Is there any johnes warranty on cows bought from market or private treaty?

[Manney]

I've found myself in an interesting situation.

Sold 18 in calf cows at the beginning of March via private treaty through a auctioneer. Cows all due end April and all johnes test results I have for the cows had been negative.

Had a call yesterday that one of the cows I sold has tested positive to johnes and has lost condition. The chap I sold the cows to is a farmer and a bit of a dealer so the cow in question is no longer with the man I sold it to.
They want to claim warranty on it and are looking for some money back.

All data I have here shows my test results as negative and dam test results as negative.

To be honest this has really pee'd me off and I don't think they have a leg to stand on. What would you lot do?

 

[In the pit]

Stress of being moved has brought it on I assume
Nothing you can do as having regularly tested them and being all negative one suddenly goes down
Problem you have is if you don’t make it right your name will be shite if you want to sell more cows and if you make it right your name will still be shite because you sold a cow with johnes even though you didn’t know ,,so a know win situation

 

[Beef farmer]

If I could make a claim on all cows that come back high after being sold and negative, I'd have some cash kicking about.

 

[Cow1]

If you have the paper evidence showing you have done all testing and the results are negative then you have done all you could and sold in good faith.

It's different if you are aware of it and sell it before any physical signs show. I would hope most farmers wouldn't do that to a fellow farmer.

If you sold a cow and it was tested TB clear and subsequently became a reactor on a new farm would you be expected to compensate then?

 

[bigw]

Not sure how they can claim a warranty on it or why you should be expected to give out compensation.

 

[davidroberts30]

I've found myself in an interesting situation.

Sold 18 in calf cows at the beginning of March via private treaty through a auctioneer. Cows all due end April and all johnes test results I have for the cows had been negative.

Had a call yesterday that one of the cows I sold has tested positive to johnes and has lost condition. The chap I sold the cows to is a farmer and a bit of a dealer so the cow in question is no longer with the man I sold it to.
They want to claim warranty on it and are looking for some money back.

All data I have here shows my test results as negative and dam test results as negative.

To be honest this has really pee'd me off and I don't think they have a leg to stand on. What would you lot do?

4 months? anytime ive had issues buying stuff from auction they want to know about it within a week or its buyer beware

 

[Manney]

It must have been TB tested since calving end April and then being sold on. Shouldn't do a johnes blood test with 70 days of a tb test as it can give false positive.

The whole thing is a bit of a joke really. Took the phone call about it whilst driving to hospital to pick up my newborn so its poor timing and has particularly niggled me.

 

[bobk]

It must have been TB tested since calving end April and then being sold on. Shouldn't do a johnes blood test with 70 days of a tb test as it can give false positive.

The whole thing is a bit of a joke really. Took the phone call about it whilst driving to hospital to pick up my newborn so its poor timing and has particularly niggled me.

As said 4 months is too late , doubt the auctioneers will be interested

 

[Agri Spec Solicitor]

Stage1. What does the contract say about Johnes?

 

[Jdunn55]

It must have been TB tested since calving end April and then being sold on. Shouldn't do a johnes blood test with 70 days of a tb test as it can give false positive.

The whole thing is a bit of a joke really. Took the phone call about it whilst driving to hospital to pick up my newborn so its poor timing and has particularly niggled me.

Go and enjoy your time with your newborn, and congratulations!

Give me the number of the man asking for warranty and I'll deal with it for you if you'd like

Honestly they are taking the pee. There is absolutely NO warranty with johnes because of the nature of the disease. You can have cows tested hundreds of times negative and then years later her daughter will be positive

 

[upnortheast]

You sold 18 & one queried. Plenty of evidence the Johnes test can be a bit random, was it blood or sh!t ?
Although you have the paper trail of negative results to show I would be inclined to make a modest offer to settle the issue. or offer to take the heifer back

Might encourage your man to come back for another 18 £££££

 

[frederick]

If any claims were to be made it should be through the auctioneer.

This chap is trying a fast one.

Technically it's not possible to sell a Johnes clear cow only a cow that has tested negative to date. That is the warranty you offered and that is the warranty that still stands.

Only leg they would have for a claim is when the nmr records were transferred that there was a high Johnes score in the past on your farm that you didn't declare.

Enjoy the little one and concentrate on the things that matters as you end up sleep deprived. Me I would send him a bugger off text. More sensitive souls than me might choose to just ignore him.

 

[Jdunn55]

You sold 18 & one queried. Plenty of evidence the Johnes test can be a bit random, was it blood or sh!t ?
Although you have the paper trail of negative results to show I would be inclined to make a modest offer to settle the issue. or offer to take the heifer back

Might encourage your man to come back for another 18 £££££

I wouldn't ever willingly sell him cattle again tbh, if hes a cattle dealer he knows full well there's no warranty against johnes. Should you sell him more he will likely find fault with them too

 

[deleted user 837354]

If you tested those animals yourself and evidence to prove it, you've surely done your bit and sold them in good faith?

The fact the cow is no longer with the person you sold it to rings alarm bells for me. My friend sells quality cows from time to time and whilst he certainly does not give them away cheap he does make the point of telling the buyer that should any issues arise he would have the animal(s) right back and milk them himself. But in this scenario, I'd very doubt he would agree to that deal since they have in effect been sold on likely for profit a second time.

The bloke is thus not playing a straight game in my view and I'd be highly circumspect of ever dealing with him again. You may need to remind your auctioneer of this fact in future transactions.

Congratulations on your newborn BTW.

 

[Kiss]

cow this spring 4th calver at least 9 negative tests and dam negative, slight rise this first test of year she was gone within 3 weeks of that with clincal

anything we remotely think has it never gets sold for further use, I don't see how you can stand over the results other than at face value

I'd also make sure it IS your cow,

best wishes with the new calf, I'd tell her she needs to be a few weeks earlier to fit in the block better with the next

 

[tepapa]

We don't know how the dealer sold them on. Maybe they've been sold on as johnes free so when the cow went down it's come back on him, so he's come after you, where as you've sold them as testing negative not necessary free of johnes.

 

[bobk]

Where there's a hook , there's a crook

 

[Mad For Muck]

I’d be telling them to go f**k themselves they’re taking the pee. If the man you sold them to has sold them on that’s between those 2 -,not your problem. If the dealer/guy who bought them at auction wants something doing he needs to be speaking to auctioneer, you have paperwork showing it tested negative so can’t see why you would even consider compensating them. I get the comments about your name would be shite if you don’t do something about it & want to sell more cows in the future but if you did compensate them you could open yourself up to others taking the pee in the future

 

[box]

What would you lot do?

Nothing.

 

[borderterribles]

Dairies sold through Market Drayton have 35 days Johnes warranty. Presumably long enough for one move to trigger it. I don't know how they would treat a further move.