I Got Burned to the Tune of $3200.00

JoeyLowe · February 12, 2002, 06:00:42 PM

:-[ Gather around and I'll share my sad story of how I lost $3200.00 and gained a little wisdom in the process.

As some of you may know, I'm new to the sawmill, having recently purchased a Woodmizer Super 40. My father-in-law and I decided we should probably go ahead and buy a forklift or tractor with lift or something to move the logs around. We were also loking to buy about 100 acres of land. Well opportunity came knocking and we found ourselves looking at 78 acres for sale. Just so happened that the gentleman (loosely used) that owned the land was referred to us by a mutual friend and that he also had a Timberking B20 sawmill and Case 530CK Forklift for sale. Asking price for the land was $1500.00 per acre. He wanted another $12,900.00 for the mill and $3200.00 for the forklift but the mill and forklift had to be sold together.

Well of course, there was some urgency to buying the mill/forklift because he said that he had two other buyers looking at the mill/forklift and he would sell both to the first person with the money. So after some deliberation, we decided to give him a check for $3200.00 with the understanding that it was to hold the mill/forklift until I could have a mechanic check them out.

Three days later and another $300.00 for the mechanic and I learned that the forklift was in need of major repairs to the tune of $8-$10,000.00. So I called the guy and told him the deal was off and asked him to return my check. He said he would. Three days after that, he calls me back to tell me that he thought we had a deal; that he had already cashed the check and that he was not returning the money.

Lesson learned? Get it in writing before you part with any cash. 2nd lesson learned? Do your homework on who the seller was. I live in a small town and have only been here a little over 4 years. After the fact, I learned from a couple of attorneys that this guy is the biggest crook in our county and to top it off he used to be the chief deputy at a Sheriff's Office.

So I'm now $3200.00 poorer and millions smarter!

Jeff · February 12, 2002, 06:18:52 PM

That sucks. We need a icon for disgust.

Tom · February 12, 2002, 06:59:39 PM

Grrrrrrrrrrrrr

I guess every town has a jerk like that. It eventually catches up with them though.

I wonder how he can sleep at night knowing that he took your money and offered nothing in return.

Are you the owner of the forklift now? Repairs can be accomplished for much less than a dealer will quote. Perhaps you have a mechanic in town that can help. Try asking some of the companys in town who they use or if they have a maintenance crew that might want to make some "side" money. It may be that you can fix it yourself with a some advice.

I know it is a bad feeling to be taken like that but most of us go into relationships trusting the other party to be honest and fair. It's a shame that it isn't always the truth. That fellows reputation will run before him and if it were me, I'de make sure the word got out. At least I would feel better.

I was taken for a ride on a backhoe years ago the same way, to the tune of 13k. I even had the local Ford tractor company inspect the hoe and got their approval. It was junk and didn't even make it off of the trailer at delivery. I won though. The guy who sold it to me was a drunk, lost his business and died of cancer after living 10 miserable years.

I agree with Jeff..........we need an icon for disgust.

Rick-Wi · February 12, 2002, 07:00:55 PM

JoeyLowe,

One thing I would do is not let him get away with it.. Was your Father-in-law there and hear the conversation? If so he is a witness. File in small claims court to get the money back.

Rick-Wi

JoeyLowe · February 12, 2002, 08:05:34 PM

:'( Yep, my dear old father-in-law was present. Pop even wanted to wait until after Case checked out the forklift before parting with any money, but the guy was adament that he had another buyer that might show up at any time.

I visited with two attorneys about the matter. The first attorney is youngster (been lawyering only about three years). My biggest concern was whether or not I had any liability for calling off the deal with money on the table. I told this attorney that I didn't know many people in this town so I didn't know who the good guys and bad guys were. When I mentioned this fella's name, the attorney sat back in his chair and told me that he was the biggest crook in the county. That he had railroaded a guy into prison for a murder that he didn't commit and that he had cost the last sheriff the election because of misuse of county property, towit: heavy equipment. Anyway the attorny told me that under Texas law, a contract could exist since I did put up some money, but that what would probably happen is that I would spent another $2500 in legal costs just to get a piece of paper that says this guy owes me money. In other words, was it worth $700 to go through this hassle. The second attorney concured.

As far the forklift, the day the mechanic was looking it over, I found a bill of sale laying on the front seat of my truck when I went to leave. This yoyo had put the bill of sale on the seat of my truck. The attorneys told me that if I attempted to collect the forklift, I may be liable to purchase the mill too. So it is better to chaulk it up to experience.

As for getting the word out, I spoke with deacon in my church who told me that he would speak to some friends about it and see if they could get my money back for me.

My wife says that I'm better served to concentrate on more positive things like getting this business up and running for my father-in-law and sons and to let karma work its charm on this fellow.

I agree about an icon for disgust too!

