[AlpacaTalk] Re: BBB and the Alpaca industry
Thank you Denise for you response,
That is all I am asking for, we did not want to contact a lawyer, we
only what was ours, I did think at one point I was being irrational
but we had been trying for almost a year, and it really discouraged
me to think there was no one to help, and when I did ask around I was
told to be careful about making waves. All I wanted was complete
ownership of my property. I could not see purchasing an alpaca was
any different than buying a car, once you pay the car off you get the
title, done deal. But I was also told that this kind of dealings
happen all the time in the alpaca industry, which I do not want to
believe. What is the point of having contract if no one wants to
abide by them.
Thank you,
Konnie
-
-- In AlpacaTalk@yahoogro
>
> Morning Konnie,
>
> I am reading the exchange from my "day job". I noted your second
post with location. Guess Allison missed that.
>
> What Allison did not mention was we too had a similar occurance
when we first started. After paying for our purchase, we learned the
seller did not have clear title as identified in the contrat. (They
were paying the farm from which they made the purchase). It was
several months before we had title (the ARI certificate) and
initiated registration of the cria who came with our package took a
bit longer.
>
> I am not surprised ARI did not assist. The function of ARI is to
maintain industry records (the genealogy and the DNA data). All ARI
could establish is who holds the certificate and whether an alpaca is
in fact related to a sire and dam.
>
> I would like to see AOBA establish a {section/committee/
would offer an alternative dispute resolution source within the
industry. Sort of a "binding arbitration" of disputes. We need to
work together as an industry which means fair treatment for all.
Otherwise, such disputes end in the court system and only "hurt" the
reputation and image of the industry as a whole. Unfortunately, I
just do not see AOBA agreeing to establish such a group.
>
> Best,
>
> Denise
>
> Denise L. Moss-Fritch
> New Moon Alpacas
> Santa Clara, CA
>
> ------------
> From: "Konnie" <rk_dreamin@
>
> Thnak you for your response Allison,
>
> We did eventually have to involve a lawyer, the issues we had with
the
> farm is that they sold us animals in which they did not own. It
stated
> in our contract that once the animals were paid in full we would
receive
> the certificates, we paid the animals in full and could not get the
> certificates in a timely fashion, it took us almost a year of trying
> before we contacted a lawyer. I went through ARI and AOBA to no
avail.
> We felt we could not go to our local alpaca orginaztion because this
> farm is involved with some of the committees and they have made
false
> claims to the care in which I give my animals, which I have in
writing,
> I also have in writing the recommedation of a vet and other farms
that
> have been to our farm and seen our animals. But to fight a big farm
is
> like asking for a death sentence. It would be nice to have an
neutral
> party to help owners.
>
> Konnie Miller
>
> Kozy Kountry Alpacas
>
> 135 Dillon Road
>
> Milton, TN
>
> 615-273-3019
>
> www.kozykountryalpa
> --- In AlpacaTalk@yahoogro
> wrote:
> >
> > Hello RK Dreamin,
> >
> >
> >
> > First off, nice to meet you. Second, if you put a tagline and
> name/address
> > on your posts, we can address you more politely and also have an
idea
> of
> > your locale, which is sometimes important in helping you or
discussing
> your
> > circumstances. I don't know which state's laws apply here and that
> might
> > just be important.
> >
> >
> >
> > I don't know what area of the country you hale from. In some
areas,
> the
> > local chapters of the AOBA will have an area wide group.(Like
Calpaca,
> for
> > instance) The officers of those can sometimes give some
assistance in
> > getting you through a difficult time when there is a rough deal
> between
> > persons who are members. It would be private and informal, but it
> might
> > help.
> >
> >
> >
> > I'm a retired attorney and I'd be going to the courts if I could
not
> get
> > someone to stand behind a contract. But not without first trying
to
> > negotiate some resolution short of suit. BBB in your area might
just
> be a
> > good resource, so might be some of the granges, depending on
whether
> the
> > farm which is being difficult is a member of any of those
> organizations.
> >
> >
> >
> > AOBA as such does not presently have some investigative and
> enforcement
> > authority function set up for its members. Some breed associations
> (ARI)
> > (AKC) for instance, do have investigative and enforcement
functions.
> > Perhaps we need to work through AOBA to establish such functions.
> >
> >
> >
> > However, if none of that will help, you do have the right to
enforce
> your
> > contract in court. Just as we have seen with AOBA's suit; if the
party
> who
> > brings the suit wins, they usually get court costs awarded to
them to
> defray
> > their own expense. As you may imagine, should they lose, they end
up
> paying
> > those costs to the prevailing party, in many instances. So there
are
> some
> > risks. Getting to a livestock industry savvy attorney and
consulting
> with
> > her is a good start. Many attorneys offer FREE consultation
> appointments.
> > it is worth looking into.
> >
> >
> >
> > You are not very specific in saying what type of problem you are
> having and
> > what if any response the farm you purchased from has made. More
> details
> > would be appropriate in these areas.
> >
> >
> >
> > Also, I'd be writing a "position letter" which lays out my
problem and
> what
> > I have attempted as a solution, asks them to take the step you
need
> from
> > them and then lays out what will happen if they do not respond.
You
> don't
> > have to send it by certified mail or get it notarized.just send it
> first
> > class, properly and completely addressed. Of course, keep a copy
of
> all
> > correspondence, and the face of the envelope as well.
> >
> >
> >
> > I can show you how to word the letter so that if they fail to
respond
> you
> > can make their inaction a trigger to the consequences that will
happen
> to
> > them for their inaction. There are some tricks to the trade that
one
> picks
> > up over the years. I can't be your attorney.I'm RETIRED.which
means no
> > legal advice or true legal work.law of the State Bar. However, I
do
> try to
> > explain legal stuff for folks in this industry when they ask and
> sometimes I
> > can make generally useful type suggestions without crossing that
line.
> >
> >
> >
> > Best of luck working out your problem, whatever it may be!
> >
> >
> >
> > Allison E. Moss-Fritch
> >
> > New Moon Alpacas
> >
> > Santa Clara, CA
> >
> > 408/248-3581
> >
> > http://www.newmoona
> >
> >
> >
> > From: AlpacaTalk@yahoogro
[mailto:AlpacaTalk@yahoogro
> On
> > Behalf Of rk_dreamin
> > Sent: Tuesday, January 08, 2008 8:24 AM
> > To: AlpacaTalk@yahoogro
> > Subject: [AlpacaTalk] BBB and the Alpaca industry
> >
> >
> >
> > I have just recently read where a new alpaca owner purchased some
> > alpaca and the selling farm is not standing behind their contract.
> This
> > upsets me for we had the same issues of breach of contract. It
was a
> > year long ordeal. Since our ordeal another new farm went through
an
> > unpleasant experience with the same farm. These farms and their
ethics
> > are not good for the industry and very discouraging for new
farms. We
> > did our homework and bought our animals from what we thought was
> > reputable farm only to find out that was not so. Is there a BBB
for
> the
> > Alpaca farms?
> >
> >
> >
> >
> >
> > [Non-text portions of this message have been removed]
> >
>
> [Non-text portions of this message have been removed]
>
>
>
>
> [Non-text portions of this message have been removed]
>
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posted by Chaddo at 10:52 AM
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