What would you do?

[gtsticker]

we purchased a ranch that is owned by a LLC with one principle. There was a ranch manager living on the ranch that was his agent but not a member of the LLC. our contract excluded a squeeze chute and personal items from in the ranch managers house. We let the ranch manager stay in house for a while while preparing the lodge. He started hauling items like cattle trailers, flatbed trailer and some small items off the ranch to another location. he advised him that all that was included in the contract but did not make a big deal about it at the time as we really did not need those items. We advised we would ned him and his girlfriend to start paying rent if they wanting to continue to stay in the house.They moved out and took everything off the ranch that was not tied down. They took three conex containers, barbecue pits, a couple freezers from the lodge ect.
Now these items may have been purchased by them before we bought the property but it was not laid out in the contract that those items were to be removed.
Do we file a civil suit?
Do we file on them for theft?
Do we just let it go and say good riddens?
Whats you opinion as we are torn on what is the best thing to do in this situation. We get their belief that it is theirs but the contract states it is ours.

[SabineHunter]

I'd file theft.

[TKRanch]

Might let them know that if it is not returned theft charges will be filed? Maybe check with lawyer to review realities of possible success if charges are filed first?

[db@100]

Is it worth your time and trouble? What condition was the items in?

[GarGuy]

Was the term "personal items" defined? If not, he gonna claim that as his personal items and they may well be.

[mikemorvan]

Just based on what is stated, i'd say plenty more information is needed. Just how specific was the contract on what was, and was not, included in the deal?

[gemini2759]

I'd let it go. Not worth the aggravation.

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[kae006]

Was the term "personal items" defined? If not, he gonna claim that as his personal items and they may well be.

Just based on what is stated, i'd say plenty more information is needed. Just how specific was the contract on what was, and was not, included in the deal?

This is basically what I was going to say but Garguy and Mike beat me to it. Also, as to whether it's worth going after or not is completely up to you. If you bought a million dollar ranch and he took a couple thousand dollars worth of items off the land then probably not worth the trouble outside of principal. Also, not sure if your issue will end up falling on the seller or the tenant depending on if there was an existing contract between seller and manager. Depending on dollar amount of the items taken it may be worth reaching out to a real estate attorney, or at least start with your realtor/broker if you used one.

[ACbob]

And your bigger problem may end up being getting them out of the house. Good luck with all of it, and congrats on the ranch!

[gtsticker]

Is it worth your time and trouble? What condition was the items in?

good condition. If you include the conex containers and everything 20k plus worth of stuff.

[gtsticker]

Was the term "personal items" defined? If not, he gonna claim that as his personal items and they may well be.

it said personal items in the ranch managers house. nothing about anything on the property outside the house except the one squeeze chute.

[gtsticker]

And your bigger problem may end up being getting them out of the house. Good luck with all of it, and congrats on the ranch!

no their gone locks to the gate changed!

[gtsticker]

Just based on what is stated, i'd say plenty more information is needed. Just how specific was the contract on what was, and was not, included in the deal?

this is part of the issue. the items specifically excluded were only the personal items in the ranch managers house and the squeeze chute. the failure was that every item on the place was not specified.

[gtsticker]

This is basically what I was going to say but Garguy and Mike beat me to it. Also, as to whether it's worth going after or not is completely up to you. If you bought a million dollar ranch and he took a couple thousand dollars worth of items off the land then probably not worth the trouble outside of principal. Also, not sure if your issue will end up falling on the seller or the tenant depending on if there was an existing contract between seller and manager. Depending on dollar amount of the items taken it may be worth reaching out to a real estate attorney, or at least start with your realtor/broker if you used one.

Talked with a local attorney and he feels it is theft and we should file that. He also stated that small town LE and prosecutors may just say it is civil and we would have to go that route.

[DRT]

I'd get an attorney to contact them. Either the items returned or a $20K check. Barring that charges would be filed.

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