I sold a heifer in a mart and was contacted by the mart four months later to say that the heifer turned up in calf and the buyer of the heifer was looking for compensation. I contacted the buyer of the heifer, who told me that she was seven months in calf. I told him that I would buy her back but he told me that he was restricted so could not sell me back the heifer and consequently wanted compensation for the feeding costs. What are my rights?

This is a common occurrence in farming situations, equally where an animal is sold in calf but turns up not to be in calf. Each party’s respective rights depends ultimately on the facts of the case and who is able to prove what.

You should establish whether the mart sold the heifer on spec (ie may or may not be in calf) or whether she was sold as not being in calf. Generally the mart will not give any warranties as to whether the animal is or is not in calf so the buyer will bear the risk where the animal ultimately turns out to be in calf. That being said, there are occasions where the seller asks the mart auctioneer to sell the animal on the basis that the animal was scanned not in calf, so if you did sell the animal on this basis, it will be up to you to prove that the heifer was not in calf when you sold her.

Scan certificate

The main way of proving that the animal was not in calf is by being able to produce a scan certificate from your vet/scanner. Even if you do have this scan certificate, it does not definitely resolve the issue. I understand that if an animal is scanned within 30 days of going in calf, the calf might not show up on the scan. Consequently the timing of events is vital.

If the animal is now five months in calf, it could well have been in calf when you sold her. However, the buyer has said that it was seven months in calf, so if you did scan her before selling, it should have shown up in the scan that she was in calf, as she should have been three months in calf when sold.

You should ask the buyer of the heifer to scan the animal to prove definitively how many months she is currently in calf, if he has not already done so. He should provide you with a scan certificate quoting the heifer’s tag number and certifying how many months she is in calf. If the scan shows that the heifer is seven months in calf, then this should have shown up on the scan before you sold her, assuming you scanned her shortly before selling her. If this is the case, you should go back to your vet/scanner to inquire why it did not show up and to rule out the possibility that the vet/scanner was at fault.

DNA test

If the heifer calves down before you have been furnished with a scan certificate, it would be advisable to get a DNA test done on the heifer and calf to ensure that the heifer is the mother. I understand that this costs in the region of €70 and proves that the heifer was in calf if a scan certificate has not been furnished.

If the buyer can prove that the animal was in calf when it was sold and you had sold the animal on the basis that it was not in calf, he may be entitled to compensation. The level of compensation can vary depending on items such as at what stage the animal was in calf when sold and the time of year, etc. For example, if a heifer was only in calf a month and was finished quickly over a period of three to four months, the fact she was in calf will have little or no bearing on the finishing and, consequently, the level of compensation will be minimal.

Additionally, the compensation maybe greater if the heifer needs a caesarean section on calving. The cost of keeping the animal, however, will be dependent on the time of year and the buyer’s system. The buyer of the animal should be able to vouch for expenses. Taking legal action in such a scenario can be costly and time-consuming so you should try, if at all possible, to resolve the matter directly with the buyer.