someone illegally sold me a horse - Page 4

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someone illegally sold me a horse

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    12-21-2012, 07:29 PM
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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If they can't afford her then they forfeit that clause and they should pony up the papers. Why didn't the papers get transfered to who you bought the horse from? I would file small claims papers against the owner of the stable for the cost of the horse and care for the 9 months as they were the agent and were not to release the check and I would file against the people you bought it from. That might scare them into solving the problem.
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    12-22-2012, 02:30 AM
I agree with churembeque. It sounds like the people you are dealing with need a "come to Jesus" moment of their own. I would file a lawsuit or at least send a certified letter stating that if they don't resolve it by xyz date then you will sue. A lot of people give in when they realize you're serious.

It sounds to me like everyone in this situation has only their own interests at heart, doesn't care a bit about you or resolving the situation and is just trying to cause trouble.
    12-24-2012, 01:11 AM
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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    12-24-2012, 06:44 PM
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.
    12-24-2012, 06:54 PM
Autismmommy.. what state are in ? Laws vary by state. Do you have children with Autism ? Is your name Nicole
    12-26-2012, 11:43 AM
What is the APHA registered name of the horse and I will look up its information on APHA plus for you.
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    12-29-2012, 07:41 PM
Sorry I haven't responded....been very busy with the holidays :)
Yes my child is Autistic but my name is not Nicole.It is Leigh.
    12-29-2012, 07:55 PM
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!
    12-29-2012, 08:02 PM
Green Broke
God bless, and Godspeed! The very best of luck, and I hope it works out - please keep us informed :)
    12-29-2012, 08:07 PM
OP if you will tell me the APHA registered name of the horse, I can give you a complete list of registered owners. It may clear up some of the reason why no one will give you a copy of the papers.
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