What to do with “purebred” black angus heifers?

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Stone Post Ranch

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First let me say I appreciate all the knowledge and information I’ve gained from you all over the past couple years! Had I known some of what y’all know maybe I wouldn’t have been learning all this the hard way! In any case, here’s my dilemma:
We are in extreme drought in our part of southeast Oklahoma! No grass and no hay! Just prior to the rain stopping I sold three cows and bought two “purebred angus ‘replacement quality’ open” heifers. They are most certainly open! I bought them “sight unseen”, yes that’s dumb and when I unloaded them and got them next to my heifers the same age realized I had been taken!
I called the seller who immediately began to assure me he would make it right! I have gone back and forth with him and each time, prior to the last time, he assured me he was going to make it right! The last time he said, “I will call you tomorrow evening” and that has yet to happen.
The one heifer is not too bad size and looks wise but has 24-36 hour heat cycles but will not stand for breeding! And, she likes to go under or through fences!
The smaller one, is out of an ET heifer that apparently did a horrible job as a momma. She is tiny and frail and covered with warts. I know they will go away but in the meantime I call her Hogwart because she’s about the size of a big sow and has plenty of warts.
Both heifers have some mental issues that they didn’t get here and both were bought to AI and or breed to our Balancer bull to raise and sell custom processed beef!
Since the market has crashed I’m going to lose unless I can feed one or both out and sell per hanging hot weight. 3/1/21 and 5/7/21 are their birth dates. I’m not really interested in trying to keep the oldest one penned but do y’all think I can put some meat on the younger one and make decent beef out of her? If the older one cycles again in 19 days she is going to the sale barn.
Thanks for reading this letter and thanks again for all the information y’all have shared over the years.
By the way, when the seller says we don’t keep crazy infertile heifers on our place that probably means what he is selling you is just that! Buyer beware!
 

Son of Butch

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By the way, when the seller says we don’t keep crazy infertile heifers on our place that probably means what he is selling you is just that! Buyer beware!
Well they have to go somewhere.
Technically, he told you the truth saying they don't 'keep' them rather than saying we don't sell infertile heifers as breeding stock.
 

Lee VanRoss

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Dave may be right on this one. Do you have the time and resolve to go to court with this?
Paper documents will have priority along with eye witnesses if any and willing to become involved.
If I thought it worth going to court I would consider seeing my attorney before the fact with the details of the transaction.
A letter from him may have more of an effect than a call from you. Good Luck
 

greybeard

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"mental problems' can mean a lot of different things but are more common than most folks might think. Not necessarily crazy type problems but 'slow' short bus type problems
My experience is that they are more common in genetic caused dinks and calves pulled off momma too early or ones that suffered from a poor milk producing momma.
 

coachg

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I’d take them back , and he would make it right or I would do my best to let everyone know what type animals he was selling . Lesson learned: don’t buy w/o seeing them .
 

Warren Allison

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Don't know about your state, but in Ga, unless there is a written warranty or guarantee, all sales are " as is". If he gave you a verbal personal guarantee, well, a man is only as good as his word. I tell everyone that wants to buy a horse: "All sales are final..no returns. You can come ride him, get your trainer to, send your farrier over and a whole team of vets, if you wish. But, you pay me before you load it, and if it falls getting on the trailer and breaks its neck, you own a dead horse you have to get off of my property". I can not be responsible for anything I have no control over, and once he leaves my barn, any problems with the horse is 99% due to something the buyer did or didn't do.
I wouldn't waste time on a lawyer, either. Down here, personal injury lawyers and people who sue, are considered on the same level as child molestors and Democrats.
 

kenny thomas

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Don't know about your state, but in Ga, unless there is a written warranty or guarantee, all sales are " as is". If he gave you a verbal personal guarantee, well, a man is only as good as his word. I tell everyone that wants to buy a horse: "All sales are final..no returns. You can come ride him, get your trainer to, send your farrier over and a whole team of vets, if you wish. But, you pay me before you load it, and if it falls getting on the trailer and breaks its neck, you own a dead horse you have to get off of my property". I can not be responsible for anything I have no control over, and once he leaves my barn, any problems with the horse is 99% due to something the buyer did or didn't do.
I wouldn't waste time on a lawyer, either. Down here, personal injury lawyers and people who sue, are considered on the same level as child molestors and Democrats.
But you don't lie about the condition of the horse to get it sold do you,? This person seems to have been lied to.
And you and i could not trade as I would not pay for anything out on the farm until it's on my trailer. Maybe the horse has had a bad experience being hauled and will not load.
At the stockyard it's buyer beware and you know there could be issues but issues such as this person is describing would be easily seen.
 

