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Gave horse away for free, horse is being sold without my knowledge

This is a discussion on Gave horse away for free, horse is being sold without my knowledge within the Horse Law forums, part of the Horse Resources category
  • Laws on taking free horse
  • Horse sale contract buy-back agreement not

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    09-07-2012, 08:11 AM
  #21
Green Broke
Quote:
Originally Posted by Saddlebag    
Well then, if it ain't written down then was the horse given away or on loan? Free use of horse in exchange for care? I wonder how that would argue out in court/
I wonder how the court would take to lying?
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    09-08-2012, 12:57 PM
  #22
Banned
The only thing you can do is contact the owner and let her know you are interested in buying the horse back. Then you have to be prepared to pay whatever she is asking for it.
     
    09-08-2012, 07:02 PM
  #23
Showing
I'm serious. If there was no bill of sale or contract signed it could be argued the horse was only on loan as there is nothing concrete to prove otherwise. It's often referred to as a free lease. And many times those aren't signed either. Had the horse been sold for a mere dollar the sale would have been legal, if there's a receipt indicating such.
     
    09-08-2012, 07:41 PM
  #24
Green Broke
Quote:
Originally Posted by Saddlebag    
I'm serious. If there was no bill of sale or contract signed it could be argued the horse was only on loan as there is nothing concrete to prove otherwise. It's often referred to as a free lease. And many times those aren't signed either. Had the horse been sold for a mere dollar the sale would have been legal, if there's a receipt indicating such.
Except the OP has clearly stated that they "gave the horse away" - so to argue otherwise now would be dishonest and, imho, wrong. To see someone suggest doing just that is rather disappointing.
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    09-08-2012, 10:57 PM
  #25
Started
Very good point themacpak. I think that is the problem with a lot of what happens in this world is dishonesty but if the outcome is a benefit they don't necessarily see it as wrong. Very sad.

The op gave a horse away. You can not retain rights to something you gave away. The owner can do whatever s/he wants to do with the horse, sell it, keep it, take it to an auction. That person owns the horse and the op has no right to lay claim to it. So you pull yourself off by the bootstraps and learn your lesson for the next time.
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    09-09-2012, 03:22 PM
  #26
Started
You can contact the person who has the horse for sale and say you are interested in buying her back.Do not expect to get her back for free, do not even expect her to sell her to you if she doesn't want to, just like any other buyer/seller.
You gave her away. You did not sign anything with "first buy back" terms. No sense taking her to court, she will say she didn't agree to "first buy back" you will say you did say it. She might want to sell you the mare, but will charge you for her expenses I would bet.
Bottom line: you gave her away to this person freely and the horse is no longer yours or your business.
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    09-09-2012, 08:44 PM
  #27
Foal
I'm sorry, I know you feel bad, but you gave this mare away. She's no longer yours, theres nothing you can do about it. I know you miss her, but you can't do anything.
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    09-11-2012, 12:10 PM
  #28
Showing
This is a fine example of why things need to be in writing along with a bill of sale. $1.00 makes it legal but the amount doesn't have to be included, just "Payment received in Full." One cannot put conditions on a sale.
     
    09-11-2012, 12:51 PM
  #29
Showing
Quote:
Originally Posted by Saddlebag    
This is a fine example of why things need to be in writing along with a bill of sale. $1.00 makes it legal but the amount doesn't have to be included, just "Payment received in Full."
That's what JJ's previous owner did with me. We both signed 2 copies of the 'sales contract'. She got one and I got the other.

I offered to give her a dollar just to keep it all legal, but she said that wasn't necessary. She just wanted to make sure nobody could come back later and say the horse was stolen or other shenanigans.

Quote:
Originally Posted by Saddlebag    
One cannot put conditions on a sale.
You'd be surprised what some people THINK they can put into a legal sales contract. Rights of first refusal, visitations, staying in contact with new owner via e-mail, etc. I'd never agree to any such foolishness.
     
    09-12-2012, 04:42 PM
  #30
Weanling
This stinks. Sorry to hear this. :/
     

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