Rights to sell?
 
 

       The Horse Forum > Horse Resources > Horse Law

Rights to sell?

This is a discussion on Rights to sell? within the Horse Law forums, part of the Horse Resources category
  • Paid for the horse no papers
  • Legal to sell a rescue horse

 
LinkBack Thread Tools
    09-01-2010, 06:24 PM
  #1
Foal
Question Rights to sell?

Okay, a friend of mine (lets call her Liz) rescued a horse two years ago. She then was "co-owning" him with another friend of hers (well call them Phil). They each alternated months that they would pay for his care. Well, they got on bad terms with each other and Phil has been paying for him for a few months since they're not on speaking terms. Phil is trying to sell this horse when the original arrangement was that he was to come back to Liz if he could no longer provide for him. There are no legal papers saying that Phil owns him but Liz has the bill of sale from the original rescue.

Liz desperately wants her horse back, but thinks that possession is 9/10ths of the law and there is no way she could get him back without a struggle especially since Phil has already found a potential buyer. I have no idea what legally should happen. Anyone else have a clue? It would be much appreciated!

(and yes. I know neither of them were smart for getting into the situation they did. I don't approve of it. Liz should have taken her horse back right when they got into their argument and not waited this long. But you can't tell people what to do, now can you? :roll:)
     
Sponsored Links
Advertisement
 
    09-01-2010, 06:45 PM
  #2
Foal
Bump bump.
     
    09-01-2010, 06:57 PM
  #3
Banned
I don't think there is much she can do. Since there is no legal documentation of the agreed plan, Phil is technically the legal owner and can do with the horse as he pleases. If she can convince him to give her the horse, there is no legal ground to stand on. It would just be her word against his in court and at the police station.
     
    09-01-2010, 07:45 PM
  #4
Green Broke
Liz owns the horse, she has a bill of sale and no contract between liz and phil so its liz's horse.
     
    09-01-2010, 07:54 PM
  #5
Yearling
I would agree that since she has the bill of sale, it is her horse.... she may have to get legal involved though to stop the current sale.
     
    09-01-2010, 08:01 PM
  #6
Banned
Quote:
Originally Posted by Ray MacDonald    
Liz owns the horse, she has a bill of sale and no contract between liz and phil so its liz's horse.
With the bill of sale, she would have legal ground to stand on. But again, there isn't legal documentation on the agreement. And if Phil can produce recepits (sp?) of horse bills, and he can prove they are for the horse in question, that will cause some upheaval in a court of law.

Her best bet is to ask for the horse (and get documentation of the meeting between them and what was said). If that won't work, go to a lawyer and discuss it.
     
    09-02-2010, 06:15 PM
  #7
Green Broke
Yeah if he had some document that said he paid for the horse he might be given the horse?
     
    09-02-2010, 06:23 PM
  #8
Banned
If she wants the horse back that bad, she should offer him the money he is asking. Just a thought.
     
    09-02-2010, 06:57 PM
  #9
Showing
They both have a decent case since she has the bill of sale in her name, and he should be able to produce proof that he's paid all the bills on the animal for months.

It really could go either way, legally.
     
    09-03-2010, 11:48 AM
  #10
Showing
What is "bill of sale" from the rescue? I always though it's an "adoption" paper if it's a true rescue. Also is the rescue informed about possible re-sell of the horse? Many rescues require you to provide them with info if the horse goes into re-sale, and they can step-in if it was a requirement on the original papers (meaning it won't let Phil to sell the horse).

I don't think he can just go ahead and sell the horse legally. But in any case even though she has all papers he's the one who paid horse's expenses (BTW, no offense, but bad relations with co-owner is NOT a reason not to pay for the shared horse). So they have to settle that down before going somewhere else.
     

Quick Reply
Please help keep the Horse Forum enjoyable by reporting rude posts.
Message:
Options

Register Now

In order to be able to post messages on the The Horse Forum forums, you must first register.

Already have a Horse Forum account?
Members are allowed only one account per person at the Horse Forum, so if you've made an account here in the past you'll need to continue using that account. Please do not create a new account or you may lose access to the Horse Forum. If you need help recovering your existing account, please Contact Us. We'll be glad to help!

New to the Horse Forum?
Please choose a username you will be satisfied with using for the duration of your membership at the Horse Forum. We do not change members' usernames upon request because that would make it difficult for everyone to keep track of who is who on the forum. For that reason, please do not incorporate your horse's name into your username so that you are not stuck with a username related to a horse you may no longer have some day, or use any other username you may no longer identify with or care for in the future.

User Name:
Password
Please enter a password for your user account. Note that passwords are case-sensitive.
Password:
Confirm Password:
Email Address
Please enter a valid email address for yourself.
Email Address:

Log-in

Human Verification

In order to verify that you are a human and not a spam bot, please enter the answer into the following box below based on the instructions contained in the graphic.


Old Thread Warning
This thread is more than 90 days old. When a thread is this old, it is often better to start a new thread rather than post to it. However, If you feel you have something of value to add to this particular thread, you can do so by checking the box below before submitting your post.

Thread Tools

Similar Threads
Thread Thread Starter Forum Replies Last Post
UK people - if horse picked up neglected, rights of ownership? Lottii Horse Law 5 08-12-2010 02:52 PM
If a person agrees to contact me in case of a sale and doesn't, do I have any rights? westonsma Horse Law 13 05-16-2010 01:32 PM
Animal Rights Question whitetrashwarmblood General Off Topic Discussion 18 12-06-2008 04:02 PM
uhhh...posting rights? banning? just wondering! :-D BluMagic Horse Talk 2 12-23-2007 07:51 AM



All times are GMT -4. The time now is 06:53 PM.


Powered by vBulletin® Version 3.8.5
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
Search Engine Friendly URLs by vBSEO 3.6.0