Horse trade gone bad
 
 

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Horse trade gone bad

This is a discussion on Horse trade gone bad within the Horse Law forums, part of the Horse Resources category
  • Legal papers for horse trade
  • Is it wrong to trade horses?

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    09-19-2012, 02:49 AM
  #1
Foal
Exclamation Horse trade gone bad

I have traded a horse worth 4000$ for a horse that is worth less then 1000$ I was not at the farm when the horse arrived my parents did the trade for me, they thought I knew about the health condition of the horse. I found out s couple hours after the trade I found out the horse I traded for has a sarcoid, the lady told me it wasn't that big of a deal and if it was a problem she would bring back the horse and trade back, I told her quot: "It's okay I talked to her, do you want to do a 2 week trial just to make sure that they are a fit for each other" she agreed saying quot : " If that's what you'd like to do, I am fine with that. I'm taking my daughter out to the farm to see Alex again. She just loves him. All I hear is "mommy, can we go ride Alex?" 😃" I have asked for my horse back as the horse I traded for was not what I was excepting quot: "Hi,name I don't think its going to work out, I think its best if Alex comes back" she avoids my message and sends me a message today quot: "Just finished at a meeting with my lawyer who reviewed the entire conversation we had on Facebook (including the messages where you and your mother both openly admit you are locking a horse up and the post you made attempting to make me out to be a liar) and listened to the situation - as soon as registration papers changed hands (equivalent to a bill of sale), the trade was a done deal. There was no agreement/contract signed in writing for any stipulations or specifics - like a trial period - BEFORE the trade took place. It was a straight across trade, horse for horse.

I've also spoken with a member of the Craik RCMP who also agrees that the deal is done and over with.

Have a nice day." later she wrote quot: "If your most recent status update is directed toward me - I suggest you stop it. Everything you have messaged me and any posts you've made regarding me or the horse - is sitting in my lawyer's office. I have screen shots of everything." I politlely told her quot: Excuse me but that's towards my mother, and I would like it if ur lawyer contacted me or my mother
Thank you"
I really think this girl is lying about a lawyer as she just told me another quot but I really do want help as I really do not know what I can do in this situation. Her quot: "My apologies - I thought it was directed at me.

You can seek legal counsil from your own lawyer. Thank you."

Please if anyone can give me advice that would be great!!
     
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    09-19-2012, 03:54 AM
  #2
Yearling
Unfortunately, she is right. The deal is done. If she will not agree to trade back, you're just going to have to cut your losses. I have been in this situation (on the other end) and there's pretty much nothing you can do. It sucks, I know.
     
    09-19-2012, 09:01 AM
  #3
Started
Well, IMO a horse is only worth what someone is willing to pay. So the lady you traded with may have very well thought it was an even trade...or that she got the short end of the stick.

I think this is the same horse in another thread here and that it has sarcoids. PPE would have helped and so would you being there when the trade took place.

I would find it hard to believe that no everyone of us has at some point lost money dealing in horses. Sorry to hear this happened, but I do not believe you have recourse.
     
    09-19-2012, 09:15 AM
  #4
Trained
I think you're out of luck. You should have gotten a PPE. Your parents should have waited for you.

If your horse is worth so much and the other so little, why in the world would you agree to a trade like that?
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    09-19-2012, 10:13 AM
  #5
Foal
I had no idea the horse had sarcoids or I would have never done the trade, we are located in Saskatchewan. I got his papers back in my name as I phoned the registry and told them the deal was a no go and the lady will not return the horse, they cancelled the transfer and sending me a certificate. But is it illegal to do what I did? I talked to a lawyer and he said we could sue for the knowledge with held and putting other horses in harms way. I'm just not sure if I want to sue as all I want is my horse back.
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    09-19-2012, 10:25 AM
  #6
Super Moderator
I don't understand why anyone would buy a horse without even trying it never mind looking at it. If you can't see the horse in the flesh then you should certainly have had a PPE.
I'm sorry you are in this situation but I can't see that you have any way out of it. I will look for the thread on the sarcoid. Does your vet think its life threatening or more cosmetic and can be safely removed? There are grey areas as to whether they are considered to be an unsoundness - if it is then you might have a case as in a reputable sale a known unsoundness has to be declared
Posting these sort of legal arguments between a seller and a buyer on facebook is a really bad idea - communications like this are best kept on a private level at this stage.
A letter from your lawyer backed up by your vets opinion on the sarcoid need not involve actually sueing this person but could be enough to make them agree to what you want
     
    09-19-2012, 10:32 AM
  #7
Started
Your post is extremely hard to follow...

Are you saying the other horse owner offered your horse back when you first discovered the health problem and you said no, let's do a two week trial? Why didn't you agree to switch back then? Why give her daughter more off an opportunity to bond with the horse? The way you worded it makes it sound like you would only need to switch back if SHE decided that your horse wasn't a good fit.

Something isn't adding up.
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    09-19-2012, 10:35 AM
  #8
Showing
Based on her other thread, I'm thinking this is more a matter of sour grapes and seller remorse than anything else.

If the horse has sarcoids so badly that her health is severely compromised, the OP should have been able to see them.
     
    09-19-2012, 10:39 AM
  #9
Yearling
You called and told the registry that the sale was off even though it's not? Yes, that's illegal. You can't go behind her back to take the horse's papers back. She's not going to give your horse back if she doesn't want to. And I don't think you should sue because I don't think you'll win. Your lawyer just wants to get paid.
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    09-19-2012, 10:43 AM
  #10
Started
Just read the other thread and I wish the other party was a member here so she could provide these threads to her lawyer. I can't believe this poster is planning on putting one horse down and taking back the other.
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bill of sale, lawyer, legal, trade

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