Sold tractor in Wi now guy dropped it off in my yard

Sold a tractor that I owned for 4 months. Took 3 months to take apart and clean and repaint. Like one month to sell. I never used it for anything in these months. New owner claims the pto always spins. It does have a pto cover so you can't see the shaft. He dropped the tractor off with out my permission in my yard. At this time he hasn't asked for his $5000 back. He wrote me out 2 checks. One for down payment, 2nd one after I delivered it. I cashed booth checks on Friday and the banks haven't called me saying checks have been stopped or insufficient funds. What are my rights?

The tractor is his. You didn't give him a written warranty. Since he dropped it off I would put the tractor somewhere for a week or so to make sure there were no issue with the checks and wait for him to come and get the tractor.

Tell him the select-O-speed PTO always spins.

IMO, you've got the right to charge him for storage.

His Wife shut down the sale when she found out the price, we sell a lot of used equipment and I have seen it many times. Depending on the deal, the equipment in question and the persons attitude we sometimes take things back and give a full refund, sometimes there is a handling fee charged but usually my Son just offers to re-sell the item for them, sometimes we have to tell them to take a hike. Like I say above, the persons attitude is the deciding factor for us. As far as your rights a sales a sale everywhere I know of, I don't know if he was responding to a written add but even if some problem was left out or fogotten in the written add as long as he inspected the equipment before purchase the add it self is pretty much null and void as long as there was no deliberate obfuscation.

I would not assume the checks are good for at least 2 weeks, keep the tractor undercover until then.

I dont like stressing AS-IS! when selling used items because it gives off a smell of something wrong and hidden from view but in this day and age it is a necessity. I wasnt there when it was sold but if it was sold as "everything works as it should" then he should expect that everything worked when he took it home. If on that model it means the PTO always spins then that is his problem not yours. Some sellers use language like "no known problems" which makes me laugh because it gives them an escape clause from anything that pops up.

I would expect those checks to have a stop payment put on them. I'll be real surprised if I hear t hey went through.

My guess, regardless of the legalities involved, is that you're going to have a hard time getting the money from him. He dumped the tractor on you, so the odds that his checks will go through are pretty slim. You probably could win a judgment against him in small-claims court, but small-claims victories are often impossible to collect. And getting a lawyer involved to help garnish his wages, etc., could cost more than the tractor is worth.

FWIW, I had a similar situation way back in the late 1960s. I accepted a check for a '58 Chevy on a Friday evening, the buyer blew up the 283 over the weekend and stopped payment. After lots of wrangling, he ended up dumping the car in the driveway. Ironically, I decided to keep the car and still have it in my shed. Even with no engine, it's now worth a ton more than I had sold it for.

Welcome to the business world.

Depends what you promised the fella with your sales speech.

If you were a farmer selling your tractor, I tend to side with 'buyer beware' and there are no garentees.

But, as a reseller and in business for fixing machines up, the scale tips a little more the other direction in my mind. Not a whole lot, but a little.

Some jockeys are known for a spray paint can fix it plan, a few actually do some repairs.

Not sure how you represented yourself on the sale, so would be hard to say where to go from here.

The buyer didn't handle things right either, but someday he probably should get his money back, if after a 3 month resell period or some such.

I'm sure I ruffle a lot of feathers with all the jockeys around, but there are enough 'two sides to the story' on jockey sales that we need some middle ground here. You fellas have enough cushion built into your business to cover these issues and make it right, that is a part of your non-farming, machinery sales business.

I've seen the other side I guess I'd say.......

Paul

Another good reason to sell for cash or the tractor doesn't leave your farm until the check has cleared.Also at the time of sale encourage the buyer to throughly check the tractor out
to their satisfaction before buying.And if its a 'as is' sale then stress that at sale time.Personally I'd just give him back the $$$,I'd rather have a happy non customer than
a dissatisfied customer.

If you deposited the check on Friday about Wednesday (?) you will find out if he put a stop payment on them - unless you both use the same bank. Right now I think you have a stronger case than he does - but you will end up in court trying to collect on it.

Doesn't seem like much of a problem to me... When the stop payment comes through on the checks, the tractor is yours.

I wouldn't bother trying to "get anything" out of this guy for wasting your time. Just let it go.

I would agree,

I would presume those checks won't go thru. I would presume wifey didn't like the deal and he had to unload it. canceling the checks and returning it were his easiest option. possible he found another deal he wanted more. or had some other emergency but i'd say the 1st or 2nd reasons.

a key reason for cash only. if you have a good check then you have good cash available.

>>>I guess you could consider yourself lucky at least you have the tractor back. You could be out a tractor and $.

