Legal Question in Business Law in Maryland

Rights of breeder to refuse sale of livestock

Background: Livestock available for sale is posted in a public forum (livestock association chat group) by a private breeder (farmer) and one of the people responding that wants to buy some of the livestock, by their own admission, has diseased livestock on their farm. Can the seller legally refuse to sell animals to that individual? Should the seller have a legal written disclaimer giving the seller the right to refuse sale to people deemed by the seller to be unfit to care for the livestock properly? What rights do the sellers have to protect thier quality livestock from being sold into bad situations?


Asked on 11/19/07, 6:18 pm

2 Answers from Attorneys
Robert Sher Wagshal and Sher

Re: Rights of breeder to refuse sale of livestock

Generally the advertising of merchadise is not considered an offer to sell. The prospective buyer initiates the transaction by offering to buy, and if the seller is willing to sell, the transaction is complete and binding. If the seller rejects the offer to purchase, there is no contract. So unless this particular association has other rules, the seller in your scenario has the final say in the transaction.

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Answered on 11/26/07, 2:36 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Rights of breeder to refuse sale of livestock

The particular disease is not mentioned nor is the effect on the saleability of the assumed beef. An offer for sale can create a contract once accepted but the legal effect of the acceptance depends upon the offer. Please provide detail as to the offer for sale. Conditioning of an offer is an option to alleviate this moving forward but certain language may reduce bids for acceptance of the contract. Contact me should you need to discuss.

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Answered on 11/20/07, 11:08 pm


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