Advice needed on stolen tractor

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sbin

Member

• Jun 4, 2008

• #1

I bought a MF135 diesel from a guy in Indiana he owns several and this was the smallest for odd jobs around the farm.
Seems the previous owner, a very old guy stopped by unhooked the MF135 from a bailer and took it back to his barn and will not give it back.
The guy I bought it from thinks the old guy is getting senile and has been trying to deal with his son but hasn't got anywhere in two weeks.
Talking to the sheriff hasn't gone anywhere as they think of it as a civil dispute.
So far I have not interfered as I live 5 hours away and did not want to cause problems in someone elses backyard but my patience has begun to wear thin.
What would be the best way to handle this problem?
Drive down and file charges for grand theft and wait for resolution in civil court.
The seller offered a JD 2020 as a replacement until purchased tractor is recovered or insurance is paid.
If I was a few years younger I would go take it from the barn in person but age has taught me county sheriffs wouldn't think of such behavior as a civil matter.

 

K

kyplowboy

Well-known Member

• Jun 5, 2008

• #1

How well do you know the guy who sold it to you?

Sounds almost like a scam to me. I try to see the best in people but with the crazy internet sales scams you hear about these days it sounds kinda fishy.

Might want to talk to a lawer. Sometimes the first consultation is free.

Good luck.

Dave

 

I

IaGary

Well-known Member

• Jun 5, 2008

• #1

Get your money back until the tractor is delievered.

Or take the 2020 if it will be of greater or equal value to the MF135.

Gary

 

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Sam from WA

Member

• Jun 5, 2008

• #1

I agree with Gary. Get your money back or take the Deere if you can. For all you know, this could be a scam that the seller and old man had had set up a while ago waiting for somebody like you to come along and "buy" the tractor.

 

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Anonymous-0

Well-known Member

• Jun 5, 2008

• #1

I'm confused. Was the tractor taken/stolen from you after you took possession or from the guy you paid the money to? Sorry, the JD will not replace the MF 135, especially a diesel! If you paid for a 135, you should get the 135 you paid for. It's a breach of contract. The old guy should be forced to give up the tractor or the tractor should be forcefully taken away from him if necessary. He has no right to take it if the person you paid the money to was the rightful legal owner. If the old guy was still the owner and the guy you paid the money to sold it without the old guys permission, then you have a big can of worms. Otherwise you should get the tractor that you paid for. Dave

 

T

TGIN

Well-known Member

• Jun 5, 2008

• #1

I`m with Gary , I`d demand my money back . I dont understand why the old guy took it , did he not get payed when it was sold to the guy you bought it from ? Sounds like something is fishy .

 

B

Bruce Hopf

Member

• Jun 5, 2008

• #1

I agree with both Imagery, and kyplowboy in this matter. #1 I would get a Lawyer involved, or at least consult with one, #2 I would demand for your money back, #3 Try and take the Deere 2020 for less money you paid for the MF135, for your inconvenience. #4 Threaten the seller if it doesnt get resolved Quickly you will have him up on charges of Fraud, Embezzlement, and Extortion. After all what is right is right.
Hope this helps. Bruce

 

MarkB_MI

Well-known Member

Location

Motown USA

• Jun 5, 2008

• #1

Your dispute is with the person from whom you purchased the tractor. The "old guy" has nothing to do with your transaction and you should not involve him. If the seller cannot deliver the tractor to you, then he must return your purchase price. If he refuses to do so, then I'm pretty sure it is a criminal matter (fraud), not a civil one.

 

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jose bagge

Well-known Member

• Jun 5, 2008

• #1

I'm going to assume that the "old guy" took it from the guy you were buying it from, rather than you- if so, just get your money back and walk, because there's a back story there that you don't want any part of.

If the old guy took it from YOU, then it's flat out theft, nothing civil about it, and the sheriff is obligated to get involved. Report it as stolen first, with no info as to whereabouts...then provide a "tip" as to whereabouts after.

I am finding that the law officers are claiming "civil" in more and more instances of theft becaue they just do not want to do their job!

