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We Bought A Stolen Tractor

58K views 220 replies 74 participants last post by  RadarDon 
#1 ·
This is NOT misleading click-bait (unfortunately).

Details here:

 
#3 ·
WOW!!

First thing - I am NOT AT ALL SURPRISED that you did the right thing, Tim!! :bigthumb: You are that kind of guy. And, I think that most of us on this board would have done the right thing.

Next, it's sad that the auction house and the selling organization were apparently ready to work with you until the lawyers got involved. Very sad!! Can/will the dealership do anything to work with you on this? I'd think that they've already gotten something from their insurance company. Maybe their insurance company can work something out with you.

What about your own homeowner's insurance? It's been years since any of my business law classes pertaining to conveyable title, ownership rights, etc., but you essentially bought something that you had a reasonable right to assume had clear title and now it's been basically "stolen" from you.

Hopefully the perp ends up in jail for a long while for this one! But, probably not. :banghead:
 
#4 ·
I can't like that, Tim! You should be proud you aren't the kind of person who would keep the tractor without reporting it. I know your character is a big part of your YouTube popularity.

I hope you get some compensation and that the Ruruitans step up and do the right thing. I guess if they don't, Katriel's monthly implement allowance will have to suffer. :dunno: :laugh:
 
#6 ·
i watched ur video-and i think i would of been to excited to realize why i got this tractor so cheap.

but then as u said looking farther u seen why:banghead: i know u would give it back, reported it and all. good for u.
 
#9 ·
ca·ve·at emp·tor
ˌkavēˌät ˈem(p)ˌtôr/Submit
noun
the principle that the buyer alone is responsible for checking the quality and suitability of goods before a purchase is made.


I agree. However, I am not complaining about the quality and suitability of the good.
They SAID they were selling me something. Turns out, they had nothing to sell.
 
#8 ·
This is NOT misleading click-bait (unfortunately).
Details here:
You've obviously done a lot of homework, so this may redundant, BUT a formal complaint against the auctioneer through your state's Attorney General should be much faster and cheaper than a formal lawsuit. Once the stage is set to show the likely outcome of a legal proceeding, you have a lot more leverage to force negotiations for an equitable settlement (or at least arbitration). I found this link:

PLA: File a Complaint
To file a complaint with the Indiana Attorney General click here for the form.

 
#10 ·
Sooooo close to having Tim join us in the MCUT threads. Juuuuuuust kidding. Go get’m Tim.
 
#12 ·
Been waiting to see what happened with that tractor episode. Couldn't like your post and video but I did hit the "Thanks" button. Don't know how this will all work out but you do have some things going for you. You have a "you tube" channel with a lot of followers. All that bad advertising might make the said lawyers and the auction club think over their options. Maybe even the TV station needs an update along with the local paper. I wish you luck and sorry this happened.
 
#13 ·
You did the right thing, Tim, as I would expect that you and most others on here would. This reminds me of a quote I read this past week: "The truth of the matter is, you know the right thing to do. The hard part is to do it." GEN Norman Schwarzkopf
 
#14 · (Edited)
Let’s just hope this outstanding citizen of Rinard Illinois gets some jail time. “He stole a John Deere Tractor for heavens sake!”
 
#44 ·
Looks like this guy has had a pretty colorful life. He certainly could make tge cover of Time Magazine. Hopefully the DAs office gets serious this time but judging by the bond amount, probably not.

My thoughts are with you Tim. Most of us would do the right thing by the rightful owner. I'm not sure I'd want to provide a story of why I was discovered with it years later possibly at another point of sale with me being the seller. Some scary $h!t right there. Nobody wins in a situation like this.
 
#17 ·
Incredible Tim, just incredible. You did the right thing and you know it will work out one way or the other. I suspect if the auction folks don't settle this with you their reputation going forward will be significantly tainted. If they don't do their job to ensure free and clear title . . . who would want to buy from them?
 
#18 · (Edited)
$2500 Bond? The honorable judge had to know the crook had at least $14,000.00. The girlfriend would’ve had no problem bailing him out.
 
#22 ·
Depends on who shows up. Dad was at an auction last weekend and a HPX gator went for $1000.00. Had it been an old running gear it would be here now but nope the gator didn’t make the cut.:banghead:

I suspect and hope in the end the auctioneer will make it right or more likely the auctioneer will make the group make it right. If it was a private seller he was auctioning for you can bet it would.
 
#24 ·
Bona Fide Purchaser

Also known as BFP, bona fide purchaser for value, good-faith purchaser, innocent purchaser for value, purchaser in good faith. Innocent purchaser of property who purchases for value without notice of any other party’s claim against the property. So long as a bona fide purchaser properly records the transaction, the bona fide purchaser takes good title to the property despite competing adverse claims. Those parties holding competing adverse claims may bring an action only against the party who fraudulently transferred the property to the bona fide purchaser.



