Re: [AlpacaTalk] Legal question
Did the seller disclose that the alpaca had been exposed to the Land O Lakes feed?
Laurel
The Shouvlins
Bluebird Hills Farm
Springfield, Ohio
937-206-3936
www.bluebirdhills.
bluebirdhills@
> Hi guys.
>
> I have a legal questions...
>
> 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?
posted by Chaddo at 10:30 AM
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