Warren Allison

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But you don't lie about the condition of the horse to get it sold do you,? This person seems to have been lied to.
And you and i could not trade as I would not pay for anything out on the farm until it's on my trailer. Maybe the horse has had a bad experience being hauled and will not load.
At the stockyard it's buyer beware and you know there could be issues but issues such as this person is describing would be easily seen.
I wouldn;t sell a horse that would not load, because there won't ever be one in my possession. Had someone come to buy one about 42 years ago..or maybe 1981.... 41 years ago. They came with a ratty old trailer. They decided to buy the horse, and I lead it to the trailer and was gonna load it for them. Then we are going in the house to do the bill of sale. The horse got on and as soon as we shut the back gate, he fell through the floor up front. Just about skinned all the hide and meat off his 2 front legs. I got him off and was looking at the damage, and they said " So sorry about the horse. We got to be getting on, but call me when you get another one like him". Ever since then, you pay me before you load him.
 
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Travlr

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I wouldn;t sell a horse that would not load, because there won't ever be one in my possession. Had someone come to buy one about 42 years ago..or maybe 1981.... 41 years ago. They came with a ratty old trailer. They decided to buy the horse, and I lead it to the trailer and was gonna load it for them. Then we are going in the house to do the bill of sale. The horse got on and as soon as we shut the back gate, he fell through the floor up front. Just about skinned all the hide and meat off his 2 front legs. I got him off and was looking at the damage, and they said " So sorry about the horse. We got to be getting on, but call me when you get another one like him". Ever since then, you pay me before you load him.
That's good policy to insist on payment before loading. I had a guy come to buy something, agreed on a price, and he wanted to load it up... and something just didn't set right with me...

I told him he needed to pay me first and he made some excuses and wanted to load first. I insisted on payment. He got sulky and stalked out to his truck... and I saw the kid he was with (his son?) get out his wallet and hand the older man some bills... and then they spent time emptying the coin out of the ash tray and digging under the seat for coins.

I know if he'd loaded first he would have made some kind of excuse about not having enough cash and he'd have promised to get me the money later... but I'd have never seen him again.
 

livetoranch

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The best advice has already been given. Get rid of those heifers pronto and cut your losses. You basically admit your mistake by buying 'sight unseen'. Learn from your mistake. I remember one of my dad's many favorite sayings...."a smart man makes a mistake and learns from it and a fool makes the same mistake twice."
 
OP
Stone Post Ranch

Stone Post Ranch

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Thanks for all your responses. The seller was recommended to me by a man I had just met a couple weeks earlier and since then have gotten “look out for him with livestock dealings” responses from people I know well!
The offer to meet me halfway and walk them into my trailer was inviting but it’s really hard to judge looking through the sides of a trailer. He knew he was bringing culls because he reduced the price by 100.00 before I even questioned him.
When I got them home and on the place I immediately contacted him and he said, “don’t worry about it I will bring you two more and take those back”! Then with each call or text the stories changed. One long stretch of silence was blamed on breaking his phone…
At this time the small one will go on feed and be processed the end of November and if I can keep the larger one penned she will pay better hanging than in this drought depressed market. Thanks again and God bless America!
 

kenny thomas

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That's good policy to insist on payment before loading. I had a guy come to buy something, agreed on a price, and he wanted to load it up... and something just didn't set right with me...

I told him he needed to pay me first and he made some excuses and wanted to load first. I insisted on payment. He got sulky and stalked out to his truck... and I saw the kid he was with (his son?) get out his wallet and hand the older man some bills... and then they spent time emptying the coin out of the ash tray and digging under the seat for coins.

I know if he'd loaded first he would have made some kind of excuse about not having enough cash and he'd have promised to get me the money later... but I'd have never seen him again.
Your horse was fine until he was loaded and then the new owner was responsible. He would pay or else.
 

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