iamwill
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Post by iamwill on Jun 19, 2021 22:09:16 GMT -6
Last fall I (we) bought out one of our neighbors. Possession date was mid February. We bought the place and all their old farm stuff with it. A list of all the major stuff was made up and a dollar value was assigned to it. He had asked me if he could leave a few things until he had room for them. They were a couple antique tractors and some silage extensions for his end dump trailer. I said fine. Early March he came to me and asked if I would be willing to rent the shop back to him for four months as he had not yet sold his business. We came to an agreement and signed a lease. Last week he sold his business and took "his" stuff out of the shop. The problem is the shop is way more bare than when I took Possession. He pretty much took anything of any value that was not in the sales agreement. So my question is, was all the stuff he left behind in February still his? Before we made the deal to buy the place from him he told me that he was leaving everything behind except for his stainless steel tool cabinet and everything in it. Therefore I assumed everything else left when I took Possession was mine with the exception of the aforementioned. Was I wrong or is he a douche-bag? Sorry as much a rant as a question. On a more positive note happy father's day to all the other dads out there
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Post by victory on Jun 19, 2021 23:31:15 GMT -6
The way you describe it he didn't honor his word/agreement. A deal is a deal.
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Post by Oatking on Jun 20, 2021 4:44:57 GMT -6
What is your neighbours character like. I f this seems like a one off maybe explain why you feel the equipment and tools taken violate the agreement. If he or she is known as dirty than , if the tools have significant value I would talk to your lawyer. The best thing is take the high road which will strenghten your image in the community for other sales.
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tsipp
Junior Member
Spring valley, Saskatchewan
Posts: 95
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Post by tsipp on Jun 20, 2021 6:42:24 GMT -6
He’s a douche-bag, I’d call him out on it, I bought the farm from the in-laws, lock stock and barrel, apparently lock stock and barrel doesn’t mean anything but take your money and then we take what we want.
i didn’t call them out on it as it was family but I should have, I did finally tell them enough is enough When my own tools started disappearing and I finally told them to stay the h*ll away.
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Post by kevlar on Jun 20, 2021 8:28:59 GMT -6
Unfortunately, without a detailed list of assets it's nearly impossible to prove what was actually agreed on, lots of room for interpretation with an agreement that's fairly generic. Tools and other odds and ends can quickly add up to tens of thousands of dollars, you could try the legal route, but that too adds up quickly. Looking back, a quick go through on possession day with a camera could have helped your case.
There was a company here a few years ago bought out another company, on possession day the guy that bought it went and locked everything up to prevent this same thing from happening. I know you were trying to be the better person by being respectful, but unfortunately that's the kind of person who gets taken advantage of. I wish you luck.
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ltk
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Post by ltk on Jun 20, 2021 8:48:27 GMT -6
The problem as i see it is that the original agreement has a list of "all the major stuff" that is included in the sale rather than a list of the things NOT included. Therefore, IMO, the agreement would be interpreted as only those things specifically listed stay rather than only those things specifically listed go. Unfortunately I doubt that you have any recourse but I'm not a lawyer so PLEASE don't take my word for it. Change the locks and consult a lawyer.
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Post by kenmb on Jun 20, 2021 9:17:11 GMT -6
Seems like another stress management situation. How you view it determines how much stress you willingly take on.
I bought a totalled 69 Cougar one time for parts. Mainly because it was an xr7 package and it had the tilt/swing away steering column. In the few days it took to get the car towed to the farm the guy decided to take the steering column. What am I supposedtto do? Get a list of items for a car that is being bought for parts and then take him court? It sticks in my mind since that car is still here, but it is what it is.
So I follow what ltk posted and a guy needs to look back on the time the deal was made. Was it a good deal to buy the whole place? Did you really expect to get every little item and that is why just some major items were noted? How much of the little things are we talking about? A few thousand dollars worth or a notable portion of the overall package.
Ltk probably has it right though, it would have been better to list the things that were not part of the deal if the intent was to get everything. If you weren't sweating the little things at the time the deal was made then a guy needs to get back to that thinking and accept that some little things are gone but the big part of the deal went as desired.
Seems like a situation where what is done, is done. How a guy views it as he moves forward determines how much stress you like. Seems like maybe the seller is thinking he was on the short end of the stick and decided to make back misgivings by taking little things to make himself feel better about everything. If you did well on the deal then accept it, recognize it, and move on.
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iamwill
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Post by iamwill on Jun 20, 2021 11:07:39 GMT -6
Oh I am quite sure it is his character. Didn't know it when I talked to him last summer he said that he would sell for x dollars. We went to his realtor last fall and got the offer to purchase written up for that exact amount. The guy then took the offer and shopped it around trying to get more. Well it worked, ended up getting 200k more. Even his realtor said that wasn't right and that in 40 or so years in the business he had never had anyone do it before. In the grand scheme of things the value of the things he took isn't much maybe 5k so less than .1%. IT'S JUST THE PRINCIPLE! Not to mention the fact that I went to the shop today to grab the circular saw and of course it's gone. What a piss off.
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Post by Oatking on Jun 20, 2021 11:27:30 GMT -6
Yeah iamwill , that sounds really dirty what he did. That realtor seems shady as well and question if that is legal. Unless it is a silent tender bid for the property. Sadly I know guys like that too, and tend to distance myself from them.
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Post by northernfarmer on Jun 20, 2021 11:41:30 GMT -6
Yeah iamwill , that sounds really dirty what he did. That realtor seems shady as well and question if that is legal. Unless it is a silent tender bid for the property. Sadly I know guys like that too, and tend to distance myself from them.
I agree, something sounds fishy about the deal as I have a feeling that line the Realtor used about the 40 years yada yada is a line he more then likely used before. Who do you think stands to gain more from the sale if the price can be pushed up, not just the land owner. I also agree with LTK that the chances of getting anything back tool wise or monetarily to cover what went missing are pretty slim, again looking at the actions of this land owner doesn't give one a fuzzy feeling. Just another one of those shitty lessons in life and it easily happens to us all and repeatedly because the honest good hearted people don't view the world around them and conduct themselves the same as the user/opportunist. Most definitely go through the hassles of changing the locks as you don't need your own tools growing legs and walking as well.
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Post by serffarmer on Jun 20, 2021 11:51:05 GMT -6
Wow that is bullshit! Sadly though it seems to be getting more and more common. Some of these “land realtors” are worse then the guys selling. Might as well change the locks and put in some security and move on. Could be worse. U could have been screwed out of the land too. 200 k that’s quite a bump, holy hell.
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rcyung
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Post by rcyung on Jun 20, 2021 12:17:47 GMT -6
I would agree with ltk. Should have been a list with the items that would go with the guy. Possession is nine tenths of the law. He still had access and took possession of various items and now they are his. I know you think you can trust people but integrity is a virtue that is sorely lacking these days.
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iamwill
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Post by iamwill on Jun 20, 2021 12:28:36 GMT -6
I would say it's not the realtor. Whe have dealt with him before and he is a first come first served kinda guy. He will exhaust all possible deals between a prospective buyer and seller before moving on to the next offer. At least that has been my experience.
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