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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
  • +ownership on a horse sale gone bad
  • Horse trading laws

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    09-19-2012, 09:55 AM
  #11
Weanling
I'm confused, either you knew about the sarcoids before the trade went through or after....

At any rate it really sucks to be you when the other party involved in the trade finds out you cancelled the transfer on the registration papers. Shannon is right, it was illegal what you did. I hope you have a really good attorney...but I hope you are more mature in the next deal you make on a horse, because it seems as though you want to blame your parents for your mistake by your decided absence on the day of the trade. Please educate yourself in the horse world and in the law beforehand...ALWAYS ALWAYS have a licensed vet perform a PPE on a horse that you plan to acquire. It will save you from situations like the one you're in now.
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    09-19-2012, 10:12 AM
  #12
Started
Quote:
Originally Posted by nikelodeon79    
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.
Posted via Mobile Device
Can you post the link to this other thread?
     
    09-19-2012, 10:22 AM
  #13
mls
Trained
Quote:
Originally Posted by AbsitVita    
I hope you have a really good attorney..
Pretty sure the OP is just talking big. If she indeed did have an attorney, they would be telling her to keep her fingers quiet.
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    09-19-2012, 10:24 AM
  #14
Weanling
Quote:
Originally Posted by mls    
Pretty sure the OP is just talking big. If she indeed did have an attorney, they would be telling her to keep her fingers quiet.
Sorry, what I meant by that was that I hope she has a really good attorney who can fast talk her out of serious criminal charges, when the other party finds out what she did when she cancelled the transfer on the reg papers.
     
    09-19-2012, 10:24 AM
  #15
Yearling
Quote:
Originally Posted by wetrain17    
Can you post the link to this other thread?
http://www.horseforum.com/horse-law/illegal-138163/
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    09-19-2012, 10:29 AM
  #16
mls
Trained
Quote:
Originally Posted by AbsitVita    
Sorry, what I meant by that was that I hope she has a really good attorney who can fast talk her out of serious criminal charges, when the other party finds out what she did when she cancelled the transfer on the reg papers.
Oh - I totally understand what you are saying!

Typically when folks jump on their computer and start throwing "my attorney" around, there is NO attorney.

Also - unless things are different in Canada - if this person is under 18, she can not enter into a binding contract.
     
    09-19-2012, 10:35 AM
  #17
Yearling
Between the two threads I am astonished. You traded horses without seeing them and without a PPE, and now you want your horse back, going so far as to illegally try to get the papers back. You're upset about it and are willing to put the poor horse to sleep because of YOUR mistake. That's awful, and I don't have any sympathy for you. If you're so upset about the horse, instead of killing it off why don't you give him away or try to sell him? You aren't going to get your horse back, it's a done trade without contract.

I'm sorry to be so blunt, but you sound irresponsible and guilty about trading away your horse. It's your responsibility to go see the horse beforehand, ride it, get a PPE and draw up a contract. Otherwise, things like this happen. Please don't make the horse pay for your mistakes. His sarcoids are NOT contagious, despite what you seem to think, and they don't sound like they are serious enough to affect his health. A horse is an animal, not something to throw away if you decide you don't like it.

EDIT: mls, yes, she can't enter into a binding contract, but her parents can. They seemed willing to help out. Any contract is better than no contract at all.
     
    09-19-2012, 11:45 AM
  #18
Started
Can a person just call a registry and tell them not to transfer the papers that the trade was going to be null and void? Seems outrageous to me...
     
    09-19-2012, 11:49 AM
  #19
Yearling
Quote:
Originally Posted by WickedNag    
Can a person just call a registry and tell them not to transfer the papers that the trade was going to be null and void? Seems outrageous to me...
I was wondering about that, too. If you CAN do that, that is a seriously flawed system. Once you sign the papers over, that should be it.
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    09-19-2012, 11:57 AM
  #20
Showing
If the papers have been signed over, the registry shouldn't just go by what some disgruntled former owner is stating. That can get them into some very legal hot water.

Besides, registration papers don't denote actual ownership. If they did there are a lot of horses out there who still belong to their breeders, since subsequent owners never bothered to transfer the animal into their name, or the papers were lost.

For that particular registry they denote ownership. For the general purpose of law, a bill of sale supersedes registration paperwork. The only thing blocking a transfer does is make sure the new owner can't take their horse to breed shows.
     

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bill of sale, lawyer, legal, trade

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