Q: I bought some cattle over the phone from a cattle dealer in NY State. He told me they weigh an average of 1250 Lbs.
When they got here I weighed them and they averaged 915 lbs. I had paid him before he sent them to me. What can I do to make him take them back or refund money to me ?
A:
In your situation, where the cattle delivered from New York State weigh significantly less than what was represented by the seller, you have a few potential options to pursue. The discrepancy in weight can be a valid basis for a claim, especially if you have evidence of the seller's original representation about the cattle's weight.
Firstly, you should contact the seller directly to address the discrepancy. Clearly communicate the issue, providing evidence of the actual weight of the cattle compared to what was promised. Request either a partial refund to account for the difference or the return of the cattle for a full refund.
If the seller is unresponsive or unwilling to resolve the issue, you may need to consider legal action. This could involve a claim for breach of contract or misrepresentation, depending on the specifics of your agreement and the representations made by the seller.
Given the interstate nature of the transaction, there are complexities related to jurisdiction and applicable laws. It would be advisable to consult with an attorney to understand your rights and the best course of action. An attorney can help you navigate the legal process, represent your interests, and work towards a resolution, whether through negotiation, mediation, or litigation.
It's important to act promptly, as there may be time limitations for filing a claim. Document all communications with the seller and any evidence related to the cattle's weight and the terms of your agreement. This documentation will be crucial in any legal proceedings.
Remember, your rights as a buyer should be protected, and taking the appropriate steps can help ensure a fair resolution to this issue.
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