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Abandoned machine after sale

bonestock

Aluminum
Joined
Feb 6, 2012
Location
Atlanta, Ga
So about 18 months ago I traded a couple machines for another newer one with a dealer/broker.

The riggers I use picked up the machines from my shop and hold for pick up and collect a small storage fee after 30 days. But I've never had one sit that long......

The dealer/broker has sold both machines. One shipped out but the other is still at my riggers. about every two months the riggers reach out to me and I reach out to the broker. The broker told me they sold it in November 2016. I'm told they reached out to the customer but the machine still doesn't move.

Anyway fast forward to this morning. The riggers call me and say they want to. Ring the machine back to my shop. It's been sold twice and pretty much abandoned since the last sale in November 2016.

Do you take it back? I don't have any claim to the machine.

Do I tell the riggers to send the storage invoices to the broker to get their attention?

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Do you take it back? I don't have any claim to the machine.

Check state law. When I bought my house in Florida in 1991, there were 3 abandoned cars on the property (estate sales, the cars had less value that the hassle of dealing with them). Local police said they were mine to dispose of after 60 days, I don't know if I could have titled them but they were scrap anyways.

CarlBoyd
 
Do I tell the riggers to send the storage invoices to the broker to get their attention?

Yes. I'd direct the rigger to direct all further inquiries to the broker and start whatever procedure is necessary to claim the machine so they can scrap it.
If you want it back at all, you can buy it from the rigger after they have clear ownership of it. A local rigger has sold a few machines that way after long storage.
 
Yes. I'd direct the rigger to direct all further inquiries to the broker and start whatever procedure is necessary to claim the machine so they can scrap it.
If you want it back at all, you can buy it from the rigger after they have clear ownership of it. A local rigger has sold a few machines that way after long storage.
Pretty much what I was expecting. Thanks everyone.

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Get a release of interest from the broker, and take it back. Sell it on craigslist.

Any machine that will sell twice will sell a third time...
 
Find out who bought it and send them a registered letter. If no reply or the letter is refused then you can ask the rigger for paper work when they bring it back.
 
Get a release of interest from the broker, and take it back. Sell it on craigslist.

Any machine that will sell twice will sell a third time...

Why do you want legal possession ?

After this is completed, Rigger/storage will probably hit you with a large bill
for back storage.
 
Who signed the rigging agreement for removal and storage? It should have been the dealer. They should be paying for storage, hopefully that is how things worked out. Sounds like maybe the dealer never signed an agreement for storage?

You have no claim to the machine and probably shouldn't get involved unless you really want the machine back. Most likely there will be a reasonable amount of lawyering or risk of getting sued.

You may get the machine if you wait it out though. Basically the rigger would need to follow the state procedures for placing a lien against the machine for the unpaid storage. If neither the buyer or dealer pay for the storage costs, the rigger can eventually resell the machine to cover the lien. They could sell the machine to you at that point for a reasonable price.

The dealer would likely pay the storage costs though and resell the machine to cover their costs. Any decent machine tool dealer should have language in their agreement to cover equipment that is not picked up.

What's the machine? If it's something like a Hardinge GT27SP I am shopping for, I will show up with cash, have them load it, and drive away without even introducing myself...
 
Why do you want legal possession ?

After this is completed, Rigger/storage will probably hit you with a large bill
for back storage.
Without knowing the machine, it's hard to say. It sounds like the riggers want the space, and the broker doesn't want to deal with it.

I wouldn't accept any liability for a year's back storage- if the machine was worth it, I would tell the other parties that I will take it back free and clear.

If it ain't worth it, they can work it out among themselves. Scrap it out, whatever...

I sold a machine to a guy, he never picked it up. It sat in the corner of the shop for about 3 years, I finally sold it to someone else.
 
Could you use the machine?

Doo you have space for it?

Is it worth at least what the storage bill is currently at to have it?

Obviously this thing isn't worth much $ wise, so getting all wrapped up in "who owns it" doesn't seem worthwhile to me.

If you can use it, and the open storage bill isn't too much, bring it back in and hook it up. "Possession in 9/10 of the law" absolutely applies in this case! Nobody else wants it obviously, so take it back. Maybe you don't put a bunch of $ into it since it could go away, but the odds of someone tracking down a missing machine - that they never actually had would be so slim, since they obviously didn't bother to come pick it up in the first place.

But maybe wait 6m to a yr to resell it?

I have bought a few of those type machines from the riggers before.


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