First right of refusal - Page 3

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First right of refusal

This is a discussion on First right of refusal within the Horse Law forums, part of the Horse Resources category
  • Equine sell first right of refusal
  • Right of refusal sold horse

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    11-11-2011, 03:07 PM
Originally Posted by starlinestables    
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.REEMENT, THE BUYER AGREES TO OFFER THE ORIGINAL SELLER, my name, THE FIRST RIGHT OF REFUSAL AT FAIR MARKET VALUE.

I contacted her..

I replied saying

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?

I just sent her a longer apology email trying to guess how I offended her

What do you think my odds are?
You refused to buy the horse back.

Now you are harassing the seller?

The odds are good you will get a cease and desist order!
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    11-11-2011, 04:27 PM
Originally Posted by iridehorses    
The "strange" email telling her not to contact them again seems off and makes no sense from someone who wants to sell a pony - there seems to be something missing to make a seller react that way. It could be that the OP threatened to use the "contract" if they didn't sell her the pony back. I don't know ... there is more to this situation that we don't know.
Or maybe the person has read some of the things the OP has posted on the internet about her boarders and barn and really does not want to deal with that.
mls and NdAppy like this.
    11-11-2011, 05:32 PM
If this was me, I'd just ask someone else to buy the pony for me. Done deal.

When I sold my gelding, I did not ask for buybacks/first right of refusal/whatever. I did, however, ask the buyers to give me a heads up if he was ever sold so I could keep tabs on him. I don't need names or locations, but a quick update is always appreciated: "Hey! We decided to sell Levee and he is on his way to a brand new home as a gaming pony for a really sweet little girl."
    11-12-2011, 03:15 AM
I have to agree....there is a chunk of this story missing. It doesn't make any sense.

I am surprised that anyone would buy a horse from you at all. I'd laugh in your face if you tried to sell me a horse at a fair price and then turned around and asked me to sign a contract about what YOUR rights to the horse still are. That is ridiculous in my opinion.
    11-12-2011, 03:39 AM
Agreed Sandy, it's a wonder that she was able to sell the horse with the parts B and C of the contract.
    11-12-2011, 05:02 AM
I agree, once you sold the horse and money exchanged hands you have no claim to that horse.
    11-12-2011, 07:02 AM
Just imagine buying a horse for a decent price, putting a year of training, feed, conditioning, etc. into her, then, after deciding to sell her, be obligated to offer her back to the original owner for the same money; and being threaten with a contract clause if you don't. Not going to happen.
sandy2u1 and Speed Racer like this.
    11-12-2011, 08:20 AM
Iride-the contract did say something to the effect of "current market value"....which is pretty much a price open to debate. I am sure I think my horses are worth more than most buyers might......
mls and WickedNag like this.
    11-12-2011, 08:28 AM
Not during the first year:
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.

    11-12-2011, 09:54 AM
I highly doubt the OP would agree to her own terms of sale if the tables were turned and she were the buyer. No way would she hunt the original seller down and give the horse back for the same price. Nor should she... because the idea is ridiculous.
There is nothing wrong with asking for first refusal if the horse will be sold in the future, but that is a courtesy, not a right.
WickedNag likes this.

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