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Post sale responsibilities

  • 13-01-2021 11:24pm
    #1
    Registered Users, Registered Users 2 Posts: 244 ✭✭


    Hi, I sold a springer close to calving 2nd calve through private sale assuming the cow was genuine. Told him before sale she didn't rear calf last year. Neither of us checked elder. She calved a few weeks later per plan but had mastitis. I offered him money to bridge expenses but he is pushing for more. I want to be reasonable and met likewise but he is pushing/threatening to go further. What is the legal stance here? Thanks


Comments

  • Registered Users, Registered Users 2 Posts: 9,361 ✭✭✭tanko


    Legally i'd say he hasn't a leg to stand on.


  • Registered Users, Registered Users 2 Posts: 5,424 ✭✭✭Grueller


    Who says she didn't get environmental mastitis at his place?


  • Registered Users, Registered Users 2 Posts: 790 ✭✭✭richie123


    It's his problem sure jazus there wouldn't be a beast in the country sold if that craic was to go on.especially for something as common as mastitis


  • Registered Users, Registered Users 2 Posts: 30,488 ✭✭✭✭whelan2


    Dont answer the phone to him anymore


  • Registered Users, Registered Users 2 Posts: 18,832 ✭✭✭✭_Brian


    whelan2 wrote: »
    Dont answer the phone to him anymore

    Great advice.
    He’s getting a sniff of weakness from OP and out for a handy few €€&

    Block his number amd move on without a second thought


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  • Registered Users, Registered Users 2 Posts: 244 ✭✭Omallep2


    Thanks everyone. It was legacy mastitis he tells me. I don't want to be a soft touch but I want to be fair also. He knows where I live.


  • Registered Users, Registered Users 2 Posts: 4,222 ✭✭✭Kevhog1988


    Caveat Emptor (Buyer Beware) in that situation. Tell him you were happy enough to offer him something as a gesture but considering his continued unwillingness/threatening behaviour you are withdrawing your offer and wish him the best of luck with his cow and calf. If he lands to the house just ring the guards.


  • Posts: 133 ✭✭ [Deleted User]


    It was up to him to get the cow checked out before purchase.

    If he didn't, he bought as is. No different to a second hand car not checked by a mechanic


  • Registered Users, Registered Users 2 Posts: 2,015 ✭✭✭farawaygrass


    I wouldn’t block his number. Most problems escalate due to non or poor communication, and blocking his number won’t solve the problem either.
    Better to talk to him, but stand your ground. Even if ye have a row, chances are it’ll settle, whereas blocking his call will leave the issue hanging around.
    You seemed to be very fair with him and if he wants to take matters further let me. At the end of the day, calf prices are strong. He could always sell the calf and fatten the cow, and won’t be at a massive loss. Not like the cow or calf died.


  • Registered Users, Registered Users 2 Posts: 2,954 ✭✭✭Lime Tree Farm


    I'd say it's his "tough titty", couldn't resist saying that.

    Seriously, did she develop mastitis since calving, or does have she blind quarters as a result of summer mastitis on your holding. He is aware that she did not rear a calf.


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  • Registered Users, Registered Users 2 Posts: 244 ✭✭Omallep2


    I'd say it's his "tough titty", couldn't resist saying that.

    Seriously, did she develop mastitis since calving, or does have she blind quarters as a result of summer mastitis on your holding. He is aware that she did not rear a calf.

    Thanks everyone for responses. I won't block no. As I agree communication is important. He tells me she has mastitis but its from old. If it was from old surely cow wouldn't be sick now (which he is saying she has been, vet etc) and would only have blind tit(s) from last year? I think she took ill on his farm, its unfortunate but I was honest and fair. I could have covered myself by checking her udder pre sale so a learning there for sure.


  • Registered Users, Registered Users 2 Posts: 30,488 ✭✭✭✭whelan2


    The movement could have stressed her and caused the mastitis as far as you were aware she was fine leaving your farm. You dont need the stress of this you have made him an offer, which imo you didn't need to do and that's the end of it.


  • Registered Users, Registered Users 2 Posts: 2,528 ✭✭✭Dunedin


    whelan2 wrote: »
    The movement could have stressed her and caused the mastitis as far as you were aware she was fine leaving your farm. You dont need the stress of this you have made him an offer, which imo you didn't need to do and that's the end of it.

    Fully agree and I think you’ve been more than fair with him. A lot of people would have told him where to go first off and I think he’s being the unreasonable one here.


