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Author Topic: need some logging advice  (Read 835 times)

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gottaken

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need some logging advice
« on: January 13, 2003, 08:01:17 pm »
I just signed a timber contract with a logger. After he left and I contacted my son-in-law I decided I didn't want to sell the trees. When I signed the contract I recieved some money as a down payment. The logger called me a week later to tell me that they would be cutting the trees the next day. I told him that I didn't want to sell them and that he can come and pick up his down payment. He said he didn't want the down payment back and that he had already sold the contract to another logging company. Do I have a 3 day grace period in which to get out of the contract? What can I do to stop them from cutting my trees?

Offline Frank_Pender

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Re: need some logging advice
« Reply #1 on: January 13, 2003, 08:19:05 pm »
Get yourself a good legal beagal, right now, tht has some experience in contract law for your state. :-/
Frank Pender

Offline DanG

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Re: need some logging advice
« Reply #2 on: January 13, 2003, 08:33:53 pm »
What Frank said!  Trot that contract down to your Attorney, first thing in the morning, to see if there are any gaping holes in it.
Now, that being said, I'm sure you realize, by now, that you should have done your homework BEFORE you autographed the dotted line.
Also, you need to consider whether your son-in-law knows something about it. In other words, did you really get screwed, or did you get an ok deal?
You mention a "3 day grace period", but you said the logger called a week after the contract. Your supposed 3 days would have lapsed, anyway.
It is obvious that you need to get some professionals involved, mainly a good lawyer, and a really good forester, assuming it's not too late for the latter.
Good luck!
"I don't feel like an old man.  I feel like a young man who has something wrong with him."  Dick Cavett
"Beat not thy sword into a plowshare, rather beat the sword of thine enemy into a plowshare."

Offline Ron Scott

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Re: need some logging advice
« Reply #3 on: January 14, 2003, 05:06:12 pm »
It now depends upon what the contract said, but any timber contract should never allow the buyer to sell the contract to someone else. You have no idea who will now cut your timber and maybe "trash" your woods without any recourse. The person who sold the contract makes out with your timber.

You now need a lawyer and a professional consulting forester as previously mentioned to get your timber and property   values returned to you. Selling a timber contract might be illegal in your state and you need to get on it soon before the damage is done and your timber removed without your concurrence and any responsible party.

Hopefully you did not intend to allow the contract to be "sold" to someone else.

~Ron

Offline Jeff

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Re: need some logging advice
« Reply #4 on: January 14, 2003, 05:33:52 pm »
Gottaken, I referred this question to our Ask the Forestesr on Timber Buyers Network that uses the Michigan State University extention Foresters.

Here is the answer I got tonight:

Jeff;

If you are referring to "gottaken", then that is the realm of an
attorney.  The person should get a lawyer and let the lawyer take the
appropriate action.  The contract may have holes in it the person might be
able to slip through.  But this is not a forestry issue, it's a legal
issue.  Act quickly.

-Bill
The farther backward you can look, the farther forward you are likely to see. Winston Churchill.
Forestry Forum Founder and Chief Bottle Washer.

Offline Ron Wenrich

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Re: need some logging advice
« Reply #5 on: January 14, 2003, 05:45:34 pm »
And, PLEASE let us know how things turn out.
Never under estimate the power of stupid people in large groups.

 


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