Re: [AlpacaTalk] Re: BBB and the Alpaca industry
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/
Best,
Denise
Denise L. Moss-Fritch
New Moon Alpacas
Santa Clara, CA
------------
From: "Konnie" <rk_dreamin@yahoo.
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
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 10:34 AM
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