I saved my money and bought a skidsteer a week ago spent my savings. Bought from a reputable business. Had it in my shop getting it ready to go to work needed to order a couple parts called dealer gave them serial number and they told me that the machine i bought was a different size than i thought i bought. So i got all the details from the dealer of that serial number start matching up engine, hydraulic pump, and injection pump serial numbers they dont match. I call the dealer the next day with my engine serial number and they match it to the machine serial number and tell me it is stolen. So 8 days after me purchasing the machine it went back to the rightful owner. Now i have no money and no machine
Proud owner for a week
- Thread starter Gjt1980
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Sagetown
Farmer and a STIHL
Somethin' smells fishy. That shouldn't be your burden. The business needs to make it right with you, and go after the perpetrator.
TreeTangler
ArboristSite Guru
That right there would turn me into a very angry individual. There must be something that can be done. I would be asking a lawyer what my options are. Have you spoken to the selling dealer or have they tried to make any kind of restitution? I would think that they are responsible for making sure the buy and sell of any machine is legal.
I did not buy from a dealer but a business owner that buys and sells equipment on the side.
I did contact them and they dont have that kind of money. And he said that the police said he does not have to pay me anything.
I am not a business
I am a unemployed hard worker trying to start up my own thing
I did contact them and they dont have that kind of money. And he said that the police said he does not have to pay me anything.
I am not a business
I am a unemployed hard worker trying to start up my own thing
Sagetown
Farmer and a STIHL
That's still his 'Side Business'. He's responsible for his dealings, and you should get your money back from him. The police have no say so in that matter. He would be the one left holding the bag.
If you don't contact a lawyer you are a (fill in your own term here). The 'business' you bought it from ripped you off. Plus they are trafficking in stolen goods - something the police certainly should be interested in. They owe you what you paid them plus reasonable legal fees.
You should have documentation: cancelled check, bill of sale, vehicle title, copy of ad, record of phone calls, etc.
If you don't follow through with a police report and legal action then no point whining about it here.
Philbert
You should have documentation: cancelled check, bill of sale, vehicle title, copy of ad, record of phone calls, etc.
If you don't follow through with a police report and legal action then no point whining about it here.
Philbert
The police are investigating it. It happened yesterday. Business said yesterday they will refund money today they dont have it and nobody has been arrested me and the person i bought it from are not under investigation. Should of posted that i am seeking some advice.
TreeTangler
ArboristSite Guru
Honestly, at this point the best advice you could get is from a lawyer.
We can all tell you how we feel and what we "think" we would do but this is a very serious legal matter and the laws can change from state to state and even more locally.
ChopperDan
ArboristSite Member
I would talk to but I wouldn't hire a lawyer. He'll probably take a 3rd of what its recovered. As long as you have evidence of who sold it to you and they didn't have rite to it, you'll win in court. You must be made whole.
I would also keep the pressure on the police. The fact is this guy was, is selling stolen property.
Take legal advise from the internet for what its worth
ymmv
I would also keep the pressure on the police. The fact is this guy was, is selling stolen property.
Take legal advise from the internet for what its worth
ymmv
poorboypaul
Addicted to ArboristSite
Local auctioneer around here deals in stolen farm equipment, 4-wheelers, etc. Hide behind their auctioneers license on consignment sales. Heard of a couple people that had tractors and such taken from them by the police. Seems they never get busted for it or any of the other shady, underhanded, illegal stuff they do. Last auction I went to there, had a 4-wheeler with no title. New enough to have one, but they are just the sellers and it's not their business to refund any money. Gaurantee some of this stuff is stolen by them or their cronies and sold through their auction under false names. Have to watch anymore when it comes to farm or construction equipment.
ducaticorse
Addicted to ArboristSite
The police have NOTHING to do with you recovering the money from the person who sold you the stolen machine. That is a civil matter to be tried in a civil court of law. How much did you pay for the machine? There are limitations to what you can sue for in small claims court. In my state, the limit is $7xxx.00.
Stolen Equipment
I hope everybody is doing well.
I know your frustrated purchasing a stolen piece of equipment and before purchasing any equipment, I recommend the following:
-Contact the equipment manufacturer with the serial number and make sure it isn't stolen.