Bud Man · February 12, 2002, 09:18:07 PM

Joey-- I agree with the wife --Get the guy out of your mind as quick as you can. Getting a judgement is one thing , collecting is a whole new can of worms, the guy probably doesn't have a dime. I've got a drawer full of judgement's that cost me a bundle (lesson learned). Vengence and hatetread ate me up for years until I turned them loose. The guy will get his like Tom says. Keep your chin up and keep marching ===Good things will happen !!!!

Bud Man · February 12, 2002, 09:29:38 PM

Joey=== What have you cut so far on that wood-mizer 42 diesel ?? What came of the posts ?? and the guy with 300 trees??

JoeyLowe · February 13, 2002, 07:09:07 AM

My wife just came in and saw that I had posted this and she said to me, "I thought I told you to let it go." Her tone was a little firmer than before so I guess enough said.

Hey Buddy, I'm still waiting to get started on those posts. I believe that I'm about three weeks out if the landowner sticks to his schedule. So far, I've just played with the mill and sawn some cedar logs.

Bud Man · February 13, 2002, 12:26:46 PM

Joey== Have you made up 1000's of stickers for all the boards you're going to cut shortly?? What kind of wood did you or will you make them from??---- What town in Ms. was your father - in law from?? Also Link up with Macurtis on this forum---seems to have some good marketing ideas.(see his recent posts). He's from Prentis , Ms.

Gordon · February 13, 2002, 02:30:56 PM

Joey that is terrible, but remember this what goes around comes around----life is a circle. So he will get his sooner or later.

But there is a good side to this other than the lesson that you already have learned. It's people like that, who give me job security. People who try to always get over on people sooner or later end up with a nice long vacation at my work.

Gordon

Corley5 · February 13, 2002, 03:40:08 PM

Sounds to me like a hanging is in order. From what you say I'm surprised somebody hasn't already done it.
Eight to $10,000.00 sounds a little high for a repair bill. Must be in need of MAJOR repair.

JoeyLowe · February 13, 2002, 08:22:19 PM

Hanging is probably too much. The mechanic did find some serious problems like both hydraulic cylinders were cracked on the lifts and the engine had some problems with it too. The main thing that I noticed, being a novice and all, was that the *DanG thing would only move about 3 feet before it would lock in place and you would have to change gears to reverse to unlock it so I guess there were some tranny problems too.

All in all, this was probably the best $3200.00 I spent because no one will ever hoodwink me again as long as I'm awake.

Corley5 · February 13, 2002, 08:43:44 PM

Sounds like it does have some serious problems :( Once bitten twice shy. There are some people in my area that I would not do business with. Aerosol overhauls are common. It looks pretty but beware.

JoeyLowe · February 14, 2002, 05:24:53 AM

Hey Buddy:

I overlooked your question about where my father-in-law lives. He lives in a little town called Pontotoc, Ms. It is in the northeastern part of the state, just south of Tupelo.

Texas Ranger · February 14, 2002, 07:30:58 AM

A couple of things come to mind. "Pay backs are a bitch", and "What goes around, comes around". Oh, and "Time wounds all heels". The cold satisfaction of passing a bottle of whiskey through your kidneys onto his grave.

Oh, well, you get the picture. Each and every southern town I have been in have this type of jerk, usually the word is out and they don't seem to stay long, but some times they outlive their reputation.

JoeyLowe · February 14, 2002, 09:44:33 AM

The funny thing is that if I approach anyone to tell them this story, I always ask them right up front if they know "such-n-such". Everyone, and I mean everyone immediately interupts me with a grimace and they all warn me to stay away from that man. I tell them my sob story and I typically get a nod and a "that figures"

Don, thanks for the visual with the whiskey!

CHARLIE · February 14, 2002, 10:33:23 AM

JoeyLowe, I'm mighty sorry to hear your story. And I agree, not to let it eat at your gut. But, don't forget the guy. Sooner or later he might need your help and then you will be able to return the favor tenfold. >:(

Timber_Zeus · February 14, 2002, 11:35:11 AM

Thanks for sharing your story, it will help others. I was screwed by some some subcontractors on the erection of my new farmhouse. I trusted them too much. It eats at your stomach, the feeling will go away in time though.

I wonder if something like this could happen with a used sawmill. I have noticed the sawmill resale values are quite high and I wonder if it isn't worth it to only consider new to avoid the risk of buying something that has problems.

Again, give it some time. And remember it could have been worse. You did have it checked it out before the whole thing was a 100 percent done deal.

HORSELOGGER · February 14, 2002, 11:41:03 AM

Yes Joey, sooner or later he may need your help, and then you will have an opportunity to display true human kindness by giving it to him. This will relieve you of the hurt more than anything you could possibly do in retaliation. Sinking to his level and playing the same game he does only makes you like him, and takes away your own sense of worth. If the whole community knows him by his fruits, the same could go for you if you try to extract revenge. Hardly seems worth 3200 bucks to lose ones dignity.

JoeyLowe · February 14, 2002, 12:49:27 PM

Horselogger:

That was very well said! I'm a firm believer in the Golden Rule. I guess that was why I readily wrote that check. Any other time and I would have been more hesitant. Your advice was well taken and will be heeded.