  • Registered Users, Registered Users 2 Posts: 21,327 ✭✭✭✭Donald Trump


    He might see the offer as an admission of guilt that you were aware of it or something rather that you actually just trying to be decent to him


  • Registered Users, Registered Users 2 Posts: 3,695 ✭✭✭visatorro


    Omallep2 wrote:
    Thanks everyone. It was legacy mastitis he tells me. I don't want to be a soft touch but I want to be fair also. He knows where I live.


    What the feck ls legacy mastitis?

    You said she didn't rare a calf last year. Just out of interest what happened there?


  • Registered Users, Registered Users 2 Posts: 4,222 ✭✭✭Kevhog1988


    He might see the offer as an admission of guilt that you were aware of it or something rather that you actually just trying to be decent to him

    I would be clarifying that you made the offer in the interest of goodwill but also now telling him to f8ck off with himself... in a nice way. OP had no obligation to offer a refund or part refund in that instance. Id always see animals as having a taillight warranty on them as long as op didnt knowingly know the cow had previously had mastitis (if it did at all). If hed bought her through a mart he wouldn't be going ringing them about it would he.


  • Registered Users, Registered Users 2 Posts: 244 ✭✭Omallep2


    He might see the offer as an admission of guilt that you were aware of it or something rather that you actually just trying to be decent to him

    No he knows I wasn't aware. He wanted to bid me down and I said I had to get asking price or id calf her myself (I honestly thought she was 100%)


  • Registered Users, Registered Users 2 Posts: 244 ✭✭Omallep2


    visatorro wrote: »
    What the feck ls legacy mastitis?

    You said she didn't rare a calf last year. Just out of interest what happened there?

    Calf died after birth and he knew that pre deal


  • Registered Users, Registered Users 2 Posts: 1,102 ✭✭✭jimini0


    Omallep2 wrote: »
    No he knows I wasn't aware. He wanted to bid me down and I said I had to get asking price or id calf her myself (I honestly thought she was 100%)

    Withdraw your offer and Tell him to contact his solicitor. Call his bluff.
    He doesn't have a leg to stand on. You gave him the facts to the best of your knowledge at time of sale. Its not your fault she got mastitis. He bought her its his problem now not yours. If she turned out not in calf then it would fall back on you. Call his bluff and move on


  • Registered Users, Registered Users 2 Posts: 9,361 ✭✭✭tanko


    Omallep2 wrote: »
    Calf died after birth and he knew that pre deal

    Is this lad a cattle dealer?


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  • Registered Users, Registered Users 2 Posts: 2,528 ✭✭✭Dunedin


    jimini0 wrote: »
    Withdraw your offer and Tell him to contact his solicitor. Call his bluff.
    He doesn't have a leg to stand on. You gave him the facts to the best of your knowledge at time of sale. Its not your fault she got mastitis. He bought her its his problem now not yours. If she turned out not in calf then it would fall back on you. Call his bluff and move on

    I’d hold the line that you’re still willing to honour your first offer. If he does go legal, a decent solicitor should advise him to take what’s on offer whereas a total withdrawal from you may only poke the bear type and there’s no winner thereafter.


  • Registered Users, Registered Users 2 Posts: 30,488 ✭✭✭✭whelan2


    Dunedin wrote: »
    I’d hold the line that you’re still willing to honour your first offer. If he does go legal, a decent solicitor should advise him to take what’s on offer whereas a total withdrawal from you may only poke the bear type and there’s no winner thereafter.

    A solicitor is going to cost him, these things take time.


  • Registered Users, Registered Users 2 Posts: 244 ✭✭Omallep2


    tanko wrote: »
    Is this lad a cattle dealer?

    No he aint


  • Registered Users, Registered Users 2 Posts: 244 ✭✭Omallep2


    Dunedin wrote: »
    I’d hold the line that you’re still willing to honour your first offer. If he does go legal, a decent solicitor should advise him to take what’s on offer whereas a total withdrawal from you may only poke the bear type and there’s no winner thereafter.

    I think that's being fair. €200 more than fair on a second calf suckler


  • Registered Users, Registered Users 2 Posts: 9,361 ✭✭✭tanko


    Omallep2 wrote: »
    I think that's being fair. €200 more than fair on a second calf suckler

    You're being very generous to him there. If he's not happy with that i know what i'd be telling him.


  • Registered Users, Registered Users 2 Posts: 4,576 ✭✭✭Robson99


    Tell him you got legal advice and that you are withdrawing your offer and tell he to feck off


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