales opportunities have value if you explain it to them.

Most, however, are shocked. They're used to the car dealer who will accept a $100 deposit on a $30K vehicle and then return it if they change their mind. Once I explain that it's a psychological trick so that people will feel like they have already bought the car, and that private sellers have different motives, they usually understand. If they don't, I simply don't sell to them.

I'm much the same way on price negotiations. After I name my lowest price, I can't be swayed by pleas of, "I don't have that much." I explain that there is no reason why I should lose any money to help them.

I will give anyone who asks a "right of refusal" so if they haven't yet been able to make a deal with me, I'll call them first to see if they can match any subequent offers I get. That doesn't cost me anything.

 

[BillG_in_TX]

Don,

I confess that I haven't priced BBQ grills lately, but do you really go through all that deposit/right of refusal/financing speech process on all your grills? /forums/images/graemlins/grin.gif

 

[Anonymous Poster]

(Laughing) No, but I also have recently sold 3 houses, and some other relatively big ticket items. The most recent was an old Toyota Starlet I had kicking around - they've gotten pretty valuable for drag racers who want to install rotary engines, and I had 3 people all wanting me to hold it for them.

But, yes, I often had to give the "speech" with regards to the business; I don't sell any grills less than $500, and most of them are $1,500 to $2,500. I also construct custom outdoor kitchens with built-in grills, sinks, under-counter fridges, and such, with an average price around $8-10K; the most expensive one I've done so far was in excess of $20K, and I have a $40K design in my head that is just waiting for the right person.

Attached is a picture of a typical job...

 

[Gary_in_Indiana]

Very nice!

 

[BillG_in_TX]

Don,

Anyone getting a nice outdoor kitchen like that probably needs a speech about mechanic's and materialman's liens! /forums/images/graemlins/grin.gif

 

[GaryM]

Beautiful work!

 

[Anonymous Poster]

Hey, guys, thanks, but careful with the comments - I just got a new straw hat and I don't want to have to return it for another size.

The cabinets are constructed from welded, square tubing aluminum, then "skinned" with HardiPanel exterior siding - a non-combustible cement board guaranteed by Hardi for 50 years. Then we veneer them with whatever the customer wants - stucco, stone, brick, ceramic tile, granite, etc. Here's the back of that same cabinet, showing the bar and slate tile.

We have to be very conscious of corrosion and rot in tropical Florida, so we don't use any materials that can burn, rust, corrode, rot, or attract critters (like termites). My cabnets will probably still be standing when the house tumbles down.

This is not a commercial for my work. First of all, we only do them in our local area, and second, I've put the work on hold for a while until I get moved to the new property. I had a couple of changes among key workers (one died; another had shoulder surgery), and I didn't feel like training new people until I move my shop.

 

[Anonymous Poster]

This is aother of my favorites; the simplicity of the colors appeals to me. Granite top, stucco sides.

Forgive me for showing off, but I really have fun doing them.

 

[Tractors4u]

Re: Tractor sale gone sour. Update

I talked with the branch manager at the main office of goober's credit union. He ran the number of the check and it was not a certified check. "Doh" as Homer Simpson would say. It was a check he had the credit union draw on his account and printed there at the credit union. My screw up on not being able to discern that type of check from a certified check. So chasing down the credit union for stopping the payment is out. It is in the hands of the Limestone County sheriff's department now. I talked with the investigator yesterday and he said the warrant was faxed Friday night and that they(NC local sheriff's dept) were going to pick him up at work yesterday. They didn't and they still hadn't picked him up as of this afternoon. I don't know why they are dragging their feet unless he knows somebody up there. I would love to be there when they do. He works at a new car dealership in Winston Salem.

 

[Tractors4u]

Tractor sale gone sour. Update Part 2

I was led to believe that once the warrant was issued that his local Law Enforcement would go pick him up. It would be an easy one too because they have his home address and they know where he works. I called and talked with the High Police department and they informed me that the only this guy will be taken in to custody is if he crosses paths with them and they run his license. If he gets stopped for speeding, a broken tail light or is in a fender bender and the police run his license then they tell me his warrant will show up on the national crime computer and then they will take him in and call our local sheriff's office to come get him. Bummer, this could take a while. /forums/images/graemlins/confused.gif For you Lawmen out there what do you think?

 

[Bird]

Re: Tractor sale gone sour. Update Part 2

Brent, without me going back and reading every word in the thread, I may make a mistake, but if I understand right, you're in Alabama and he's in North Carolina. So if he's arrested in North Carolina and refuses to waive extradition, then there's a legal process to go through to extradite a person to another state. Thefts of all kinds are usually (state laws may vary) broken up into different classes of misdemeanors and felonies usually based on the dollar amount involved. It would be my guess that the dollar amount involved here is still a misdemeanor, and it's very infrequent for anyone to be extradited for a misdemeanor. So, if he gets stopped in North Carolina and if the warrant has been entered into the NCIC, the North Carolina police agency should be contacting your local police agency to see whether they intend to extradite. Of course if he should come back into Alabama and get stopped, that would be the best chance of him getting arrested.

I'm afraid the bottom line is that I would not be optimistic in your situation.

Sorry to be a pessimist, and hopefully, I'm wrong. To give you an accurate answer one would have to be familiar with statutory law, case law, and departmental policies in both states, so your local police should be able to explain it best.

 

[Tractors4u]

Re: Tractor sale gone sour. Update Part 2

The incident report that the investigator filled out has the Felony box checked. I didn't even see that until I got home and was ready my copy. Some said it was because of the transportation of stolen goods across state lines.

 

[shado]

Re: Tractor sale gone sour. Update Part 2

Well, talk about a good case for the 'People's Court,' that's probably where you're going to have to end up. While waiting for our loyal mounties to 'come across' a person where it's possible to run around the city on a 2 year expired out-of-town tag, I'd speed things up filing a case in small claims court. After that, be sure to start gathering up all the evidence & background on the dodger as possible, starting with the DMV & criminal records check, so that way it might be possible to win on just his bad behaivor.
J.W.

 

[bgott]

Re: Tractor sale gone sour. Update Part 2

Is there any way to get the feds involved? I thought I read something in the paper saying that they were starting to crack down on internet fraud such as this.

 

[Taylortractornut]

Re: Tractor sale gone sour. Update Part 2

Brent i help a friend parttime in the reposession business, i told him about your situation and he told me hed try to find out NC's rules on it. We repo alot of tractors and implements here. If its like MS and you have a claim filed they can go hunt it and drag it back home for ya. We got a combine last week and a 3000 Ford tractor. Youd be suprised at the folks that do this deed of buy something with a bad check then tell them they werent paying for it. Hope it work out for ya Taylor Lambert

 

[Bird]

Re: Tractor sale gone sour. Update Part 2

Brent, if it was filed as a felony, and the Alabama police are willing to extradite, then I'm a bit surprised. I would have thought if they just called the North Carolina police and faxed a copy of the warrant, they'd just go get him. But as I said, I don't know anything about the laws or policies of those states.