Re: [AlpacaTalk] Legal question

 

Amy:

First off, I'm not an attorney nor do I play one etc....in short, I know nothing about the law outside of the fact that we are obligated to "obey" "it". Next, I am very sorry for your loss. I'm sure it hurts in more than one way. However, I have to think that the responsibility still rests with you. If you had a thorough vet exam, maybe the heart problems and other things could have been picked up...maybe not. But at least you would have done what you could to help assure that you were getting a sturdy and healthy animal. Next, not insuring her for the purchase price really still rests with you. I've only bought one animal that required cross country shipping, but as I recall, I had him insured prior to his leaving the selling farm. I guess my thinking was that if anything happened in transport, I didn't want to lose not only him, but the money. I also figured that even if the financial responsibility of an auto accident would rest on the 'guilty' party, I didn't want to have to fight - let insurance do that, or at least have it in the ready if anything should happen.

 

I really am sorry to say what I just did, especially considering that the economy has hit you pretty hard. It really does seem unfair, at best. I DO, however, think that the seller could be a little more considerate about your position and how things have changed from when you signed the contract. In a word, it seems pretty heartless to threaten a law suit under the circumstances. On the other hand, none of us know what others are dealing with and what challenges that person may be facing...or any financial hardships they may be under. It still doesn't make it very 'nice' to threaten a law suit., but I guess if you owe money, you owe money....so it does fall back on you. Is there ANY way you can again approach this person and try to work something out that is mutually agreeable? I know...sometimes that just isn't possible.

 

As for the encephalitis....well, I suppose that could happen anywhere and there likely isn't anybody to actually 'blame'. As I understand that, it's either a bacteria or virus, and the good Lord knows there is nothing to stop those buggers, especially if they are passed by mosquitoes or if they're just in the air. Clean conditions alone won't stop disease. Look at hospitals....best breeding grounds there are for some kinds of infections.

 

Sorry again to be blunt about my feelings. Please know that I don't feel heartless toward you or your situation. I do think this is just another of those ugly situations and if people could be more understanding, thoughtful and helpful, this world might just be a little nicer place.

 

Good luck in finding some way to resolve this so that everybody can at least be okay, if not outright happy.

 

Susan

 

Susan Forman
Dewey Morning Alpacas
Washington Court House, OH 43160
740-636-1899
http://www.alpacanation.com/deweymorning.asp

 

----- Original Message -----

From: AmyJoLabbe@aol.com

To: AlpacaTalk@yahoogroups.com

Sent: Sunday, June 13, 2010 11:17 AM

Subject: Re: [AlpacaTalk] Legal question

 

Hi guys.

 

I have a legal questions...share your thoughts. Privately if you wish.

 

I bought a female alpaca. Nice girl - very nice production girl. Nearly full term.

 

A deposit was paid and she was going to be financed over two years. (this started last year).

 

I did not have a pre-purchase exam. But she did get her health papers and was shipped to a boarding location since I would be out of town for a few weeks. It was a 'ship her now or much later' since she was late term. All of this at the advice of the seller. Because it has all happened so fast I had not yet insured her.

 

She arrived to the boarding location. VERY clean, VERY safe place. Her weight and condition seemed good although she was a very heavy breather...but full term so not much to worry about.

 

Within a week she died! The necropsy showed that she had major scar tissue all over and around her heart. That she had heart disease and failure. She also had encephelitis (sp). And suffered from asthma like conditions in her lungs. She had a full term female cria in her womb who also had encephelitis. I contacted the seller to let them know. Seller said encephelitis must have come from the boarding farm not theirs. OK possible I suppose. Seller said they had no knowledge of the heart defect and had raised many winning cria from female. But seller did buy animal from Magical and animal was in Magical's possession during Land O Lakes issues. My vet attributed her heart scar tissue and disease to that.

 

Since the seller is a JUDGE and I did not want any problems I agreed to keep paying for her. Seller said it was my fault anyhow for not insuring her. errrr. But later offered to transfer the animal's payments to another one of her females (of course all of the remaining sellers females are 3x the purchase price of the original female). I tried to switch for herdsire services and seller said no. It had to be on another female. Meanwhile I am making auto payments on my debit card.

 

Poop hits the fan at my house. My husband is activated in the Air Force (pay cut) and I am layed off from my job (loss of more income). I am able to sell some alpacas to stay afloat. I call seller/judge and tell her to stop auto debiting from my checking account that I will have to mail payments and do the best I can considering the situation.

 

Seller says ok but two weeks later debits my card. Thankfully there was enough money in the account - but it also messed me up in not having that money available here at the farm where I needed it. Next month debits my card again. I close the account. Again not trying to be difficult, since seller is a judge, I explain that I cant have people going in and debiting from my account when they want (it was very random times even) and I close my account.

 

I am really not in a financial position to keep making payments on an alpaca I have never seen and that died of heart failure only a few days after it arrived in this state. I am really not in a financial position to make payments at all. If she had lived, I would have voluntarily surrendered her back to the seller since our financial situation has changed so much. The only other alpaca I have financed (also owned by a judge) has been so kind in my position to waive a few payments and re-write the terms of my agreement to make the payments VERY affordable. And aside from them the rest of my herd is owned outright.

 

This particular seller/judge sent me a certified letter yesterday saying I have 10 days to pay the balance in full or she would sue me. This all feels wrong to me. Any thoughts? Am I responsible? What would you do if you were the seller?

Susan Forman
Dewey Morning Alpacas
Washington Court House, OH 43160
740-636-1899
http://www.alpacanation.com/deweymorning.asp

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