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Offline DL

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Re: What would you do if..
« Reply #15 on: August 01, 2007, 04:53:21 PM »
Since Dragon Lady brought it up, there is one Ive been wondering about for a long time too.  What if you sold a steer to a family and you told them it was a steer when they bought it and several months later they call and tell you that they cant get it bred, that they wanted to buy a heifer and they finally figured out the difference and now they cant get it pregnant.  Would you take it back?  Assume the steer has been very well taken care of. (:))

OK we assume the steer has been well take care of but what can we assume about the people who bought him??
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Offline OH Breeder

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Re: What would you do if..
« Reply #16 on: August 01, 2007, 04:59:24 PM »
SInce I have returned to the cattle business, I have a simple computer legal program - when i buy or sell cattle I get ALL parties to sign a simple contract.  I made the mistake of selling a bull on the word and trust and didn't get paid for 4 months after the person took the bull. I have no problem telling them of the potential risk etc. Educating them to the best of my knowledge, BUT the law does not recognize ignorance as an excuse. Just because they had an"Epiphany" I am not going to take the heifer back. No way. If the heifer wouldn't settle or breed then that is another story.
Life is too short....don't sweat the small stuff.

Offline justintime

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Re: What would you do if..
« Reply #17 on: August 01, 2007, 07:52:04 PM »
I am still one who likes to think that there is some honour in this business, but I also know that there are some people who will try just about anything. In the case of the heifer that is a PHA carrier, if you have explained this to the buyer prior to the sale, and they still bought it, then it is a sale, in my opinion. The amount of time that has passed since the sale, will be about the only thing you have to consider. If it is only a few days, and the buyer returned and said they had changed their mind, I would probably let them pick another heifer. If it is a situation where several months have passed, I certainly would feel that it was a sale. It could be a case where they have taken the heifer to a few shows and found out she wasn't going to win the big banners, so they are trying to get out of her by claiming they did not understand PHA. If you have explained this when they were thinking of buying, there should be no issues and no comeback by them. After all, you shouldn't have to protect them from their own stupidity.

In almost all breed association santioned guarantees, it states that the animal becomes the property of the buyer when it is sold. I remember a $8000 bull falling and breaking his pelvis within a few minutes of being sold.

unfortuantely, there are some grey areas when it comes to some of these issues. In business, the buyer is supposed to be always right. I think there are some limits to this. I have replaced some bulls from time to time, that I probably did not have to, but sometimes you have to bite your lip and keep a buyer happy.
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Offline showcattlegal

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Re: What would you do if..
« Reply #18 on: August 01, 2007, 10:30:11 PM »
sold is sold, as long as I told them about it before they paid for the heifer.


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