I can't imagine the complications of cross border litigation. Surely there's some obscure fine print that gives them a way out of the deal in the paperwork? Especially if the other buyer's money cleared first.
Wouldn't it be simpler to just let it go and look for a different one? Is the equipment that rare? (I have no idea if its that rare, and I'm just curious)
I guess I'd rather let it go, and know that they aren't someone I want to do business with. Vs. if they called you today, and wanted to still go through with the deal? I don't know that I would want to still purchase from them after being jacked around.
So was this deal closer to a real estate transaction? Where there's earnest money put in, you sort your financing, and if another buyer shows up- you are supposed to get 24 hours to come up with the money or you lose it? Right of first refusal?
I'm not sure I've ever seen right of first refusal unless there's a healthy deposit involved.
I've had customers send me a PO when scheduling work, but I've never really looked at their paperwork. If the crane didn't get done on Monday for someone else, and they've booked for tuesday, it still isn't happening, regardless if they sent me a PO or not. I've never thought I could be sued to make the "deal" still happen.
So from the sellers side, they've got someone cross border who may have importation issues, and to their knowledge financing issues. (You hadn't given them any $$ and weren't sure you could get it across the border?). Vs. a in Canada deal with someone they know and is their customer? I don't know how all the paperwork looks, but as the seller I'm not sure I'm going with your offer.
But I could be persuaded the other way, if I had more info.
Either way, I'm glad you posted about it, I've always looked at both canadian and european cranes when the dollar exchange is in my favor, and I've always chickened out because I didn't want to deal with that much hassle, for the small money savings. I've imported parts before, that has always gone pretty well, but I've had the sellers deal with the cross border issues.
I've missed out on equipment before, and it sucks when you've got plans and this is a missing piece of the puzzle. And I think my crane equipment is a little more available and a lot less specialized than yarders. Hope you can get it sorted out.