Does the pto always spin even if there's a load on it and it's disengaged? Or is it spinning without a load? I just hooked up a bush hog on the Massey 165, when I first started the tractor the blade turned briefly without a load- a little use and that stopped.

I have a 300U that I paid a little extra for because it had been "gone all thru" and "restored". It is half worn out and most of those receipts for repairs must have been for another tractor. Near as I can tell it as painted with a rattle can nothing else. I did not go after the guy, he was not running a business. But you are. If the checks clear, return the money and fix the tractor properly. Then resell it. Selling a tractor with a bad PTO is bad business. You should have known this.

I would not be in a hurry to issue a refund until 2 weeks after the check clears because those checks have probably been stopped. Each state has slightly different laws, some require a 3 day period where items can be returned - no questions asked. To be certain, check with a local attorney instead of accepting advice from the folks online (including me), at the grocery store, at church or the local pool hall. I would check the tractor over very closely to verify that it has not been damaged or modified.

depends on the reputation you want conveyed to others. jmho gobble

Some PTO shafts turn with the drive mechanism from viscous friction even though they are not "engaged" It would help us see your dilemma if we knew. If it is stuck in the on position, and runs all the time, he has a point. If you sold it as a tractor (and it has a PTO, which it does) It is expected to work as designed. Jim

Ok, I have to ask the obvious, what make and model tractor is it? And is this Normal for this PTO, or is it broken, if it is broken, he may have a point, that is unless you clearly sold it "as-is".....

First off, DON'T TOUCH THE TRACTOR ! Right now it's still his tractor until you hear otherwise from him or your bank so I wouldn't touch it, drive it or lay one wrench on it until you get that figured out.

You're leaving us in the dark on the tractor. Is this a five year old tractor or a fifty year old tractor? Makes a big difference in the expectation of performance but common sense tells anybody a used tractor without factory warranty has no expectation of working like new so it's up to the buyer to inspect it thoroughly before he writes the check.

On most older tractors with an independent pto, pto creep is a common thing and for the most part not worth the trouble to fix. Usually once you attach a shaft to the pto, the drag of the implement will be enough to stop the shaft from turning until it is engaged. Keep in mind you should ***ALWAYS*** shut off your tractor to connect a pto shaft anyway so a turning shaft while running is a non-issue. What is his next issue going to be? Seat springs are too soft? Tires are leaking air? Used tractors are "AS IS" and it's buyer beware. He should have looked it over more carefully before he wrote the check.

That being said, if he stopped payment on the checks, at least you still have the tractor and don't have to go looking for it.
If it becomes your tractor again, I'd be sure to check everything over good and make sure he hasn't damaged anything internally such as gears or hydraulic pumps etc. or he will owe you money for the repairs. Be sure to document any findings.

Or... maybe he still wants the tractor but expects you to fix the pto? Won't know until you talk to him, right? Again, he should have looked it over better but if you agree to fix it for him he should cover the repair bill unless you promised a 100% working tractor which you would be foolish to make any such claims on a used machine. If you want to fix it for him out of your own pocket because your a nice guy then that's your business but I wouldn't be made to feel that you are contractually obligated. Usually with these types of guys, if you fix one thing for him, you've just opened Pandora's box and in a way agreed it was your obligation to fix it and he'll be back time and again with other repairs with the same line of thinking.

This is why cash is king. If he has money in the bank to make the check good then he can take his own check to the bank and exchange it for the cash. The first check being for a down payment should have been to seal the deal until he comes up with the additional funds and be communicated that it is non-refundable. If he's worried about you taking his money then you can both sign a bill of sale with a description of the tractor, serial number, the dollar amount, signed and dated by both parties. Then he has something to hold you accountable for if you sell the tractor to someone else or you take his cash and run. Also gives you something to hold him accountable for in that you have in writing that he owes you X dollars for the balance of the funds and you should also have a due date for the balance so he doesn't leave you waiting for the rest of your cash for months instead of weeks or whatever it is you agreed to in your terms.

Another thing I might say is you took a check for the down payment and a second check for the balance upon delivery of the tractor but cashed both checks at the same time. You should have cashed the first check immediately and not delivered the tractor until the first check cleared. At least then you have some leverage to hold him to the deal. Right now you got squat but at least you have the tractor and aren't out anything unless he damaged something. Lesson learned. Back to the cash thing. If he squeals about carrying around cash, you could also have him get a cashier's check so you get your funds immediately.

My 2 cents only. Not a lawyer.

I got a check back from the bank two weeks after I deposited it.It might take a while if he stopped payment.If he didn't do any damage to the tractor i'd probably return the money to get rid of him and the headeache.

Best answer thanks. Checks all got cancelled