Re: [AlpacaTalk] Legal question
No. I don't know for sure she was. My vet said her necropsy was consistent with those that had. And to ask if she had been exposed. She was bred at magical and from transfer dates looks like she was still with magical at that time. I asked the seller three different times to confirm and she never gave me an answer.
Bluebird Hills Farm <bluebirdhills@voyager.net> wrote:
>
>
>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.com
>bluebirdhills@voyager.net
>
>>
>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 10:44 AM
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