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03/30/11, 03:06 PM
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Join Date: Dec 2002
Posts: 104
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Have the other fellow set the price for the tractor. It is then your option to buy his half at that price or sell him your half at that price.
With him either standing to lose from selling too low or from buying too high I expect the price will be as accurate as he can make it.
You will be happy as you bought his half as low as possible or from having sold yours as high as possible.
If he doesn't go for that deal then you set the price giving him the same offer of buying or selling.
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Two cents worth given, don't expect change.
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03/30/11, 03:12 PM
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Join Date: Apr 2009
Location: NE Ohio
Posts: 2,769
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I agree with others who have said offer him what he offered you or sell it at an agreeable price and split the money. He THINKS he has you over a barrel is right!
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03/30/11, 03:23 PM
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Join Date: Dec 2009
Posts: 5,142
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Who legally owns the tractor? It's possible you own it fully and he doesn't actually have any legal right to it. In which case you can do what you want with it and not even pay him for "his" half. I wouldn't screw him like that, I'd give him what I think is fair, but it could be an option to check out.
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03/30/11, 05:18 PM
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Murphy was an optimist ;)
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Join Date: Oct 2005
Location: Kentucky
Posts: 21,562
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Just pay him what he claims its worth, and take the tractor with you when you move. Problem solved and he has NO honest complaint.
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"Nothing so needs reforming as other peoples habits." Mark Twain
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03/30/11, 07:03 PM
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Join Date: Feb 2009
Posts: 403
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Apparently your friend who sold the tractor was not the friend you thought and your relationship was not as good as you thought. There are lots of people who need parts for old tractors. I like the idea of selling your half for parts AND BE SERIOUS ABOUT IT. That is not doing wrong to the other person. They apparently think they got you over a barrel and don't give a darn about doing right to you. The thing to do is sell what you got to whoever will pay your price and get out of the deal AND WHAT YOU GOT IS HALF A TRACTOR. Sell your half however you have to whoever will pay your price and go your way.
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03/30/11, 09:04 PM
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Join Date: Jun 2002
Posts: 5,240
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And since YOU were the orginal owner to begin with (and owned it for ten years), I would think you should have a little bit more say on the matter, than what he does (since he has only owned half for two years).
Since he seems to think he can take advantage of you in this situation, I'd be more inclined to tell him "Your price is NOT acceptable, and since we can't agree on this, we need to agree on a selling price and sell it to a third party and split the cash."
He will either realize that he isn't as fond of the tractor as he originally thought he was and agree to sell it, or if he doesn't want to sell the tractor, he will have to increase his price to buy you out.
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Michael W. Smith in North-West Pennsylvania
"Everything happens for a reason."
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03/30/11, 09:33 PM
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Registered User
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Join Date: Oct 2002
Posts: 3,143
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Fatrat is on the right track.
If the new other half owner is abiding by the terms of the original deal and you are moving and you are the one trying to modify the deal then it's up to you to try to work something out. If you don't like what the other person is offering, find another buyer.
If push comes to shove then you may have to go to court to try to force the sale of the tractor (I'm not sure what the legal term is for this). If the other guy wants to pay the high price (he would be getting half the price minus costs anyways) or you wish to pay the highest price then one of you gets it. If not, then a 3rd party gets it and the two of you split the proceeds.
Seems pretty straight forward to me. The person who sold their half might have offered to sell it to you first but that isn't the fault of the person that bought the other half.
This goes back to having written agreements on stuff like this. I know this advice is a little late for you but might help someone else that is reading this
Mike
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03/30/11, 11:37 PM
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Join Date: Dec 2008
Location: north Alabama
Posts: 10,815
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Forced partition is the phrase.
Still think threatening to sell the parts off your half would result in a quick change in attitude.
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George Washington did not run and hide.
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03/30/11, 11:41 PM
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Join Date: Feb 2005
Location: Kentucky
Posts: 3,232
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Possession is 90% of the law - who has the tractor now??
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03/30/11, 11:59 PM
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Join Date: Apr 2006
Location: France
Posts: 4,117
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I remember bits of a little poem or a story from when I was a kid that went something like this. Two brothers shared a cow and one wanted to eat the cow and one didn't. The line I remember was, "I killed my half and his half died".
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03/31/11, 12:00 AM
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Born in the wrong Century
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Join Date: Jan 2009
Location: Michigan
Posts: 5,067
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Quote:
Originally Posted by luvrulz
Possession is 90% of the law - who has the tractor now??
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yes but there is a witness to the deal, the sellout.
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03/31/11, 06:54 AM
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Moderator
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Join Date: May 2002
Location: Ontario
Posts: 12,685
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Run an advert for your half at your price in a local paper or online and do the right thing, tell the other share holder. Maybe he'll get nervous. Maybe you should even have the tractor available for veiwing and (not really) consider letting it go out for a demo. Well maybe if the right person came along like your grandmother, you want to be honest after all.
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Do not meddle in the affairs of Dragons, for you are crunchy and good with ketchup........