-Go to the Secretary of States website and do a UCC search with the owner's name, address, equipment model and serial number. This will tell you if there is a lien holder. If there is a lien holder, pay them the payoff and the remainder to the owner. This will give you a piece of mind that the machine will be free and clear of all liens and encumbrances.
-Visit Machinery Trader and look for the said piece of equipment that may have been stolen. You can post stolen equipment there.
There was a contractor in AZ that bought $1,000,000 in Cat equipment and paid the owner. The problem was the owner didn't payoff Cat financing. The sheriff showed up with many tractor trailers and repossessed all of the equipment. The purchaser is out $1,000,000 and $50,000 in lawyer fees and still has nothing to show for it.
During these tough economic times, many people try to get away with things and put you out as the purchaser.
I hope this info helps!
Dave
Global Equipment Exporters
I hope everybody is doing well.
I know your frustrated purchasing a stolen piece of equipment and before purchasing any equipment, I recommend the following:
-Contact the equipment manufacturer with the serial number and make sure it isn't stolen.
-Go to the Secretary of States website and do a UCC search with the owner's name, address, equipment model and serial number. This will tell you if there is a lien holder. If there is a lien holder, pay them the payoff and the remainder to the owner. This will give you a piece of mind that the machine will be free and clear of all liens and encumbrances.
-Visit Machinery Trader and look for the said piece of equipment that may have been stolen. You can post stolen equipment there.
There was a contractor in AZ that bought $1,000,000 in Cat equipment and paid the owner. The problem was the owner didn't payoff Cat financing. The sheriff showed up with many tractor trailers and repossessed all of the equipment. The purchaser is out $1,000,000 and $50,000 in lawyer fees and still has nothing to show for it.
During these tough economic times, many people try to get away with things and put you out as the purchaser.
I hope this info helps!
Dave
Global Equipment Exporters
How do you know there aren't liens in other states?
For big stuff, are there titles, like for cars?
Philbert
For big stuff, are there titles, like for cars?
Philbert
Good morning Philbert,
There is what the manufacturers call MSO (manufacturers certificate of origin) for off-road equipment. It's very similar to a title and it has an area for lien holders. Some finance companies will hold this until the asset is paid for or they will require the owner to list them as the lien holder until the asset is paid for. The lender will send a free and clear letter for the asset which, will remove them as the lien holder.
Many lenders are good about changing the UCC filing address when someone moves. They want to protect their asset. If you do a UCC search hang onto a copy of the search. I know a good dealer friend of mine who did a UCC search and the lien holder never filed for a UCC filing. The judge supported my friend as he did what you're supposed to do and he ruled against the finance company. The owner never paid for the asset and kept the money. Always, send funds directly to the lien holder in order to give you a piece of mind that it's free and clear.
I hope this helps you!
Dave Wild
Global Equipment Exporters
There is what the manufacturers call MSO (manufacturers certificate of origin) for off-road equipment. It's very similar to a title and it has an area for lien holders. Some finance companies will hold this until the asset is paid for or they will require the owner to list them as the lien holder until the asset is paid for. The lender will send a free and clear letter for the asset which, will remove them as the lien holder.
Many lenders are good about changing the UCC filing address when someone moves. They want to protect their asset. If you do a UCC search hang onto a copy of the search. I know a good dealer friend of mine who did a UCC search and the lien holder never filed for a UCC filing. The judge supported my friend as he did what you're supposed to do and he ruled against the finance company. The owner never paid for the asset and kept the money. Always, send funds directly to the lien holder in order to give you a piece of mind that it's free and clear.
I hope this helps you!
Dave Wild
Global Equipment Exporters
VA-Sawyer
Addicted to ArboristSite
Any results yet?
I have a job now working for a landscape company working 60 plus hours 5 days a week. I was hired as a equipment operator yet the only equipment i operate doe not require a key to start ( shovel and a wheel barrow ) i am still without my life savings. I have been recently found out that the seller has been involved in stolen property before. It is getting harder to keep my cool and not go pay him a visit
TreeTangler
ArboristSite Guru
Have you hired a lawyer yet? There's really no reason at this point to take the "wait and see" approach.
