Legal Question in Civil Litigation in Illinois

A garden tractor store let me try out a used Case garden tractor. I decided it was not what I wanted. In person I asked the shop to come and pick it up. There was no response or contact from the shop. Again, in person I requested the shop to come and get it. From delivery to the last request was around 2 months. I left the tractor stored in my garage. After approximately 2 years l let another person take the tractor as part of a trade. Today the shop called and wanted the tractor. I replied that I no longer have the tractor. The shop is saying they will use legal action against me. Do they have a good suit? Can I charge them for storage and a charge for my repairs to the tractor? I cannot retrive the tractor.


Asked on 4/20/11, 1:01 pm

1 Answer from Attorneys

Can't say because we don't know complete terms of the "contract" you made when they let you try it out. Even the "tryout" was something in the nature of an option contract to purchase the tractor and if it was over $500 theoretically there should have been some kind of written agreement. The agreement may have required YOU to return the tractor instead of simply continuing to ask them to do so. It may have said if you don't return it, it's yours...and you owe on it. And we don't know what the communications were when you called for them to pick it up either -- what they said, if anything. So there are a LOT of things missing. But oral contracts can be sued on for 5 years in Illinois, 10 for written. From what you've posted, it is very possible that you did not have the right to trade it for anything. I would seek out a local lawyer, who can talk you through the entire situation and determine what, if anything, you may owe the store. Best of luck.

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Answered on 4/20/11, 8:20 pm


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