If I purchased 3 alpacas from a farm but lost my job and have not paid for several months, can theytake both my partial paymentand the animals?

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If I purchased 3 alpacas from a farm but lost my job and have not paid for several months, can theytake both my partial paymentand the animals?

They said they would work with me and take interest payments but never requested any money. Can they come on my property and take them? 2 had babies and they said those are theirs too. I have paid $2500 so far and they should not be able to take them and my money.

Asked on November 8, 2011 under Business Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. The first thing that you need to do is carefully read your written purchase agreement for the three (3) alpacas in that its terms and conditions control what obligations are owed you by the seller and vice versa in the absence of conflicting state law. Read carefully to see if the sellers have the right to repossess the animals.

I suggest that you enter into a written installment agreement for the animals with the seller. From what you have written, the sellers want to work with you and seem willing to take installment payments. I do not believe that the sellers can take back the animals against your wishes. Their recourse would be to bring an action in court against you for the balance owed.


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