Sent from my SM-N950U using Tapatalk
 
#26 ·
Tim, your power is your visibility. A lot of people follow you on YouTube. I’m sure you are known in your community. I would stay civil until the auction house made it clear they were going to stick me with it. Then I would let everyone know they stuck me with a stolen tractor and it might happen to you. Newspapers, internet, hell, even do a local news interview. Make them HAVE to save their name sake.
 
#27 ·
Originally Posted by 2032Ranger
$2500 Bond? The honorable judge had to know the crook had at least $14,000.00. The girlfriend would’ve had no problem bailing him out.



I was thinking the same thing.
I wonder how much of a cut an auction outfit gets?

:banghead:i would think maybe the Judge might of been a far, far cousin of the said crook:laugh: or their might have been overcrowded at the jail:unknown:u know drug dealers get out for over crowding at times:munch::hide:is a shame isn't how crooks seem to get away with such things, and hard working, trying to stay on the straight arrow of life-gets kicked to the curb:nunu:
 
#30 ·
Tim, your experience is one of those, "I can't believe this happened" experiences. You did the right thing!! You are a stand up guy!

Unfortunately, the chances of the auction company doing anything to "makes this right" is probably slim. My guess is, the auction company has a "Hold Harmless" disclaimer that the seller signed. So, the seller breached the contract with the auction company by offering a tractor for sale that was stolen and apparently knew it was stolen because they stole it. So, the auction company sold the tractor based on a contract they had with a deceptive seller.

Their attorney knows that your only option is to sue the auction company. Unfortunately, in our society today, this is about the only recourse we ever have. Doing the right thing is not popular anymore!

Their attorney is rolling the dice that you will not spend the money to sue them. Keep in mind, they sold a tractor that was stolen. What is their defense!!

In my, non-attorney opinion, you have a case for legal action against the auction company. They defrauded you under the Indiana Uniform Commercial Code. The question is, do you want to spend the money to file suit against them. Considering the amount of money you are out, you may want to, at least, consult with an attorney that is familiar with the Indiana Uniform Commercial Code.

I would believe, the auction announced the terms of sale at the beginning of the auction. These terms usually include payment agreements and that all items sold are free of encumbrances and have clear title. If there are any limitations concerning the sale of an item, they must be announced.

The Indiana Uniform Commercial Code applies to Licensed Auctions......
Indiana Code 2017 - Indiana General Assembly, 2018 Session

IC 26-1-2-403Power to transfer; good faith purchase of goods; "entrusting"

Sec. 403. (1) A purchaser of goods acquires all title which the purchaser's transferor had or had power to transfer, except that a purchaser of a limited interest acquires rights only to the extent of the interest purchased. A person with voidable title has power to transfer a good title to a good faith purchaser for value. When goods have been delivered under a transaction of purchase, the purchaser has such power even though:
(a) the transferor was deceived as to the identity of the purchaser; or
(b) the delivery was in exchange for a check which is later dishonored; or
(c) it was agreed that the transaction was to be a "cash sale"; or
(d) the delivery was procured through fraud punishable as theft under the criminal law.
(2) Any entrusting of possession of goods to a merchant who deals in goods of that kind gives the merchant power to transfer all rights of the entruster to a buyer in ordinary course of business.
(3) "Entrusting" includes any delivery and any acquiescence in retention of possession regardless of any condition expressed between the parties to the delivery or acquiescence and regardless of whether the procurement of the entrusting or the possessor's disposition of the goods have been such as to be theft under the criminal law.
(4) The rights of other purchasers of goods and of lien creditors are governed by IC 26-1-9.1 on secured transactions and IC 26-1-7 on documents of title.
Formerly: Acts 1963, c.317, s.2-403. As amended by P.L.152-1986, SEC.143; P.L.144-1997, SEC.3; P.L.57-2000, SEC.20; P.L.77-2007, SEC.3.


I have some experience selling items at a local auction in South Central PA. In fact I recently sold a front broom attachment off a Kubota B3030 compact tractor. The auction companies commission was $60.00 + 5% for $$$ over $500.00 for this sale. Their commission depends on the $$$$ that the item sells for.

That said, auction companies sell stuff. They really do not do any checking as to whether the item or seller is legitimate. They record who is selling it and that is about it. They have the seller sign their contract which has a "Hold Harmless" disclaimer as a part of the contract.

Below is the disclaimer and commission part of the contract.

Personally, I wouldn't wait for the auction company to do the right thing, I would talk to an attorney and find out what your legal options are.

Good Luck!!!
 

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#36 ·
One thing to consider IF you are potentially faced with legal fees that dwarf the value of the machine is small claims court. In Illinois the limit is $5000 (except Cook county, which is $1500 probably because of all the crooks there). If you've never done small claims, it is usually just you, the defendant and an arbitrator or judge in a relatively informal setting. You do not need a lawyer and the only costs are your time and the filing fee. And $5000 is better than nothing.

As with any lawsuit, the real work starts after you get a judgment in your favor and you try to collect.

Al
 
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