 

A

Anonymous-0

Well-known Member

• Jun 5, 2008

• #1

Simple. You have been scamed. Demand money back, in green cash only. If seller refuses, get lawyer, file fraud charges on him. DO NOT get involved in any way with the "old man" aspect of this scam. The John Deere is probably patched up, and ready to come apart again; the scam is to sell the defective JD. Tom

 

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Leroy

Well-known Member

• Jun 5, 2008

• #1

DO NOT take the 2020, drove one at work ond are a bad tractor and are the same size as a MF 165 at 50+ PTO HP. The 1020 is the same size as the MF 135

 

E

El Toro

Well-known Member

• Jun 5, 2008

• #1

This was probably a scam from the gitgo. How did you pay for it? If you used a postal money order
and he cashed it that's a Federal offense. Hal

 

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IaGary

Well-known Member

• Jun 5, 2008

• #1

I thought green paint was always a better deal??

Thats's all I was going by.

Gary

 

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Mike M

Well-known Member

• Jun 5, 2008

• #1

Take the 2020 as it is worth more anyhow.

 

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Wesley Stephens

Member

• Jun 5, 2008

• #1

If there are questions about the ownership of the 135, I wouldn't take another tractor from the same guy. You might have trouble with it, too. Cash is what you need.

 

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Jeff-oh

Well-known Member

• Jun 5, 2008

• #1

This is not your fight, have the seller return you money with the understanding that when the situation is resolved you would be interested in picking up the tractor at that time and paying cash when you get it.

If the guy is honest this should not be an issue. If he hesitates, let him know that the whole story sounds a little fishy and you will persue your options against him.

If that does not shake him then have a lawyer send him a letter that askes his to clear up this matter immediately. Nothing like a letter on leagal stationary to make things happen.

If you do get the tractor, have him and two witnesses sign a "Bill of Sale". This is a document where he attests he is the leagle owner of the tractor and is selling it to you for the stated amount needless to say the Tractor make model and SN should be on the form. This documentation proves your ownership in the future.

If you need a "Bill of Sale" form e-mail me and I'll send it to you (word file). I never buy a Tractor with out one. I then File the form in my safe with the Auto titles, Deeds and other important papers.

 

A

Aaron Ford

Well-known Member

• Jun 5, 2008

• #1

Sounds like a scam to me....

If state lines were crossed, then it becomes a federal matter.

It is grand theft, at any rate.

Let us know who it was and how it works out. Scammers tend to prey on trusting folk. We need all the forewarning we can get.

Heck, I paid a fella $250 to drywall my basement and he let me do the work myself! Course he won't look me in the eye anymore...

Aaron

 

OP

OP

S

sbin

Member

• Jun 5, 2008

• #1

The owner has offered to return the money for MF135 and seems even more troubled than I am about the deal.He has a very good sized operation and several much more expensive tractors the MF was basically a yard tractor.I think he bought the 2020 to replace the MF as it is larger and has some external hydraulics that make it more useful.Guess I could take the 2020 but as others have said it is a bit big for what I need and don't really desire to take a workhorse from someone making a living to cut grass and dig post holes.
The guy I bought it from has canceled checks from his purchase.I have canceled checks and photos.
The old guy seems to be having trouble with dementia and the locals (law/family) don't want to make the scene required to take his old tractor away.
Maybe using the JD 2020 and waiting for the mess to get worked out would be the way to go.

 

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DuaneWKKC

Member

• Jun 5, 2008

• #1

Maybe I"m a sucker, but if what he says is true and the old guy does have dementia, makes you wonder if HE intended to sell the tractor, or if a "family" member sold it for him? either way, I would get my money back ASAP and then begin looking for another tractor. If the situation gets resolvoed and you havent found another tractor then get this one. Why leave your money tied up while someone else sorts out this issue.

DuaneW.

 

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Wesley Stephens

Member

• Jun 5, 2008

• #1

good advice

 

OP

OP

S

sbin

Member

• Jun 5, 2008

• #1

The guy I bought it from has owned it for several years and known the neighbor all his life.Think the previous owner just missed having it, didn't like seeing left outside and took matters into his own hands.
Everything appears to have worked out today for the best anyways.The old guy finally owned up to taking the tractor and the person I bought it from will get it tomorrow.Heading over to Indiana next weekend and pick it up.
Thanks for all the good advice!