I'm pretty sure I made a huge mistake not making a contract.
   

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I'm pretty sure I made a huge mistake not making a contract.

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  • horse forum regret
  • Regret selling the farm

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    12-03-2010, 09:19 AM
  #1
Weanling
I'm pretty sure I made a huge mistake not making a contract.

Like the title says, I'm pretty sure I made a huge mistake not making a contract.

I was trying to sell my horse becuase I just don't have time to ride him and with winter here and board running $400 a month I THOUGHT the best thing for the two of us was to find him a better home where he can get attention.

So, someone came out to try him, they loved him (she shows and he is perfect for that) and even asked if I would consider a two week trial period so their trainer could work with him and to see how he would settle in. I had no issue with this; then they asked about payments... sorry I don't want to mess around with that. They could not afford what I was asking outright, I totally understood why I didn't get a call back and why they never asked to take him on trial.

Fast forward a month or so and like 10 people telling me they were taking him then backing out I reduce his price by a lot; the girl calls me again, she wants to take him for a two week trial. Yay! They did click well together. They picked him right up.

I already planned on really reducing the price for her without her knowing, I remember not being able to shell out the money for a show quality horse but really wishing I had one.

While they were picking him up she hands me a check for $100 as a deposit... I thought for a moment and said "Look, Take him for two weeks and if he works out then I'll cash this check and we will call it even". She was almost in tears. I thought this was a perfect situation for my guy, he will be loved, trained properly, and shown!

The trial was for two weeks; A week later she calls me back everything is going well. Two days after the two week mark I don't hear from her so I am wondering whats up, I call and she says he is perfect and her trainer loves him... but don't cash that check or it will bounce! What?!
She tells me her dad's bank got a bit messed up and they will pay me in cash, where can they meet me? I tell her I will come to their farm.

Well of course this is the day before thanksgiving, I work in retail so Black Friday, Sat and Sun are crazy for me, I call her monday and me make an appointment for tomorrow for me to be paid! (Sat)

All the while I am a mess becuase if you can't afford the $100 you technically handed me yourself how will you afford my horse? I think I let this go to far.

If I call her tonight to make sure we are still on for tomorrow and she tells me they don't have the money yet do I have a legal right to get my horse back? Right now I regret everything and I just want him back but I will be ok (I could live with it I guess) if everything works out.

There was no contract and she has his reg papers already... I handed them over with him... Stupid, stupid, stupid.
     
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    12-03-2010, 09:28 AM
  #2
Gus
Banned
I'm sorry. It is always best to do a contract.....so what happens now?
     
    12-03-2010, 09:33 AM
  #3
Weanling
Tonight I will call them and make sure we are still good to meet tomorrow, I guess if they say we are and I get my money everything is fine...

But I'm worried they wont have my money, and will put it off a little longer, and a little longer...

If that's the case I just want my horse back!

I was wondering if I could still get him back if it comes down to it.

I feel bad, she really likes him... but still... its A hundred dollars... that won't feed a horse for more than a few days... and THAT worries me!

I should have just kept him and let him sit for the winter. I bought him in April and he was super thin but was putting on weight well under my care, I know if he sat all winter he would be looking sharp come spring. Guess its too late for that though...
     
    12-03-2010, 09:52 AM
  #4
Started
I would think that if you can't cash the check, then they haven't paid you. Go out, return the check and take your horse back. Wish I lived close to you. I'd kill to have a horse to ride through the winter months. Sadly..I have to wait til the girls are old enough to ride.

Or..go to their back and get something from the teller saying they don't have the funds in their account to cash the check, then go out and get your horse. (The bank will mark the check insufficient funds..we had something like that happen when we sold our car and went to cash the check they gave us.)
     
    12-03-2010, 02:43 PM
  #5
Green Broke
I would go to the bank personally to cash the check. Then it will be stamped insufficiant funds and you will have proof that he hasn't been paid for. I would call teh registry asap and fax them a copy of the check so they can't get him transfered. I would then call teh sherrif and or small claims and get your horse back asap. Don't mess with them and let them dissapear or sell the horse
HannahFaith likes this.
     
    12-03-2010, 04:47 PM
  #6
Weanling
Quote:
Originally Posted by churumbeque    
I would go to the bank personally to cash the check. Then it will be stamped insufficiant funds and you will have proof that he hasn't been paid for. I would call teh registry asap and fax them a copy of the check so they can't get him transfered. I would then call teh sherrif and or small claims and get your horse back asap. Don't mess with them and let them dissapear or sell the horse

Thanks for the good advice. This was also suggested to me by my mom who is pretty smart about the law stuff. She suggested that if they tell me they don't have the money then I should do just as you said.

I am aware that likely small claims will cost more than the $100 but it would be worth it.

Again, hopefully they just give me my money and that's that!
     
    12-03-2010, 04:54 PM
  #7
Green Broke
Quote:
Originally Posted by FlyinSoLow    
Thanks for the good advice. This was also suggested to me by my mom who is pretty smart about the law stuff. She suggested that if they tell me they don't have the money then I should do just as you said.

I am aware that likely small claims will cost more than the $100 but it would be worth it.

Again, hopefully they just give me my money and that's that!
Small claims is around 60.00 in my area and if they loose you get that back also.

I guess I am suprised that you want them to keep the horse. I thought you wanted it back, not the money.

If you just want the money go to the bank on a friday after pay day when they are likely to have money in teh account. You can also ask the bank how much you need to deposit for the check to clear. If they have 90.00 in there you could deposit 10.00 and cash the check
     
    12-03-2010, 05:03 PM
  #8
Green Broke
Are you going to give her the benefit of the doubt and at least see why her dad's bank account was messed up? My husband has the same name as another client at our bank and someone garnished our account thinking it was him. We were in the negatives. It took a couple weeks to get it fixed too.
     
    12-03-2010, 05:10 PM
  #9
Weanling
Quote:
Originally Posted by ShutUpJoe    
Are you going to give her the benefit of the doubt and at least see why her dad's bank account was messed up? My husband has the same name as another client at our bank and someone garnished our account thinking it was him. We were in the negatives. It took a couple weeks to get it fixed too.

I am giving her the benefit of the doubt, I just wanted to be prepared for the "what if...?". They seem like nice people, they really do.

In truth, I would rather have my horse back... I kind of regret selling him already but that is niether here nor there, I already offered him to them and we already set up a date (tomorrow) to exchange the money at their barn. I just hope they take good care of him.

I called them today and so far we are still on for tomorrow at 11:30.
So it should be fine.
     
    12-03-2010, 05:27 PM
  #10
Green Broke
That really sucks. I've been there and sold a horse that I instantly regretted selling. I really have no advice when it comes to getting the horse back. It sucked losing my "heart" horse the first time and then my mom traded her horse for him but the trade didn't work out, it hurt even worse losing that horse a second time. Have you offered to buy him back if anything happens?
     

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