The Accidental Smallholder Forum

Livestock => Sheep => Topic started by: mikewt on January 24, 2013, 10:48:36 am

Title: compensation for sheep sold at auction?
Post by: mikewt on January 24, 2013, 10:48:36 am
Any advice
we have small holding of about 20 poll Dorset's
in September we sold Store ewes Lambs at market
In December we had a call from an angry farmer saying one of the ewes had given birth to twins, he was not happy as he had planned all his lambing for march. We offered to have the ewe back and refund his money or give him £20 for some feed but he refused. he rang back about a week later to say lambs had died in field.
He says the lambs were black spotted and since we only have poll Dorset's they must have been covered by a neighbouring rams

he now tells us that another two will lamb anyday and he wants compensation, again we have offered him his money back but he says he wants a lot more.

any ideas were we legally stand. - receipt says store ewes
Title: Re: compensation for sheep sold at auction?
Post by: Fowgill Farm on January 24, 2013, 10:57:28 am
Poor ewes, One of the reasons i won't sell any stock at auctions because of the possiblility of a backside hole like this bloke buying them, i'm darn sure had the lambs that were born early been looked after properley would have survived but sounds like he was so angry they never stood a chance.
Personally i'd offer him his money back and offer to take back the ewes, as he bought them as store ewes and you sold them in all good faith as that i don't think he has an legal comeback. You buy as seen at auction.
best of
Mandy :pig:
Title: Re: compensation for sheep sold at auction?
Post by: Marches Farmer on January 24, 2013, 11:00:04 am
How about contacting the market auctioneers - I'm sure they've had this happen before.  You appear to have sold the ewes in good faith.
Title: Re: compensation for sheep sold at auction?
Post by: ZaktheLad on January 24, 2013, 11:19:52 am
Sounds to me like he is just after what he can get out of you.  I feel sorry for the ewes having been purchased by such a nasty person.   Whilst it may have been an inconvenience to him to have lambs out of his planned season, it seems he did little to try and help the lambs survive  :'(.     I think you have offered a fair deal to him and interesting that said lambs with apparent black spots both died and evidence therefore now unavailable  :thinking:   
Title: Re: compensation for sheep sold at auction?
Post by: shep53 on January 24, 2013, 12:37:02 pm
This is a very common in store lambs and cattle, your market should be able to mediate and verify the truth and suggest compensation terms.   THE thing that bothers me is , a neighbours ram getting in and out once sight unseen for the dec lambing is just possible !! but to do it a second time 2-3 wks later  ??? ???
Title: Re: compensation for sheep sold at auction?
Post by: Tala Orchard on January 24, 2013, 12:50:17 pm
If they were sold at auction the onus is on the buyer, as stated 'caveat emptor' meaning 'let buyer beware' this is the premise of all auctions you pays your money and takes your chances. there is no legal ramifications at all unless you knew before hand that the ewes were due and failed to let the auctioneer know prior to the auction.  As at an auction lots are sold without an guarantees or warranties unless stated by the seller.

It sounds as if he is trying his luck is this the first time you have sold at an auction?

Tala
Title: Re: compensation for sheep sold at auction?
Post by: downsized on January 24, 2013, 12:51:22 pm
Get in touch with the auctioneers ASAP, I think he's coming it
Title: Re: compensation for sheep sold at auction?
Post by: Blacksheep on January 24, 2013, 01:13:29 pm
Definitely contact the auctioneers to check the terms of selling and deal with it through them, if compensation is due under their selling rules there will be a standard amount payable, he will probably have to provide proof too. Good luck, sounds like you have been very reasonable with your offers
Title: Re: compensation for sheep sold at auction?
Post by: VSS on January 24, 2013, 01:41:46 pm
He should lighten up! It just happens like that sometimes.

I agree, contact the auctioneer to mediate on your behalf, but I don't think you have to worry about it too much. I think you offer to take the ewes back and return his money was more than generous.

We had a similar experience a few years ago - we bought some barren ewes with the idea of sponging them, lambing at Christmas and selling as couples in January. Two ewes lambed while the sponges were in!

Never even occured to us to get het up about it.
Title: Re: compensation for sheep sold at auction?
Post by: shropshire_blue on January 24, 2013, 02:20:48 pm
On a bit of a tangent, whereabouts are you?  I'm thinking about switching from Lleyn x to Poll Dorsets
Title: Re: compensation for sheep sold at auction?
Post by: TheCaptain on January 24, 2013, 07:31:01 pm
Jesus, what's his problem??? I'd be chuffed to have any lambs fit and healthy this year. Tell him to dry his eyes, as has been said you pays your money, you take your chances
Title: Re: compensation for sheep sold at auction?
Post by: mojocafa on January 24, 2013, 07:55:04 pm
Jog on is what I'd be telling him
Title: Re: compensation for sheep sold at auction?
Post by: allyb on January 24, 2013, 08:17:05 pm
With the sheep you have done more than enough offering him to take them back. He is at it because buying sheep no matter what your eye is your guide.There is no comeback once its sold and thats from an auctioneer friend of mine.Different story for cattle though.So tell him to GTF and he ll have prime lambs for easter trade if they live and whats he doing sticking newborn lambs out in this weather for course they would die
Title: Re: compensation for sheep sold at auction?
Post by: FiB on January 24, 2013, 08:19:53 pm
sorry you've had all this hassle  :bouquet: ...and glad to read above confirming what I would have thought - particularly like the 'jog on'!!!!!  What an arse.
Title: Re: compensation for sheep sold at auction?
Post by: SteveHants on January 24, 2013, 11:55:58 pm
I bought some fullmouthed ewes last year and one of them dropped twins in Feb - the others went to the ram to lamb in Apr.


Both survived though (lleyns). I never once thought about getting annoyed about it, and besides, in-lamb ewes were worth a darn sight more than the £85 I had paid for fullmouths at the time. Worst I did was take a pic and e-mail to the guy who sold me asking who the daddy might be.
Title: Re: compensation for sheep sold at auction?
Post by: SallyintNorth on January 25, 2013, 03:25:39 am
I would check with the auction company, but my assumption would be that if I sold ewe lambs without qualification in a breeding sale, then I would be effectively warranting them fit to breed and would expect to pay compensation - as stipulated in the auction house's terms of sale - should any transpire to be already in lamb.

However, lambs sold in the store are sold as suitable for running on for fattening, so it's a different situation.  It is horrid, I know, for abattoir workers to find unborn lambs inside a hogg they've just slaughtered, and some abattoirs will penalise the farmer heavily for sending them in.

So I do think the buyer has a right to be upset - depending on the terms of sale - but would be guided by the auction company in terms of any compensation.