I'll try to keep this short.
I sold a hunter/jumper pony July 8, 2010. 6 weeks later the daughter decided she didn't want to do english anymore and was losing interest in her and asked if I wanted to buy her back. At the time, I just bought a house and didn't have the cash laying around anymore. I usually wait a month before using the money just in case even though its not in my contract but again this was 6 weeks after the sale. I did list her for sale on my website, referred buyers her way, offered to come get her and help sell her if she paid for food and care while for sale. Never really heard from her after that.
My sale contract states:
A. The buyer agrees to pay the seller $$$$ cash upon delivery of said horse.
B. If the buyer chooses to sell the horse with in a year of signing this agreement, the buyer agrees to offer the original seller, my name, the first right of refusal to purchase the horse under this same agreement for the same purchase price regardless of value.
C. IF THE BUYER CHOOSES TO SELL THE HORSE BEYOND A YEAR OF SIGNING THIS AGREEMENT, THE BUYER AGREES TO OFFER THE ORIGINAL SELLER, my name, THE FIRST RIGHT OF REFUSAL AT FAIR MARKET VALUE.
Fast forward to now, I have a few students looking for ponies and so I was browsing craigslist and happened to find my old pony for sale by the same owner. Of course I jumped at the chance.. I loved this pony! I contacted her.. She said that they may delay selling the pony until blah blah blah but said that she had an old broke appy gelding for sell if I was interested. I replied saying I hope she would reconsider.. explained why and told her a little about my prospective buyers and why the appy gelding wasn't what we were looking for (nicely). I also said that if my students weren't interested then I would most likely buy her back to use in our rapidly growing lesson program. Overall a very nice and pleasant email. She responded with "Don't ever email me or call me again". I sent her another email apologizing if I offended her and asked her how? No response. I just sent her a longer apology email trying to guess how I offended her and offering apologies and explanations for each possible scenario on how I might have offended her. The last thing I wanted to do was offend her in anyway and make sure we have good business dealings.
I have to admit I am kind of peeved. I really care that my horses are placed in good homes. I am hoping it all works out but I'm thinking about pushing the issue. According the the wording in point c, its been a year and I could still require first right of refusal. I know it may be a stretch if I took it to small claims. What do you think my odds are?