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someone illegally sold me a horse

12K views 52 replies 20 participants last post by  Majolica 
#1 ·
I bought a horse about 9 months ago and paid around $4,000 for her.She was described to us as being a show horse in western pleasure and that we could breed her.She is 11 years old.We gave the cashiers check to the stable owner to give to the "owner" of the horse but he was not to do this until she had ALL the required paperwork including reg and transfer/bill of sale.He gave her the money and it took me a month to even get the bill of sale.So here I am 9 months later with only a COPY of her registration and a bill of sale not for my state.I have had many calls/texts with the person I bought her from and its one excuse and lie after another for why she hasn't transferred her to me.I have in the last 2 days found the original owner and now I know why she never did.There was a legally binding contract between them.She was given the horse with promise of first refusal or a foal.She could not sell her and did.I legally do not own this horse and she stole my money.I also need to say we were told she was 100% paint and she is not.We do have the copy of her paint registration but she is also reg Pinto and both are still in the original owners name.So my question is:what should I or can I do legally? Who do I call? I am very upset and usually could handle things but this is just too complex.Thank you for reading.
 
#33 ·
I agree with writing a very stern demand letter and show a cc at the bottom of both the original owners and name your attorney. Show them you mean business. If you really want to shake them up, go to your local courthouse and ask to have a subpoena duces tecum (to produce paper) issued, it will cost a little..usually 20.00 ish, but send that along with your demand letter to show them you are absolutely serious about going to court if need be. The main thing is this mare needs to have a clear owner so she is not yoyo-ed around.
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#34 ·
Get an attorney. Go to Civil court not small claims. No attorneys can go to court for you. It gets tricky with the first right of refusal, especially if there is no paper work showing the original owner Refused the horse. If you send a letter ask for your feed, care and all cost associated for the horse, even cost for labor for pen cleaning, grooming, farrier, vitamins, water (its not free) shavings bedding , medications, wormers, etc . If you did training, add that cost.
 
#38 ·
The reason the paperwork wasn't switched was because there was a very detailed lawyer-written contract between the previous owner and the lady I bought her from and she was not allowed to sell her.If she did transfer the papers to me they would find out.It was first refusal and a foal.
I have heard every excuse known to man why she hasn't done it yet and each one is contradictory of the last.I know the person we gave the check to knew there was a contract and acted as the agent therefore he is as liable as she is.
I will be going to the court house in the next week to take care of this.I just need to find out what all I can sue for.The original owners will not email me a copy of the contract and I really need to see it.Bottom line is I bought a horse that was not able to be sold and my money was stolen!
 
#42 ·
You would have a list of the breeder with address and any transfer dates, plus the names of each owner with address and transfer dates. It would also show if the horse has been DNA tested, had any foals, or shown.

APHA Plus Gold is a paid subscription service, you asked for help and that is what I can offer.
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#44 ·
Im sorry if you have already said this but who has the horse at this point?? Because if you do then someone owes you not only your money but room and board also. Then on top of that pain and suffering for all the trauma/stress this has caused you and maybe others in your life, as in children that have fallen in love with the animal and such. This is going to cost someone, maybe that will be enough for everyone to want it to end quickly.
 
#48 ·
OP I sent you a PM last night so that maybe you could reply to it. If you're still having trouble, you can email me at info@smokesnavajo.com

I really hope to try to help you a little bit. I have a soft spot for paints and support the breed. I hope this gets cleared up so you can get your horse transferred and become an APHA member.
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#50 ·
Hmm didn't see this until now so it's too late now. Thanks for the tip though, I will remember that in the future. I have yet to get any junk at that address and its been active for years, so godaddy must have a decent filter.
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#51 ·
I dont know what state you are in. In California.. even if you unkowingly purchase any item that is stolen, then you can go to jail for buying stolen property. You should try contacting the 'owner' again. Give the same option that she gave the dishonest person, and make a contract with her. You should get an attorney. Find one that specializes in livestock or horses. You could even bring up your childs condition to get a sympathy vote in your favor. Its a shame that there are so many dishonest people out there. It just makes it harder for us honest people.
 
#52 ·
oops.. maybe not the same agreement, but that she could use the mare for a foal if bred in the next year, I would not leave it with out a closed date. Because if you are going to show,or if your child is, then you will be out a show season due to the foaling. I would put time limits .
 
#53 ·
I usually just read on this forum, but had to join to address this thread. Please, PLEASE contact an attorney before you do ANYTHING. Laws differ depending on the state, or even locality. Further, a lot of the advice you have been given has been incorrect and may end up costing you even more money. One thing I will say, GENERALLY you will not be able keep the horse AND get your money back. Obviously, if the horse is unable to be registered, there is SOME leeway to that general rule. However, it is HIGHLY unlikely that you are going to get to keep the horse, get $4000 back, plus all your costs. Or even the majority of that.

This is why I am stating that you need to speak with an attorney to actually determine what you ARE entitled to and don't waste a bunch of money suing for amounts you will not receive. (I honestly think this situation SHOULD be able to be resolved outside of court since the ONLY thing you are out is the registration papers. What happens now between the original owner and the seller is really of no concern to you as long as you get the registration papers.)
 
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