Selling a skidsteer not in your name

[m2bcarroll]

Can a person sell a skidsteer when the receipt or paperwork from the dealer has someone else's name on it?

 

[reaperman]

Id imagine whatever state laws would allow. However, I work with a former Cat regional salesman who often said there is no formal registration on off road equipment. Thus making a stolen machine very easy to resell.

 

[Tlawdogg]

No titles. What name are you talking about?
Maybe warranty, if New. Otherwise, no Title No registration just a P.I.N. No V.I.N.
Todd

 

[m2bcarroll]

No titles. What name are you talking about?
Maybe warranty, if New. Otherwise, no Title No registration just a P.I.N. No V.I.N.
Todd

The owner of the machine passed away. His former girlfriend is selling all of his business tools, basically.

 

[Tlawdogg]

What you can do is ask your local Deputy or Police officer to run (check) the P.I.N. to see if it was reported stolen. Otherwise good to go.
Believe it or not A Lot of skid steers are stolen!

 

[mrbb]

like stated anyone can buy and sell a skid steer, there are no titles, or anything to be transferred at time of sale
its basically a cash and carry deal

the only thing that would make a sale ILLEGAL is if the machine is stolen property

so, if this person selling things has NO legal authority to be selling it, that can be a illegal sale
and that would come down to who ever is in charge of the estate, and or who is entitled to things from the person who passed away , as if legally left items in a will, or, is just LEGALLY in charge of the estate
every state has its own rules on what is legally needed to inherit an estate or who is allowed to take possession of it
, many states, i where a will is not needed, things fall to next immediate family, as if a parent dies, goes to oldest sibling and so on!

SO again if this person doe NOT have the right to sell ANY property of the deceased, then, yes, they cannot be selling the skid steer period! bill of sale/title or not!

 

[haymaker]

There could be tax issues also if it was owned by a business. Especially if it is a newer machine purchased recently. It may have be depreciated rapidly and if sold taxes COULD be owed on the proceeds to the government.
I know a guy that liquidated a business and a couple years later the fed came back at him with a $40k tax bill.
Unless the equipment was purchased 7 to 10 years ago it might be a good idea to have a brief conversation with the deceased's tax person.

 

[mikelv]

As a former girlfriend unless you are named in the will you have NO LEGAL claim on the property and cannot legally sell it.

 

[haymaker]

As a former girlfriend unless you are named in the will you have NO LEGAL claim on the property and cannot legally sell it.

Unless a partner in the business then it may be allowed. That would need to be confirmed a lawyer.

 

[Robanybody]

From a liability standpoint, a signed receipt from the seller will keep you out of criminal jeopardy. But if it's discovered later that the seller didn't have the right to dispose of the property, you might have some civil financial liability.
I bought a theft recovered s 763 at an auction, I kept all the paperwork from the auction in a box inside the machine with the manual. Never needed it, but you never know.
California and a couple other states have a registration system for diesel machines based on horsepower and emissions. That's why they have the red numbers on either side.
I'd say that you should at least contact the local law enforcement and ask them to check the S/N to see if it's in the system. Anything else would be a civil matter. But you will have done your due diligence.
Different states have different rules of inheritance and the rights and relationships of survivors can be a twisted mess.
I'm not a lawyer, but I keep in the good graces of a couple of them.

 

[mikelv]

Unless a partner in the business then it may be allowed. That would need to be confirmed a lawyer.

True but in that case, I think it would have started off with "I was a business partner with" instead of " I am the former girlfriend" but you never know.

 

[[email protected]]

If it is a good price then find out from an Attorney what to do next. Stay out of estates as it will come back at you. Not worth it my friend.

 

[haymaker]

True but in that case, I think it would have started off with "I was a business partner with" instead of " I am the former girlfriend" but you never know.

Since people come and ask for help on their skid steers without even telling us what kind or model, I never assume we are getting any accurate information.

 

[mikelv]

Since people come and ask for help on their skid steers without even telling us what kind or model, I never assume we are getting any accurate information.

LOL, I see your point.