RE: [AlpacaTalk] BBB and the Alpaca industry
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
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?
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posted by Chaddo at 9:09 AM
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