Alberta Livestock Listings: Guidelines

 
 
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Fraud Alert: Be aware that you may be contacted by fraud artists posing as buyers who issue you overpayments with cheques, money orders, or certified cheques. Before completing transactions or issuing refunds for overpayments, have your bank verify that the cheques or money orders you have received are valid. Visit the Phonebusters websites for more information.

More than just caveat emptor - the seller should beware too!

Most of the individuals that you may do business with are honest and trustworthy but only you can protect yourself from those who are not. Fraud by telephone and internet is a serious problem. Visit these web sites to find out more about the most common types of fraud that occur on the internet. Protect yourself by learing to recognize fraud. These sites provide useful information RCMP - Telemarketing Fraud and Online Auction Fraud and phonebusters.

Complaints can be filed on-line or by calling toll-free 888-495-8501. This service is administered by the National White Collar Crime Centre of Canada and is supported by the Royal Canadian Mounted Police.

If You Are Selling

Be clear on who you are selling to

  • are they another farmer or are they a broker?
  • if you are selling directly to another farmer then will they be hauling the livestock themselves or will this be done by a third party?
  • where will the livestock be delivered to? What is the amount of time the animals will be in transport? Any special handling requirements or costs associated with transport - who covers the additional costs?
Do not make assumptions - ask questions and make sure that you have the information you need.

Reduce the risk of non-payment
  • get part payment in advance before the livestock are loaded out of your yard. This should happen when the buyer comes to inspect the livestock and the agreement to purchase is made.
  • do not ship the additional load before the first one is paid for
Have everything in writing
  • detailed product description - number of animals, age, breed, sex, weight, body condition, brand inspection, pregnant/non pregnant, individual ID (CCIA tags), etc.
  • purchaser's name, full mailing address & phone numbers
  • the specific address that the livestock are to be delivered to (legal land description)
  • the payment amount
  • terms of payment - paid in advance, cash on delivery
Under the Alberta Sale of Goods Act all contracts for goods sold over $50.00 must be in writing.

Be prepared!
  • have a detailed livestock manifest completed with brands identified and send the completed invoice with the trucker
  • have the purchaser sign for each load (confirmation of delivery)
  • have the trucker bring back the payment (or the balance of the payment) for each load delivered
Do not wait
If a payment is not made on time contact the buyer immediately to get it resolved. At the same time stop any further shipments to the buyer.

If necessary you can take legal action to recover the outstanding payment. Please note that the maximum amount that you can pursue through small claims court in Alberta is $25,000. To recover an amount greater than this you will need to hire a lawyer and go through the Court of Queen's Bench.

If You Are Buying

Be clear on who you are buying from
  • are they another farmer or are they a broker?
  • if trucking is included will they be delivering the livestock themselves? Is the shipping rate fair and reasonable?
Know what you are buying
  • make the trip to visually appraise the livestock and ensure that they are in good condition
  • make it clear to the seller that any load which is of a lesser quality than that which you agreed to purchase will be returned to them at their expense
  • be prepared to make a down payment at this time but do not put more than 50% down
  • confirm animal identification by video recording of livestock being purchased
The agreement to purchase must be in writing
  • detailed livestock description (breed, sex, age, weight)
  • seller's name, full mailing address & phone numbers
  • your name, full mailing address & phone numbers
  • the specific address that the livestock are to be delivered to (legal land description)
  • the payment amount
  • terms of payment - e.g. part in advance with balance on delivery
  • Under the Alberta Sale of Goods Act all contracts for goods sold over $50.00 must be in writing.
Do not wait
If you have put a down payment on your purchase but do not receive the livestock within the agreed upon timeframe then contact the seller immediately to get it resolved. If you are unable to resolve the problem you will need to put a stop payment on any other cheques to the seller so that you can limit your risk.

If necessary you can take legal action to recover the outstanding payment. Please note that the maximum amount that you can pursue through small claims court in Alberta is $25,000. To recover an amount greater than this you will need to hire a lawyer and go through the Court of Queen's Bench.
 
 
 
 
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For more information about the content of this document, contact Brenda McLellan.
This information published to the web on September 26, 2003.
Last Reviewed/Revised on January 18, 2016.