Re: who owns my tractor??

Posted by Brian in NY on September 16, 2004 at 13:31:51 from (24.97.78.198):

In Reply to: who owns my tractor?? posted by Lynn Kasdorf on September 16, 2004 at 12:08:29:

Lynn...
Looks like you have been in possession of this item for quite some time when it comes to legal matters.
Depending on the state you are in; you have a few options...but here is what you should do.

1) Hold on to that tractor for now. Keep it on your property under lock and key. If they come and collect it without a warrant, they are breaking the law.

2) Do you have a lawyer who handled your real estate transaction? If so, contact him for a free consultation...he will know your states real property laws and could give you some informal advice.

3) The woman's Bill of Sale means shinola.
I still have the Bill of Sale for the first lawnmower I bought new years ago. I sold it for cash, no bill of sale was exchanged, I certainly did not think about giving the buyer one, but imagine if the guy resold it to someone else then I decided I wanted it back. Where is my proof of ownership? I think I would be SOL, and the old lady is too.

4) Don't put anymore work into the tractor for now, and keep receipts for anything you added if you can. You may need to establish in a small claims court that you have a vested interest; and if you improve the tractor any further the value of the property will increase. If your state laws vary depending on the value of the property, you may need to sneak the value under $1500.

5) Don't be surprised if you receive a summons for small claims court; and if the tractor somehow is taken from you, don't be afraid to file a small claims action...it costs very little and you have a good case for either outright ownership or at least some payment from the old lady for $ you invested.

BOTTOM LINE--DON'T ROLL OVER TIL YOU RECEIVE LEGAL NOTICE!!! You purchased the tractor in good faith.
In court, remember never to waiver from the idea that you honestly thought that mr. farmer was the rightful owner and that you knew this to be an honest deal due to your long term knowledge of the tractor.

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