someone illegally sold me a horse - Page 3
 
 

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someone illegally sold me a horse

This is a discussion on someone illegally sold me a horse within the Horse Law forums, part of the Horse Resources category
  • Is it illegal to sell someone else's horses
  • Is it illegal to sell a horse broke

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    12-20-2012, 09:04 PM
  #21
Super Moderator
Good for you.

I have never dealt with APHA, but AQHA will re-issue Registration papers with a court order if the courts rule that she is yours and you should have the papers. They may require DNA testing to prove that she is who she is supposed to be. The only times I have had to deal with this was with AQHA and at that time I only had to supply four photos of the horse and a copy of the court order. I just got the court order through small claims court and my total expenses (except for the board bills and training bills against the horse) was less than $100.00.

Added. I would first write APHA and tell them that the 'owner of record' will not give you the papers. Send them a copy of your Certified Check. Tell them that they will not give you the original papers and a transfer. They will ask their side of the story and will demand the papers from them or threaten them with sanctions and/or they will be denied APHA privileges.

Added some more. This IS NOT an 'illegal sale'. Don't call it that. No law was broken. It is strictly a Civil Matter. Possession and the most recent feed bill should over-ride everything else. You just need to be the aggressor.
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    12-20-2012, 09:07 PM
  #22
Foal
Quote:
Originally Posted by Cherie    
Good for you.

I have never dealt with APHA, but AQHA will re-issue Registration papers with a court order if the courts rule that she is yours and you should have the papers. They may require DNA testing to prove that she is who she is supposed to be. The only times I have had to deal with this was with AQHA and at that time I only had to supply four photos of the horse and a copy of the court order. I just got the court order through small claims court and my total expenses (except for the board bills and training bills against the horse) was less than $100.00.
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    12-20-2012, 09:10 PM
  #23
Foal
Cherie-
Thanks for all your great info :)
I am going to be totally honest here and tell you I do want to go to court and I want her to pay deeply for what she has done.I want to sue her for $4,000 + boarding fees and training we had done and keep the horse.I don't think this is at all possible but I can dream lol
I would like to meet with an attorney to get info and put the case together and go at this alone because I know I can do it :)
Please be honest with me and tell me what YOU think I could accomplish by going to court.
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    12-20-2012, 10:25 PM
  #24
Green Broke
Get an attornry and sue for your money. If the original owner gave the horse away get a copy of the paper work. Does the BO have a letter of refusal ? Also maybe work a deal with the original owner, to get a foal but put in writing they pay all stallion fees, Vet bills, and additional feed bills while the horse is preg and while nursing the foal.
     
    12-20-2012, 11:34 PM
  #25
Foal
I contacted the original owner a few hours ago and told her to email me the contract they had.Im hoping she will.If she doesn't do it this way I will have my attorney get it.I really need to see what it said so I know what my limits are in court.I am planning on having the owner of the barn (he also owns the feed store in town) served because he is the one that released my money and wrote the bill of sale.I know he is aware of this whole situation with the original owner due to the fact they are best friends.He is as much to blame if not more than she is.
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    12-21-2012, 08:43 AM
  #26
Super Moderator
The original contract between the Original Owner and the second owner is not binding on you. It does not matter. You didn't sign it or into into this contract. She cannot make you do anything.

If she does not like the way things have turned out, she must sue the person that signed the contract. Again, it is a Civil Matter between them and you do not need to care what she thinks.

You must sue the person that took your money. They are the one you entered an 'unwritten agreement or contract' with. The second owner that she sold the horse was responsible for that part of that sale that was to deliver the papers to you.

You will have to talk to a lawyer, but I think any Civil action you take should name both of them as co-defendants.

I do not think you can have both the money back and the horse. I think you will have to sue for the papers and any actual monetary damages not having the papers has caused you. I do not know about your state, but the states I have lived in have had $5000.00 limits on suits you can bring in 'Small Claims Court'. Anything else requires full legal papers and legal representation.
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    12-21-2012, 12:48 PM
  #27
Started
Do you want the horse or do you want your $4000 back? You can't have both.

Most first right of refusal clauses are not enforceable, nor is the foal clause, most likely.

You have a bill of sale, why can't you transfer her yourself? Clause or no clause, the person who sold you the horse DID legally own her. Any clause broken between that person and the past owner doesn't concern you.

I wouldn't so quick to bring a lawsuit to "make them pay." YOU might be the one who ends up paying. You could end up with no horse, no $4000, and a bunch of legal fees.
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    12-21-2012, 01:09 PM
  #28
Super Moderator
I think you need to speak to a legal professional ASAP.
I don't know how US law works but I ended up in a similar situation when someone sold me a horse that was pretty much a useless case as far as riding went when I got him. After several years of hard work to turn him around I was confronted at a show by the real owner who had actually only loaned the horse to the woman who sold him to me - he hadnt wanted the horse either as he couldnt handle him but as soon as he saw the change he wanted him back
Essentially I had no say in it as it was between them to fight it out in court, the horse was returned to its original owner and though I fought for my money back I only got part of it and nothing at all to reflect all the time and money I'd spent. I wont even go into the heartbreak.
I hope you can resolve things with a happier result
Good luck
     
    12-21-2012, 01:29 PM
  #29
mls
Trained
Quote:
Originally Posted by autismmommy    
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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Who is the recorded owner of the mare? That is the person who needs to fork over the papers.

If she is still in the name of the original owner, they can apply for duplicate papers.
     
    12-21-2012, 06:48 PM
  #30
Yearling
Thank you for clarifying! As you've said you have the horse in YOUR barn, it sounds like you have a bill of sale too. The only thing you don't have are the papers. So as Nik said you can't have both. If you have the horse and want to keep it, which it sounds like you do, then just work on getting the papers.
Even though you didn't have to offer it was great that you offered the horse back to the original owners.

Again though I wouldn't make a big deal and try to get revenge by her paying. You have your horse you just don't have the papers.
     

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