Horse sold without a contract- and now person who bought her threatens to sue
 
 

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Horse sold without a contract- and now person who bought her threatens to sue

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  • Selling a horse what am i liable for
  • how to ride a horse that has not been ridden in 2 years?

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    05-03-2012, 08:18 AM
  #1
Foal
Horse sold without a contract- and now person who bought her threatens to sue

I sold a registered qh mare over a month ago to a lady without a contract. She came out and looked at the mare- I disclosed everything that I knew about the mare- I had bought this mare in October of 2011 specifically for a broodmare (she had not been ridden in over 2 years) but was told she was broke and had been a great riding horse by a former owner so I started riding her. My main riding horse then came up with an abscess so I really started putting a lot of time into this mare. I trail rode her and used her for sorting (which she obviously had done before). The only issue I ever had with her was on the second ride I put on her she did buck but after that she was fine. I found out I was pregnant and decided that I should cut back on horses and wasn't going to breed this mare- plus she was coming along awesome so I thought she would have an awesome future as someones riding horse. I told the lady who bought her about this and everything else I knew about the mare. I told her she should have at least an intermediate rider because she only had about a month refresher course on her and she said she understood. When she came out she only rode her for a little bit in the indoor arena even though she could have taken her out if she wanted. She came out again a week later with some "horse" friends and they looked at her and the lady bought her. Now, over a month later the lady who bought her calls me and says that this mare bucked her off for no reason and she broke her wrist and wants to sell her and asked if I would like to buy her back. I really liked this mare but unfortunetally I am due in 2 1/2 months and don't have the money or the time to buy her back and I told her this. She said she was just letting me know and thanks. Now the other day her "horse" friend calls me and starts threatening to sue me if I don't take the horse back- says she can because there was no contract. I am not a dealer and have only ever sold a couple of horses so I did not even think of a contract. I disclosed everything I knew on this mare and was very honest. I have no idea why she bucked this lady off and I never had problems with her- I even rode her 3 months pregnant. I am just wondering if this lady has a case?? I have many people who have seen me ride this mare and have ridden her also and will vouch for me. The lady who bought her was really nice about it- it is her friend that keeps threatening to sue me.
     
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    05-03-2012, 08:26 AM
  #2
Banned
No, I don't think she has a case.

And the friend sounds like she's a straw short of a bale.

Stop answering the phone when the friend calls.

It's unfortunate that the horse no longer suits her; but if you disclosed everything you knew, their was no intent to defraud. It is just horses acting like horses.

I think this lady's recourse is to send it for some professional training or sell it, or both, in that order.

This is not to say she can't sue you, she can. Which will be a nuisance and a pain for you. I just don't think she'll prevail. A friend of mine was in a similiar situation. Nice horse, needed an intermediate rider, that was fully disclosed, ample opportunities for buyer to try the horse, buyer got the horse home, didn't keep it in work, gets bucked off when it's fresh, wants the seller to take the horse back, threatens to sue. Friend did have to hire a lawyer to respond for her; and it was eventually dropped.

Stop talking to them and maybe they'll come to their senses. Good luck!
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    05-03-2012, 08:31 AM
  #3
Started
I'd sue the "friend" for harassment.
     
    05-03-2012, 08:33 AM
  #4
Showing
Welcome to the forum.

Sorry you have to go through this, especially at this time in your pregnancy. I'll preface this by saying that I am not an attorney so this is just an opinion.

I don't believe she has a case. You verbally informed her of everything you knew about the horse, she certainly had a option to do a PPE, and she rode the horse under the conditions that she preferred. She has had the horse for a month under stable and riding conditions that were out of your control. You have no idea of her riding abilities or the conditions that caused the horse to buck. She also knew the horse has bucked in the past.

I would let her "friends" know that she has to do what she thinks is best but either stop calling or you will seek relief for harassment.
     
    05-03-2012, 08:42 AM
  #5
Foal
Thanks!!
This is very stressful- I was very honest with her and I thought she would be a good fit or I wouldn't have sold her. I guess I have done the same thing before though too- bought a horse I thought I would be compatible with and just wasn't. I did not blame the previous horse owner, though, and in this case it isn't even the lady who bought her from me who is threatening to sue- that is what is so crazy. I stopped answering the friends calls but now she is texting me- she says I am still liable for this horse and what she does because her papers are still in my name and there was no contract... I have never heard of this before???
     
    05-03-2012, 08:55 AM
  #6
Showing
I have owned my mare, Bonnie, for nearly a year. She is still in the former owner's name because I just haven't bothered to send in the transfer papers - means nothing. Does she have a receipt for the horse or pay by check? If not, she has no proof of money changing hands so, if the horse is still "yours", tell them to return her.
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    05-03-2012, 08:58 AM
  #7
Foal
She paid with cash and never asked for a receipt- so good point!! If she's going to throw that in my face then I guess I could just tell them to give my horse back.
     
    05-03-2012, 08:58 AM
  #8
Trained
I don't think it matters at all whose name is on the papers. I've bought many horses to sell and I didnt have their papers transfered to my name.

The friend sounds like an idiot, good luck !
     
    05-03-2012, 09:40 AM
  #9
Green Broke
The contract doesn't matter, just like you don't have one neither do they, idiots.
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    05-03-2012, 10:56 AM
  #10
Showing
Friend doesn't own the horse so she has absolutely no say in the matter. I suspect she is the one who talked the lady in to buying the horse and things didn't work out as she wanted.
     

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