Tractor Buyer Delaying Payment/Pickup - What to Do?

[DanielW]

Hi folks,

Several months ago I decided to sell my Massey 555 diesel. Posted it online for $3500 (CAD) and got a surprising amount of interest. I 'sold' it to the first guy who responded, who was a really nice chap, didn't haggle on price at all, and gave me a $500 down payment sight-unseen to make sure I held it for him. He came out to look at it within a few days of sending the down payment and happily agreed he definitely wanted it and that he'd pay the remaining $3000 once he arranged shipping. He lives about 5 hours away, but said he had friends who frequently haul equipment back and forth by my place and they could put it on a return load.

I have no reason to doubt him and he seems like a smart, friendly, sensible chap. But several months later he still hasn't arranged shipping nor paid the remaining $3000, I'm getting a little irked. I don't 'need' the money per-se, but I was hoping to put the money into my 'tractor fund' - the money I set aside for all my old tractor and sawmill projects (which I impose a self-inflicted cap on so I don't overspend). Several times recently I've let deals on equipment I wanted pass by because I didn't want to spend more money until I'm paid for the Massey. Even more irksome is that for the few days my ad was still up for the tractor after 'selling' it, I got a pile of other interest - one chap in particular called me several times even after I explained it was already sold - He kept asking me to re-neg on the former deal and he'd be there the next weekend and pay the full price in cash (he was a Massey collector from Michigan who desperately wanted an early 555 diesel)

It's my fault for not specifying a 'remove by' date and saying his friend could pick up whenever they were next passing. And the few times I've texted the buyer since the original 'sale' I've still been on good terms with him and kept things amiable. But I'm getting rather irked that I'm now not only storing his tractor, but have also had $3k owed to me for several months.

What would your next steps be? I don't want to make enemies, and I realize this problem is somewhat self-inflicted. But I'm getting a trifle irked.

 

[MM-TX]

Have you kept in contact with him? It’s not unreasonable to ask him when he plans to complete the deal. Suggest paying the balance if he wants to continue to hold it for him. Being polite and reasonable will probably get the deal done.

 

[Scott 730]

Either have him pay in full now, or return the deposit and sell to someone with cash in hand. No more mister nice guy if he has drug his heels for several months.

 

[wp6529]

Conveniently provide information on someone who can do the haul if his friends aren't getting around to it. Both helpful as well as a poke with a sharp stick.

 

[stdsch40]

There could be all kinds of reasons he has not finalized the transaction. Best to call him and find out what his story is. As others have said, offer his down payment back if he doesn't pay in full within a limited time frame. If his interest is lost, put the add back up.

 

[DanielW]

Thanks for all the responses. I haven't called him, but e-mailed a few times politely asking what his plans are - each time he says his friends haven't yet come out this way with a load. Which I suspect is the truth - but I think you're right - time to offer his money back or suggest alternative haulers.

Thanks again! Good to know I'm not being out of line by prompting him to get a move on.

 

[timcasbolt]

I kind of like the suggestion that he pay the full amount.

 

[Brown David]

People are strange.

10 years ago I sold a mostly complete non-running MH 33 with an ugly old loader on it along with a few junked cars and pickup trucks as well to a guy for parts or scrap, he does both.

Paid me in full cash on the spot and hauled everything away except the Massey. It's still here.

I've contacted him several times, the last time about 4 years ago. "Yep, I'll send a truck to get it" was his response every time. It's still here.

As far as I'm concerned, it belongs to me again now. Is that fair do you all think?

Anyone need a 33 Massey parts tractor?

 

[scootergmc]

Your example is why I don't do trades, holds, down payments, etc. I did it once, never again- down payment, then delays, then nothing. Then I sold it to someone else. Still have not heard from the guy to this day. He could be dead for all I know.

A lot of tractor/engine/junk collectors like to do all sorts of deals like this, "hold this for me....I'll pay the remainder and pick it up by xxxx," very well intentioned, but have a difficult time with follow through. Much of the time they're more interested in the hunt and acquisition and bragging about it to their collector friends rather than following through on the transactions themselves.

Contact him once more and say if it's not picked up by xxxx date you're putting it back on the market and keeping his deposit.

 

[JOCCO]

First you appear to be in Canada so you will need to research Canadian laws on this. I too have been through this situation. The others have covered it to a point. Get paid in full and have a must be gone by date XXX in writing. In your case I think you need to get firm and tell him its gone on long enough! Might have to serve him with a letter or legal document. You may be entitled to the deposit, but you may want to give the money back and resell it.

