Can someone sell my horse on a verbal loan contract?
 
 

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Can someone sell my horse on a verbal loan contract?

This is a discussion on Can someone sell my horse on a verbal loan contract? within the Horse Law forums, part of the Horse Resources category
  • What paperwork do i need to sell a horse
  • Verbal laon agremment

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    02-27-2013, 03:05 PM
  #1
Foal
Can someone sell my horse on a verbal loan contract?

I had a horse in training at a farm and was approached by someone who wanted to ride her a few times a week. After a few weeks of the person riding her they asked if they could loan her from me, because they could not afford to buy a horse. I had her in training so that I could in turn sell her, but after seeing how much they loved my horse I felt that it would be a nice gesture to help this person out (since I wasn't in need of the money) and let them loan her from me (they had health issues, were depressed, and guilt tripped me by saying my horse was the only thing that made them get out of their house). So the person and I had a verbal contract stating I still owned the horse, but they could loan her from, care for her as if she was theirs, and if they ever wanted to purchase her from me they could buy her papers from me.

I was approached a couple days ago by the person who is loaning my horse and they informed me that they are selling my horse (without her papers) for $10,000 and unless I pay them $10,000 they are going through with the sale.

I still own all paperwork on this mare (she is a Dutch Warmblood) and I am wondering if I have the legal right to go to the farm and pick her up?
     
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    02-27-2013, 03:11 PM
  #2
Trained
A person can sell anything in their possession. Whether or not its legal is another issue.

Technically you should be able to go pick her up and I think you should. However you don't have proof that you didn't give the horse away so be prepared to fight. Sounds like they believe the horse is theirs.
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    02-27-2013, 03:12 PM
  #3
Showing
The person who's threatening to sell her has no proof of ownership, correct? You have a bill of sale and her registration paperwork? If so, go get your horse.

This person is just trying to extort money from you, which is a felony. No way is anyone going to pay $10,000 for a grade horse, anyway. Once you get your horse, file charges against them for felony extortion.

NEVER, EVER let someone have anything of yours without a written, witnessed contract! Why do people keep getting caught with their pants down when it comes to this kind of thing?
     
    02-27-2013, 03:13 PM
  #4
Trained
Yes you do. Call the police and go get your horse.
This person is blackmailing you. You still have the horse in your name and they have no proof of ownership. Shalom
     
    02-27-2013, 03:28 PM
  #5
Foal
Yes, I own all of her paperwork and have an original bill of sale on her. There was never a bill of sale for the person who is leasing her from me. Is there anyway for them to say they own her if I have all her paperwork?

It was definitely my bad for not creating a written contract! I feel like this just shouldn't happen!
     
    02-27-2013, 03:29 PM
  #6
Foal
Also, did anyone at this farm know about the arrangement? If so, Id inform them that you may need their support.
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    02-27-2013, 03:32 PM
  #7
Showing
No it's not their horse. You have the paperwork.. and even if you didn't I'm pretty sure since she has papers, they are in your name... right?
     
    02-27-2013, 03:33 PM
  #8
Trained
Quote:
Originally Posted by dbarabians    
Yes you do. Call the police and go get your horse.
This person is blackmailing you. You still have the horse in your name and they have no proof of ownership. Shalom
I agree. Call the police/sheriff and have them go with you to pick up your horse.
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    02-27-2013, 03:35 PM
  #9
Foal
Yes, from my understanding the owner of the farm knows we loaned her to them. There was never a bill of sale or transfer of ownership.

Also, I don't understand why they contacted me. If they thought it was their horse why did they contact me to tell me they were going to sell her and that if I wanted her back I would have to pay..? Makes no sense to me. If they "owned" her they wouldn't have contacted me.. they would have just sold her.
     
    02-27-2013, 03:36 PM
  #10
Showing
Quote:
Originally Posted by Kray012    
Yes, I own all of her paperwork and have an original bill of sale on her. There was never a bill of sale for the person who is leasing her from me. Is there anyway for them to say they own her if I have all her paperwork?

It was definitely my bad for not creating a written contract! I feel like this just shouldn't happen!
They can *say* all they want. Doesn't make it true or mean it'll stand up in court.
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