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03/31/11, 11:20 AM
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Join Date: Feb 2009
Posts: 403
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Get possession of the tractor then advertise on Craigslist your half of the tractor to be parted out. Sell the parts until you reach the price the other half owner says your half is worth. Then tell the other half owner to come pick up his half of the tractor. IF YOU DON'T SELL WHAT YOU HAVE AND GET OUT NOW YOU WILL BE KICKING YOURSELF IN THE FUTURE JUST LIKE YOU ARE NOW. IF YOU WORRY ABOUT BEING A NICE PERSON, MAKING PEOPLE HAPPY AND KEEPING FRIENDS YOU NEVER HAD YOU WILL BE TAKEN ADVANTAGE OF JUST LIKE YOU ALREADY HAVE BEEN. I'm not trying to be mean, as I have been in a similar situation in the past and had to learn the hard way, but the fact that you have to ask for advice on this issue is half the problem. You must get out of this arrangement or you will forever regret it. You must not worry about being a nice person, fair, reasonable, etc.... or you will be stolen from. It is not immoral or selfish to look out for your own interest and that of your family. I have learned that the hard way haven been taken advantage of by many people in the past who I thought were good friends. They all did very well in our dealings but I lost, lost and lost again. I gave and gave and gave and they took and took and took until I found myself in poverty while they lived in luxury. Look out for your own interest and get out of this situation as soon as possible or you will forever be taken advantage of.
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03/31/11, 11:52 AM
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Join Date: Jan 2011
Location: Upstate New York
Posts: 1,368
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your contract was not with the new owner but if you have going with it for two years then your prolly stuck. i would get a consultation from a lawyer.
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five by five
I claim the last post that offended u
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03/31/11, 12:02 PM
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Murphy was an optimist ;)
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Join Date: Oct 2005
Location: Kentucky
Posts: 21,562
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Quote:
Originally Posted by Harry Chickpea
Forced partition is the phrase.
Still think threatening to sell the parts off your half would result in a quick change in attitude.
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there is a difference between owning half of the tractor and owning a one half interest in the tractor. In my state it would be illegal to sell parts off of this tractor without the consent of the other owner. I am not in favor of going to jail over a tractor. Either purchase the other parties interest and do as you please with the tractor, or sell your interest to him and go on with life.
__________________
"Nothing so needs reforming as other peoples habits." Mark Twain
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03/31/11, 12:18 PM
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Join Date: Jun 2002
Posts: 5,240
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When the tractor was sold to you and the neighbor (the first neighbor), I'm assuming it was brand new and bought through a dealer.
If so, who's NAME or names is / are on the invoice and who is in possession of the invoice?
If it's just your name, I'd be telling the new half owner 1 of 2 things. "I'll buy it from you for the price you want it for." OR "Your price isn't high enough. Let's put it up for sale at a price we BOTH agree to and split the proceeds."
If it's just in the original neighbor's name . . . . well, not sure what to do there.
If it's in BOTH your name and the first neighbor's name, I'd be telling the 2nd half owner "Here is the invoice for when I bought this with ________. Show me your invoice for when _________ sold you his half."
At this point, this 2nd owner is NOT your friend and is only looking out for his own interest.
Go over to discuss this with the now 2nd owner. Be forceful and don't back down. If he wants to keep the tractor bad enough, he will come up to your blue book value. If he doesn't want it that bad, it can be sold to someone else and the money split. He is soon to be your ex-neighbor. What do you care WHAT he thinks of you?
WHERE IS THE TRACTOR NOW?
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Michael W. Smith in North-West Pennsylvania
"Everything happens for a reason."
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03/31/11, 12:56 PM
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Join Date: Jan 2004
Location: MN
Posts: 7,610
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How do you split up oil changes, and breakdowns?
How was it set up, did you both own 1/2 a tractor, or did you both own 1/2 intrest in a tractor? There is a difference as mentioned.
From the moment the 2 first bought the tractor, it became worth very little - split ownership of a small item like this turns into a legal mess.
You are running into that situation.
I'd just want to get away from it. The original 2 that bought together are the ones who messed up, didn't spell it out, and so it's old news, cut the losses and move on...
Note, I share ownership of an implement with someone, and don't have nothing written up, etc. So it's kinda a mess, but it was a small item, I can lose it & be ok.)
--->Paul
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03/31/11, 08:33 PM
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Join Date: Mar 2004
Posts: 1,049
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The ownership of the tractor was about as 50/50 as you could get. Every drop of fuel, every tire repair, and tune up was split in half. He had a barn so it (still) stays there. But we are a stones throw away from it, and it's as easy for us to get it as it is for him.
In the beginning we didn't have a truck so he took it in for tune ups. I don't think my dh helped him with the gas for his truck on that.
In the beginning, things were wonderful between us, we each tried to give 100 percent and not worry about who out did who. As far as I know, we didn't stop doing that, but things certainly changed on the other side. But I'ts important to note that he was extremely fair and very generous , we hoped that we were as well.
Things changed, the new owner is by the book, 50/50, and that is ok with us. The only amendment to the agreement with the new owner is the tractor can no longer be loaned out. We used to let our pastor mow his field with it but didn't think that was right any more.
We would not consider going to court, and probably when we move ( not far) we will tell the new owner that we will keep it half the time and he can keep it the other half.
It is so true, just don't ever go into partnership with any body.
__________________
misera est servitus ubi jus est aut incognitum aut vagum
(miserable is that state of slavery in which the law is unknown or uncertain)
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03/31/11, 08:55 PM
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Join Date: Sep 2007
Posts: 317
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who assesses it and pays personal property taxes on it? do you split those taxes too? does anyone insure it?
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03/31/11, 09:19 PM
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Moderator
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Join Date: May 2002
Location: Ontario
Posts: 12,685
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Property taxes on a tractor? Really?
__________________
Do not meddle in the affairs of Dragons, for you are crunchy and good with ketchup........
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