mart sold , subject to approval

Thegrim

hi
this is my first post here ,im in a bit of a stickey place really .
i moved cattle (well i paid a cattledealer)to move my cattle to the mart ,he arrived dropped them off he met with the mart manager and said not to be sold subject to approval . manager agreed and done the paperwork . i thought id be there for the sale ,but it was not to be i contacted the man that moved cows and i explained that i could not make it , he said not to worry as there on subject to approval and he would ring me later on .
later on came and he rung with shocking poor prices ,so we aggreed that he would pick them up and return them to another mart or back to home farm again .. no problems
next he rung saying that the mart manager wanted to deal outside of the mart ?so i said no as something is wrong here they were in the ring and should have sold there for a fair price so i declined his offer .. the cattledealer agreed .
2 hours later the mart manager rings me directly saying that 2 of the 12 have been sold and are allready moved from the mart .. a whitehead for 200€ and a simintal for €425 both over 300kg ...and 11monts old . and he goes to say that they were not great cattle and it was fair money . i said NO its not they could be up on 400€ with there weight anyway i told him to have the cattle ready tomorrow morning or have a cheque for the correct amount .. he told me not his problem and the money they sold for is it tough!!
so here are my questions
1. as the cattle are moved all ready should i hold tough for the correct amount ?
2. should i call the guards ?as its only my word against his ? and they should not have been sold
3. if he manages to get the calfs back sould i accept them as there is now a 3rd name on the card ?
4 what are my rights ???
anyone help please ????

IH784man

Were they sold as a conditional sale in the ring or outside by the cattle dealer after they were showed?

Thegrim

hi IH784man thank you for your fast reply
They were i.e the 2 helifers sold in the ring subject, but the manager said that it was his mistake .. where do u think i stand ? what would you do ?
no the cattle dealer was just as annoyed . and said it was messing ,see he has a neighbouring farm and i don't believe hes anyway involved

Kovu

1. When was the sale? It depends on when the sale closes in the mart (when the CMMS is sent) as to if the animals are moved from your herd or not. Right now they could be in limbo which is the temporary holding number a mart has.

2. Not really going to help in this situation. I would call down to the mart office and ask to see the sales sheets, see if they were sold SOS (Subject sale privy to owners consent)
This would be written by the clerk next to the auctioneer right above the buyers name/at the sellers name. However the manager might have written on the sheets to sell away w/o the owner as I'm a little unclear on your meaning above.

3. I doubt many buyers are that quick with the details, also see above re possible limbo status of cattle.

It's a sticky one really as sometimes mart managers have to make a decision on these sort of sales. You could have a man who has bought 20 animals and wants to get out of the yard before the rush begins at the end of the sale but he can't load up because of the SOS sale one. In cases like this the office staff are usually blaring out the name of the owner over the tannoy/calling the haulier to try and get a yes or no on the sales.

Just to be clear, you told the manager to not sell them subject?As in they were to be sold regardless? It sounds like wires were crossed and your haulier didn't know you'd spoken to the manager about selling on the book so to speak.

Thegrim

ill try to clarify
the sale was conditional , not to sell until the owner approves (me) . the cattle dealer was very clear with the manager and spoke with him directly saying as above . when they went true the ring the cattle dealer got the call first and then he rung me ,we agreed that prices were far too small and i/we would decline the offers , it was two hours later when i got the call ,from the mart manager that they have been sold , paid and carried all ready ...
then he went on to say that the other cattle could i do a deal with these .?

Kovu

And did either of you clarify with the office staff/manager that the sales were not being taken?

Thegrim

hi kovu ,thanks for your input
yes both spoke with the office and manager and told them no sale on all of the cattle as prices were too low .
it was today's mart

Bullocks

Something isn't right at all with those prices. Do you know who supposedly bought them ?
What did the dealer think and will he speak to the mart manager with you ?

Thegrim

i know sure , it goes on a cherile bull 11m old 390kg €620 .. tbh i couldn't buy a calf for that money , its not about making money its more enjoyment /hobby but really !!! if he was lame and had one eye id say well sure but i had them from sucks and there like family getting nuts /haylage because it was warmer in there bellys etc etc .. im not saying my calfs were the best but there was nothing wrong with them ...

Kovu

Thegrim wrote: »

hi kovu ,thanks for your input
yes both spoke with the office and manager and told them no sale on all of the cattle as prices were too low .
it was today's mart

Sale won't be gone through until tomorrow evening at the earliest so. I suggest going in to the mart tomorrow and speaking to the manager face to face, ask to see the sheets, see who bought them and if they were marked as SOS/SUB sales. That's the important part, any sale that is subject to clearance by the owner should not be allowed to fully clear and be allowed out of the yard.
Unless they had no way of getting in contact with you and there was a delay in time between you getting the prices and throwing up the sales of your stock. And they could contact you through the dealer so I can't see why that should happen.
Your dealer wouldn't be pulling a fast one on you and trying to get a couple of cheap ones for himself?

Either way, go in, demand your animals. Kick up a fuss and you'll be fine. You won't be flavour of the month in the office but you'll either get them back or they'll work out a median price etc.

Thegrim

yes we will both be there in the morning first thing , but where do i stand from a legal point ? do i have the right to demand the correct money ? he (mart manager)admits its his fault thats a given . should i accept the calfs back? as the blue card will now have a 3rd name on it ?

Kovu

For a start nobody knows the 'correct' money. A sale is a sale, it's volatile on the day. A third party could give an estimate if it came to that.
There will not be a third name on the cards, the sale will not have closed by tomorrow and the animals will not have moved into another herd via the CMMS.
If the mart manager admits it's his fault, it's up to him to fix the problem. Either by getting the animals back to you or settling at a price you both agree on.

Pat Mustard

Threads merged

Bullocks

How did you get on OP ?