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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

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        02-05-2012, 05:11 PM
      #11
    Green Broke
    Your post was hard to read but I think I got the jist of it. It's a very sticky situation but since you didn't have her sign anything stating that you get first right of refusal or whatever it was there isn't much you can do. Sorry to say. I'd just buy her for whatever the lady is asking, that way you know she's safe in your home.
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        02-05-2012, 05:14 PM
      #12
    Foal
    I do have emails and texts, I heard people use emails and texts in court
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        02-05-2012, 05:16 PM
      #13
    Green Broke
    Maybe small claims court? I'm not up to date on all the legal stuff but you could try taking her to small claims and present to them the emails both from you and her if you feel that's worth getting your horse back.
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        02-05-2012, 05:17 PM
      #14
    Trained
    Is taking this to court even worth it though? By the time you pay lawyer fees, and take this person to court it'll cost you much more then then $1500 she is asking for the horse. If you want the mare back, spend the $1500 and get her back.
         
        02-05-2012, 05:21 PM
      #15
    Foal
    I would serve her myself and include court costs, by her taking the add off literally 2 hours after I email her for 3rd time stating she failed to follow through our agreement and that if we can not arrange something I will be looking into legal options,to me that's admitting to the agreement and by not responding or keeping the add up she avoiding the situation
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        02-05-2012, 05:28 PM
      #16
    Green Broke
    But you don't have anything like a bill of sale signed by both you and her (that's what I understood from your OP) is just pay what she wants for her...otherwise,let it go.
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        02-05-2012, 05:38 PM
      #17
    Trained
    She most likely won't sell to you at this point. Certainly buying the mare back is the best option, and the least expense and hassle for all. You take her to court-mare disappears and you may never know where she is. If you really care about the MARE, and not your hurt ego, you will have a friend buy her for you. Even IF something was signed, I doubt it was enforceable, and, even if she respected the "buyback" it does NOT have to be at the same price. Stop agonizing per this, and just get the mare back. Lesson learned.
    sandy2u1 and Cowgirls Boots like this.
         
        02-05-2012, 05:40 PM
      #18
    Foal
    Okay thank you guys for the opinions
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        02-05-2012, 08:39 PM
      #19
    Showing
    You sold this horse; you do not have any say in what the new owner does with it. "Buy-back" contracts are very sketchy; there is a lot of controversy about contracts overriding ownership or not. Even with a contract, you would have a tough time getting the horse back.
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        02-05-2012, 08:40 PM
      #20
    Showing
    Quote:
    Originally Posted by CLaPorte432    
    Is taking this to court even worth it though? By the time you pay lawyer fees, and take this person to court it'll cost you much more then then $1500 she is asking for the horse. If you want the mare back, spend the $1500 and get her back.
    You typically don't have a lawyer in SC.
         

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