 

[Texgasser1]

Do you have contact with him? Insist he comes and gets it or return the $500 and move on.

 

[showcrop]

I had a tractor advertised locally for more than twice the money of yours. No calls. I put it on a national page and got a bunch of calls. First caller, wqho was half way across the country, called back next day and tried to hagle but I told him no. He told me he would send a check for the full amount the next day and get in touch with his hauler friend. I ghot the check but it was maybe two months before the truck came. He just wasn't in the area as often as the buyer thought. In your case I would send a registered letter giving him a dead line. You have been plenty patient.

 

[504]

Tell him to pay up or it is for sale again. If you want to park a tractor on my property that is fine as long as you don’t owe me money. I have 300 U setting in the weeds now

 

[Geo-TH,In]

I put a for sale sign in the yard to sell my car. The guy gave me a down payment and a date to pay the balance.
If the full payment wasn't paid the guy would forget the down payment.
The guy paid it off early and all was well. I

 

[moresmoke]

Give him a deadline a couple weeks out then after that the deal is off. Probably return the deposit, but that could depend on local regulations.

Here’s my story. Sold a tractor on payments to somebody i knew, not a close friend but trusted him enough. Made payments as agreed, then promptly had a heart attack and died. Now what?

Now, I will hold an item for somebody if i fell like it, but I don’t want money until they are ready to move it.

 

[Ericp351]

Take it back a notch. OK- 2. Adults do not need E Mails! Call him! Only 5 miles!??!. Tell him to get a tarp and just drive it over. Not rocket science! Bottom line- you have his deposit AND the tractor! You ain't out. He is practically a neighbor. Might be in a hospital or such. Be cool. Treat people OK and ya ain't got to play Jr. Lawyer (Barrister in the great white N.??). Let the Jail-bait do that "TEXT". crap. Men call, stop by.

 

[Butch(OH)]

I would contact him and give him a time frame, X days whatever makes you happy. He broke the original agreement by leaving it there this long no matter what he says or thinks. Then if he no shows list it again and sell it to first person with money in hand. if it's not him, sit on his money and wait for him to contact you.
These deals are not uncommon. Many people with wide eyes and shallow pockets looking for old equipment. I quit falling for it years ago and cry me a river but I will NOT take down payments and wait for a buyer period. It puts me in same predicament you are in, can't sell to anyone else while they screw around.

 

[cjunrau]

People are strange.

10 years ago I sold a mostly complete non-running MH 33 with an ugly old loader on it along with a few junked cars and pickup trucks as well to a guy for parts or scrap, he does both.

Paid me in full cash on the spot and hauled everything away except the Massey. It's still here.

I've contacted him several times, the last time about 4 years ago. "Yep, I'll send a truck to get it" was his response every time. It's still here.

As far as I'm concerned, it belongs to me again now. Is that fair do you all think?

Anyone need a 33 Massey parts tractor?

I was told at one time if not picked up in 3 months it was yours. I knw when my parents had an auction we moved away and moved back a year later and everything that was left we used and abused and one person tried to come get a pile of lumber. To bad so sad, we had used it to build a house and he had no way to get anything out of it.

 

[scootergmc]

Take it back a notch. OK- 2. Adults do not need E Mails! Call him! Only 5 miles!??!. Tell him to get a tarp and just drive it over. Not rocket science! Bottom line- you have his deposit AND the tractor! You ain't out. He is practically a neighbor. Might be in a hospital or such. Be cool. Treat people OK and ya ain't got to play Jr. Lawyer (Barrister in the great white N.??). Let the Jail-bait do that "TEXT". crap. Men call, stop by.

5 hours, not 5 miles.

 

[cjunrau]

Thanks for all the responses. I haven't called him, but e-mailed a few times politely asking what his plans are - each time he says his friends haven't yet come out this way with a load. Which I suspect is the truth - but I think you're right - time to offer his money back or suggest alternative haulers.

Thanks again! Good to know I'm not being out of line by prompting him to get a move on.

If you put on the receipt non refundable down payment that would have been nice. I would call not email. tell him if he doesn't want it you will re sell. If he want's it be there in 1 week and pick it up with cash. tell him the only way he gets his $500 back is if you get full price when reselling plus $100 in interest.