Buying a tractor

Harvey 2 · Mar 13, 2013

Here is a hypothetical question.(thats a big word for me)
If I would buy a tractor, lets say in another state and it had a lein on it and the seller didn't tell me about it. Would I be owning a stolen tractor?
Could the law come after me, or what would happen?

dr sportster · Mar 13, 2013

If it has a title any liens should be noted on the title . If not a copy can be send to the county tax assesors office and it will be checked that it is a clean title.Should be no fee in most states.

mudbudquad · Mar 13, 2013

Simply, get a bill of sale signed by the seller stating that it has no liens and that he owns the tractor free and clear.

Dick2 · Mar 13, 2013

I learned years ago that if I wanted information from a county and they knew I wasn't a resident of that county, they would come up with a reason to charge me a fee - that more than likely ended in the clerk's pocket!

Anonymous-0 · Mar 13, 2013

could you imagine everytime a guy wanted to buy a used tractor that he would first have to somehow find out if it had a lein on it. and i've never heard of a tractor with a title.

fordfarming · Mar 13, 2013

doesnt have to have a title, against tractors and equipment banks and mortgage companies use item description (year make model) and SERIAL #s.

mkirsch · Mar 13, 2013

(quoted from post at 11:22:57 03/13/13) Simply, get a bill of sale signed by the seller stating that it has no liens and that he owns the tractor free and clear.

What if he is lying? Then you're still on the hook.

Anonymous-0 · Mar 13, 2013

i was just commenting that i have never heard of a tractor with a title as someone had mentioned.

rick deere · Mar 13, 2013

I know if you buy a tractor from someone that really doesnt own it, you would have to produce a reciept than the owner can take the tractor back from you, than you have to go after the person you bought it from no matter how much you spent fixing it up/Have ask the law about that already.

Mike M · Mar 13, 2013

I bought a compact tractor one time and thought it might be a good idea to check into this. I took the serial number and called my local dealer and it turned out they sold it new and knew it was paid for. So if this is something later model try and call the local dealer it was sold at and ask them.

If it's something old pay your money take your chances ? No titles on tractors. Get a bill of sale just don't leave any contact info in the other state and don't give out the serial number when ordering parts. Just saying.

Anonymous-0 · Mar 13, 2013

not sure what you just said but always get a receipt with the relevant information and signatures and you should be protected.

Mike (WA) · Mar 13, 2013

Each state has its own system of recording liens on personal property (ie, non-titled stuff, like tractors and machinery). In Washington, UCC-1 "financing statement" used to be recorded at the county auditor's office- but switched over to centralized filing at the Secretary of State's office in the 80's. You can check it on line, now.

Easiest way to figure out the system in the state from which the tractor is coming, is to ask an ag banker like Farm Credit or a machinery dealer (from that state) how they perfect a security interest in machinery, and how to go about checking for liens on the item you're buying.

To answer your original question, if there is a recorded, perfected lien on the tractor, you are "stepping into the shoes" of the guy who owes the money. Neither you nor the seller have committed a crime, but the lender has every right to come after you for the money, and then repo the tractor if you don't pay.

And you have every right to unwind the sale and try to get your money back from the seller- good luck with that!

retired farmer · Mar 13, 2013

You better hope he paid the lein off.

Kenneth R Ohnstad · Mar 13, 2013

Yes, you would have a hot one. Someone could take it legally.
Props to you, though. You almost spelled lien correctly.
No title card on most tractors... make sure you do due dilligence.
good luck
k

showcrop · Mar 13, 2013

If you contact the county register of deeds they will give you a written yes or no on weather there are any outstanding UCCs on it. If there is any other lien and it was not recorded you are clear and the one who did not file a UCC is SOL. I found this out the hard way when I went to pick up a piece of equipment that I had leased out.

Adirondack case guy · Mar 13, 2013

Tractors sold to state and local municipalities were issued titles as part of the bidding process.

Mike (WA) · Mar 13, 2013

Unless the county registrar of deeds has nothing to do with UCC filings. Then, the only response will be the crickets. . .

gene bender · Mar 13, 2013

Of course you would be in trouble he cant give you a clean bill of sale and same old thing BUYER BE WARE. Dont ask questions on here like that ask your laywer that what he is for.

jm. · Mar 13, 2013

Let see Tennessee no titles on tractors or machinery. Some one mentioned checking with the selling dealer. Man can buy a tractor , pay cash to the dealer but borrow the money from the bank so the bank would have a lien on the unit. All filings on heavy equipment are with the sec. of state in Tenn. Real easy to check if you know the guys name or the serial of the unit.

showcrop · Mar 13, 2013

(quoted from post at 16:34:22 03/13/13) Unless the county registrar of deeds has nothing to do with UCC filings. Then, the only response will be the crickets. . .

Well, I bet that if they had tranfserred it to the state like WA they would tell you so.

flying belgian · Mar 14, 2013

!!!I never signed that bill of sale!!! Never saw it before.

Buying a tractor

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