what are my rights? what can I do?

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what are my rights? what can I do?

This is a discussion on what are my rights? what can I do? within the Horse Law forums, part of the Horse Resources category
  • Sale of horse with first option to buy back
  • Horse purchases, legal rights

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    02-05-2012, 12:29 PM
what are my rights? what can I do?

Hey guys I need some opinions or if any has been in my shoes, the story goes:

I rescued a 8 year old grulla appy mare. I found out my parents bought a house and we where moving. This house came with no land for horses so I had to look for a place to move my 6 horses and 4 boarding horses. I began to panic as finding a place was hard! So I listed my two happy mares that where wild broodies at 700.00.

A lady came out and showed much interest in my one mare. She came out 3 times. Now this mare is a grulla great build and threw a leopard colt(she was bred when I got her). With any horse I ever sold I always tell them that I get the first option buy back at purchase price. Now this mare was only halter broke. She agreed to this in person and via texts and emails.

She emailed me once in 3 month period letting me know she had her feet done and has had a saddle on her back! Great I was happy for both of them! I had 3 trainers tell me ship her out and I knew in my heart she just needed time, and someone be patient. At the time I had 4 other wild mares to train and I was working with them by who be the easiest and quickest. This mare was untouchable for the longest time.

Well a lady I know texts me asking if I was selling my horse. By than I have moved and did not sell the other. I find out spook in for sale. I sold her to the lady for only 175.00!!! She was asking 1500.00 and only owned her for 3 months emailed her at first a little hot headed and upset saying that she broke our agreement and that she never contacted me first. I stated to her I'm glade she was a flip for you and that you are looking for a profit.

She responded back to her dismay that spook was too small for her fiancÚ. Funny she never mentioned to me she be his horse, that she was project horse for her. That she would have a forever home. Bull! Well she claimed to have email me 3 times asking me if I like to buy her back. I did not get any email.She said if I wanted her I would have to pay 1500.00, however her add said 1500.00 or best offer. So I emailed her 3 times stating our agreement has been broken. In my last email I said I would take legal action. And magically 2 hours later the add came off. I have not heard a thing from her since!

Now due to packing a barn and moving horses in a month's time on my fault I did not have a contract drawn up, and I am so mad at myself.However I do have texts and emails where I state I get fist option buy back.

I believe our agreement was broken the moment she put her for sale.

What can I do? Is there anything?

Also in her add she stated to me that she would not have her sit in a pasture ignored again. I never ignored her always had free choice hay or grass and water. I have witnesses and trainers tell me what they think. My boarders have witnessed me attempt to bond with her and work with her.

I have no clue where she is now. I hope she in a good home.

I would like her back as we agreed, however I am not getting any response.

I did not want her to bounced around. I wanted to always know she is okay. I did not pay 800.00 for her, let her foal out dewrom her and pay to feed her for over a year to sell her for 175.00 and have someone flip her for money. I understand she needed work. However she ran in a heard of wild appalossas her whole life. With getting her in her last trimester and raising a colt I thought it be less stress to let her be and settle and finish her job as a mom.

Another thing is she listed the mare as proven color producer she threw a try leopard colt. I told her she not to be rebred, she had many foals and now she deserves to just be a horse! I'm afraid she maybe a baby machine now for her life which takes a lot out of a mare.

Any suggestions!?

I'm currently thinking of lawyer however I have no info on where to serve her. I do know where she works.
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    02-05-2012, 01:44 PM
Green Broke
What, if anything, was put IN WRITING -- not "I always tell them......", but in actual writing, signed by both parties?
    02-05-2012, 03:49 PM
Green Broke
She owns the horse, she paid for her, she can sell her however she sees fit, hate to say.
If you want to know and be able to affect the outcome of a horses life, you have to own it for its entire life- that's just how it is.
Wish it had worked out better for you and her.
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    02-05-2012, 03:50 PM
Green Broke
Your post is so full of irrelevant info it is hard to read, try just sticking to the relevant facts. You moving and packing and what color the horses are meaningless.

If I understand, you sold a horse, lady paid you, you gave her the horse, now you see it advertised for much more and you are mad ?
So called buy back or first right of refusal clauses are generally not legally enforceable even if you have a contract. Which you don't.
You probably need to mind your own business you sold the horse it isnt yours anymore and you have no business trying to tell her what she can and can't do with it.
    02-05-2012, 03:59 PM
Well, I know I have had horses before where the previous owner gets first rights buy back, those horses where never sold I held up my end. They passed away.

Its not the money I have an issue with at, its the agreement and the horse. I would of never let her go for that price if I knew this out come. I would of told her 700.00 firm this way there is no or little room for profit.

Also in my area there is a law in which you protray to do something you must legally hold it up your end.

It may have irrevalent facts to you but those facts are ones I didn't want to leave out as I belive part of the story.

And there are many places and horses that comes with first option buy back, tones of rescues have them.

I don't think I be so upset if 1. I was contacted, 2. It happened in a larger time frame. 3. I was not lied to about a forever home and this being her fiance horse or I would of wanted to meet him too.
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    02-05-2012, 04:01 PM
Yep she paid but she also had an agreement to follow through with.
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    02-05-2012, 04:05 PM
You can view as she paid yes her horse, but you can also see my point where she first broke our agreement never contacting me and than secondly never giving me first rights at purchase price as we agreed.
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    02-05-2012, 04:47 PM
Green Broke
Thats just it you never had a legal agreement. Doent really matter what people do all the time. Those first right of refusal contracts are almost never legally enforceable. And like I said, you have no contract.
Your question was "what are my rights"
You have none.
    02-05-2012, 04:49 PM
Okay thank you for your opinion, I apperciate it.
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    02-05-2012, 05:03 PM
Once you sell a horse, you don't have any authority over it anymore. Nor do you have any control over the person. Since there was nothing in writing, no signatures with a notarized contract, there isn't anything you can do. Sorry.

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