This was a "handshake/friend" type of deal so my old mare could live out the rest of her delicate life in a wonderful place while bringing smiles to my friends little kids. So I didn't feel right asking anything in return, plus, this little foal was a surprise to us all. For sure wouldn’t want to ask them to pay for my stud horse paperwork. That’s kind of what I was referring to when I commented about expecting a stud fee. I guess what I should have said was I would have just appreciated an offer of some sort to help out, simply because I felt I was giving them a good deal. But I see now legally that is wrong so glad I didn't. This is also a little of where my "dealing with friends" comment came from. Sort of like going into business with family or friends, it usually doesn't work out too well sometimes LOL. Always have something in writing.
I’m not a horse trader nor do I breed and sell horses. But had I known my 19 year old mare was bred I would have never let her go to them until after it was born and we would have made arrangements for me to keep the foal. They know how much she and my now gelding meant to me. But tough luck for me, that is my loss.
The mare has now passed away unfortunately. Some of what I didn't disclose because I didn’t feel it was relevant to my original post. However, maybe I should have included it and asked, given my situation, would you offer your friend the foal? What I should have asked along with, did I handle the situation correctly from the very beginning is, do I even have any right to a claim him now. But I see now I’m basically grasping at a loss cause and my apologies for not simply stating this first off, but I didn't want to go into all the drama of the situation.
But since I’ve opened myself up to this I will continue on with the rest of the story. I didn’t include that I took the mare back when it was time for him to be weaned. She was then 20 and he was rearing up on her, being a colt and needing to be weaned. So in her best interest I offered to bring her back home for safe keeping. After all, they never rode her anymore. But I would have let them whenever they wanted to. But she later coliced and I took her to the vet. Her stomach was twisted where the only option was surgery and with her age and the fact that her chances of even surviving the surgery or even recovery, knowing she had lived a long, happy life I called my friend with the bad news and we reluctantly let her go. Given the fact she was my horse since she was 7 and that she was in my care when she coliced I took care of the $400 vet bill. In hind-sight, how were we to know what the future was to hold. We live and learn. I just try to treat others the way I would want to be treated. My initial forum comes now that he is almost 2 years old and they do nothing with him. Is it appropriate to even ask to have him back? I realize I would need to offer to purchase him and not expect they give him to me legally. I understand now that I don’t even have a reasonable argument in the situation. However, they tell me how much of a handful he is. I want to say, welcome to having horses! I’ve offered to take him and work with him but they like seeing him in their pasture and being able to feed and pet him. The perfect life I wanted for my old mare, yet here we are, she is gone and they have her yearling who needs attention they don't know how to give. But, I don’t want to continue to offer more to them unless ultimately I can end up with him now, so I’m not sure how to handle it but at least I know I handled it right from the start. I know it’s basically a lost cause at this point and something I need to move on from.
After reading all this I feel I did the right thing, and I'm lucky it didn't go bad in the fact they could have came after me for selling them a bred mare after initially only wanting a companion horse. They never would have wanted a foal but when it was with her in the stall that morning they couldn’t have been happier. My issue was first to be sure I handled my responsibilities correctly after it was born. (Hence my reason for even posting on here). My difficulty with it was the principal of the situation. Even with it being a friendly transaction of my old mare that I owned the majority of her life who was bred to my horse when I owned her and a young horse going to waste….Regardless, I realize now it is my loss.
Bottom line is, no matter if it’s a friend or a stranger and no matter how old or young, always write up an agreement and do a vet check, because you never know.
I would have never imagined she would ever foal. All is well now and there are no hard feelings except they have a handful and I just would like to see it be trained and made into something and they have no desire to do so. After all, he had a great mother, and his sire, the youngster I own that is now a young gelding is the best horse on our place. But, you all have helped me realize that I can't worry about something that is not mine to worry about. And they know if they ever sell him I have first dibbs. Basically I've realized that's all I can hope for.
Sorry for any confusion. My first time at posting in a forum and didn’t feel the need to go into unnecessary aspects when all I wanted to know is how to handle the situation of selling a mare while unknowingly being bred. After all, it’s an embarrassing situation as far as I’m concerned. But thanks everyone for your insight, it has helped me to know I’ve done all I can and just to let it go. Hopefully someone will learn from my mistakes, as I have.