Author Topic: Sale and Return  (Read 7857 times)

ScotsGirl

  • Joined Dec 2009
  • Wiltshire
Sale and Return
« on: November 10, 2014, 06:23:11 pm »
Ok some advice needed. I was contacted about having a BWM ram for sale. Just so happened I had a shearling which was surplus and to my knowledge close to breed standard. I have details of breed history and they said they wanted him Andy have collected him. He was in a big trailer and there was ample time to go in and inspect him but the person just looked over the gate said he was lovely and we put him in her trailer.


Now I have a message to say on closer inspection he has white in his fleece and no good for breeding but I didn't see any White, granted I didn't get a magnifying glass out and go through him with a fine tooth comb.


Where do I stand? Do I have to take him back? I don't really want to as he was going on loan and now that can't happen as they have my other ram.

Womble

  • Joined Mar 2009
  • Stirlingshire, Central Scotland
Re: Sale and Return
« Reply #1 on: November 10, 2014, 06:58:46 pm »
How long ago did they pick him up?   :innocent:
"All fungi are edible. Some fungi are only edible once." -Terry Pratchett

ScotsGirl

  • Joined Dec 2009
  • Wiltshire
Re: Sale and Return
« Reply #2 on: November 10, 2014, 07:10:49 pm »
Yesterday

Womble

  • Joined Mar 2009
  • Stirlingshire, Central Scotland
Re: Sale and Return
« Reply #3 on: November 10, 2014, 07:22:37 pm »
Unlikely to be trying to pull a fast one having already put him to work then.

There are two aspects here: Firstly legal terms of sale, and secondly common custom and practice.

Unless you specifically stated he had no white in his fleece, surely he's 'sold as seen' on the first point, just like a second hand car. I'm not so sure what custom and practice would be for second hand tups, but I'm sure others will be along in a minute to advise!
"All fungi are edible. Some fungi are only edible once." -Terry Pratchett

ScotsGirl

  • Joined Dec 2009
  • Wiltshire
Re: Sale and Return
« Reply #4 on: November 10, 2014, 07:49:08 pm »
This was photo from last December

nutterly_uts

  • Joined Jul 2014
  • Jersey - for now :)
Re: Sale and Return
« Reply #5 on: November 10, 2014, 08:33:24 pm »
What about agreeing to go to theirs (with a trailer?) and have them show you the white. If it's a lot/significant then take him back, if its minimal/not your ram, walk away as sold as seen?

ScotsGirl

  • Joined Dec 2009
  • Wiltshire
Re: Sale and Return
« Reply #6 on: November 10, 2014, 08:53:16 pm »
I have asked for a photo. As you can see from photo above if there is white it is certainly not obvious. He can't come back for a week anyway and it will cause me no end of hassle if he does.

Hillview Farm

  • Joined Dec 2012
  • Surrey
  • Proud owner of sheep and Llamas!
Re: Sale and Return
« Reply #7 on: November 10, 2014, 09:05:13 pm »
Stand your ground. She had the choice to look at him carefully and didn't. You have no idea what diseases she could have, no idea if he was in quarantine and so on. It's not on! I'd be mad!

ScotsGirl

  • Joined Dec 2009
  • Wiltshire
Re: Sale and Return
« Reply #8 on: November 10, 2014, 09:13:52 pm »
Thanks for advice, I am a bit annoyed. I priced him reasonably and I wouldn't mind if I was guilty of hiding something but apart from his horns being too close to his head for my liking he produced some lovely lambs for me last year and I couldn't fault him. I don't show, however, so maybe don't have a critical enough eye.


I feel bad because she said she didn't think she had to worry about checking as she was buying from registered stock.

landroverroy

  • Joined Oct 2010
Re: Sale and Return
« Reply #9 on: November 10, 2014, 09:26:48 pm »
 I most certainly wouldn't take him back.
You said you had him confined in a trailer so they had every chance to examine him. He is still suitable for breeding which is what he was bought for - it would have been another matter if, say, he'd only got one bollock. It's not like he's got a large white patch that you tried to conceal, and I think that a few white hairs would probably not be passed on anyway.
But most important of all, as mentioned, is the disease risk. This is also the time of year for transmission of scab. I once lent out a ram. Unknown to me the people who borrowed him bought some more sheep from market and these had scab. They brought my ram back and never mentioned it and it went right through my flock. It took a while to establish and finally became evident just as we started lambing.
This is a classic case of caveat emptor and there would seem to be no valid reason why you should take the animal back.
Rules are made:
  for the guidance of wise men
  and the obedience of fools.

Bex

  • Joined Aug 2014
  • Wales
Re: Sale and Return
« Reply #10 on: November 10, 2014, 09:40:08 pm »
I'd explain the worries you have about disease risk but maybe for the sake of diplomicy (and possible future business/ reputation) you could offer to help try and find someone to buy him from them?

I've no experience with sheep but lots with upity customers!  ::)
Little bugs have lesser bugs upon their backs to bite 'em. And lesser bugs have lesser bugs and so ad infinitum!

shygirl

  • Joined May 2013
Re: Sale and Return
« Reply #11 on: November 10, 2014, 11:00:35 pm »
tell them you have a closed herd so no returns.
next time write a receipt with "sold as seen".

and maybe add "buy in haste, repent at leisure".  :roflanim:

Foobar

  • Joined Mar 2012
  • South Wales
Re: Sale and Return
« Reply #12 on: November 10, 2014, 11:45:16 pm »
Ug, bummer. They should have inspected him, there is no guarantee even with registered stock as the society doesn't compel anyone to have a pre registration inspection.   Sold as seen, unless you want to maintain the relationship.

Tim W

  • Joined Aug 2013
Re: Sale and Return
« Reply #13 on: November 11, 2014, 08:08:00 am »
I sell plenty of rams and have a replacement policy so that if a ram doesn't work or dies within a reasonable timeframe I will replace him FOC
However this sounds more like a case of--- 'I've changed my mind , on 2nd thoughts I don't like him'---which wouldn't cut it with me
It's hard to be diplomatic whilst telling people they are wrong though

Hellybee

  • Joined Feb 2010
    • www.blaengwawrponies.co.uk
Re: Sale and Return
« Reply #14 on: November 11, 2014, 09:24:20 am »
Very annoying, I would be a soft touch though, I would worry about what his fate would be if she really takes umbrage.  If he's a good ram I would rather take him back than think of him going through a mart with an unknown fate.   That makes me soft I know.   


Silly woman should've looked at what she was buying though, pulling a fast one me thinks x
« Last Edit: November 11, 2014, 10:44:21 am by Hellybee »

 

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