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someone illegally sold me a horse

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        12-20-2012, 06:06 PM
      #11
    Showing
    Does the person who sold you the horse have the horse's actual papers in hand?

    I agree with whoever said that first right of refusal won't stand up in court. The foal clause, however, might be more difficult to deal with. Is there a written contract between the person you bought the horse from and the previous owner?

    If I were you, I'd be talking to a lawyer.
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        12-20-2012, 06:12 PM
      #12
    Foal
    Quote:
    Originally Posted by DraftyAiresMum    
    Does the person who sold you the horse have the horse's actual papers in hand?

    I agree with whoever said that first right of refusal won't stand up in court. The foal clause, however, might be more difficult to deal with. Is there a written contract between the person you bought the horse from and the previous owner?

    If I were you, I'd be talking to a lawyer.
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        12-20-2012, 06:16 PM
      #13
    Foal
    There is a legal contract between the original owner and the person we bought her from but I have not seen it.I am hoping they will release this if we go to court but I'm worried we could loose money and our baby.We love this horse.I just don't know if the old owners will get involved OR even sign her over to me.She was given for free to the person I bought her from because she made so many promises.The original owners haven't heard from her in over a year but she told me they talked last week and they are working together to resolve this.
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        12-20-2012, 06:17 PM
      #14
    Foal
    What is a foal clause?
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        12-20-2012, 06:20 PM
      #15
    Showing
    The foal clause is the part of the contract where it stated that the original owner had first right of refusal OR got a foal out of the mare before she could be resold.
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        12-20-2012, 06:21 PM
      #16
    Foal
    I need them to email me a copy of the contract
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        12-20-2012, 06:23 PM
      #17
    Showing
    Really, you're kind of in a holding pattern until the other two parties can resolve their end of it. Your ownership of the mare hinges on the outcome of their dispute.
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        12-20-2012, 06:37 PM
      #18
    Super Moderator
    First of all, have you been paying for feed and care for this 9 months?

    In livestock law, possession is indeed 9/10 of the law.

    I would move this horse immediately to a place unknown to the BO, the original owner or the person that sold her to you. You have a LOT more leverage when you have the horse and a sizable bill against it.

    I think, YOU should be the first person to file a suit for the original papers and transfer rather than wait for one of them to sue for possession.

    Get this horse moved and fully in your possession. Do not tell the BO when or where you are going. Just GO!

    Then, get a lawyer well versed in livestock and preferably horse law and by all means, be the aggressor.
         
        12-20-2012, 07:27 PM
      #19
    Foal
    Quote:
    Originally Posted by Cherie    
    First of all, have you been paying for feed and care for this 9 months?

    In livestock law, possession is indeed 9/10 of the law.

    I would move this horse immediately to a place unknown to the BO, the original owner or the person that sold her to you. You have a LOT more leverage when you have the horse and a sizable bill against it.

    I think, YOU should be the first person to file a suit for the original papers and transfer rather than wait for one of them to sue for possession.

    Get this horse moved and fully in your possession. Do not tell the BO when or where you are going. Just GO!

    Then, get a lawyer well versed in livestock and preferably horse law and by all means, be the aggressor.
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        12-20-2012, 07:30 PM
      #20
    Foal
    Cherie-we have the mare at our house and she has been here for almost 4 months now in our barn.When we saw the seller would not cooperate with us,we took her and brought her home.She was only there while we built here.The previous owners cannot take her back at this time due to financial reasons and they are out of state.I offered to sell her back to them.And only because that is the right thing to do since they originally had 1st refusal.
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