Re: [AlpacaTalk] Legal question
----- Original Message -----From: AmyJoLabbe@aol.com Sent: Sunday, June 13, 2010 10:17 AMSubject: 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?
posted by Chaddo at 10:34 AM
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