what are my rights? what can I do? - Page 3
 
 

       The Horse Forum > Horse Resources > Horse Law

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

    Like Tree16Likes

     
    LinkBack Thread Tools
        02-05-2012, 09:48 PM
      #21
    Foal
    Thanks guys

    I see it from both views and maybe boils down to more of a moral issue for me. I know I would keep my end up with anyone, I always have, guilty mind gets the best of me.

    Its the fact I am no longer to know where or how this girl is doing. I be live she was a quick flip. I wouldn't want any money back from the lady, just the horse.

    As someone said just buy her back, I would in a heart beat! But as of right now I am on unemployment insurance for a broken ankle, only 10 more days to go and hopefully out of this cast. I don't want to run into a financial situation if I can't return to my full time job in two weeks. El only gives 50 percent of wages which hurts big time!
    Posted via Mobile Device
         
    Sponsored Links
    Advertisement
     
        02-05-2012, 10:03 PM
      #22
    Trained
    Quote:
    Originally Posted by moderncowgirl    
    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
    Posted via Mobile Device
    What would happen if you lose? Then your still horse-less and you don't get her to pay for everything.

    This may seem, rude. But you sold the horse for $150. You had her listed for $700. That's cheap. And on top of that, the horse is wild. You said the mare was un-touchable for a very long time. What's the point of getting her back? She is a wild broodmare. Did you have a certain connection with her? If it was that big of a connection, I would think that you would have put more training into her and that you wouldn't have gotten rid of her.

    The lady puts 3 months of training into her and she is accepting a saddle and is able to be touched and groomed and a whole lot more. She put a lot of time into the mare.

    So, I'm asking, what is the point of all of this? Are you mad because the lady went back on her "verbal word" or do you seriously want the horse back?

    I guess I just don't get it the point of all of this because the fact that your ticked off. She wasn't doing anything but sitting in a pasture at your place. Maybe she could find a loving home with someone that'll use her.

    I may be making assumptions, but, still...?
         
        02-05-2012, 10:08 PM
      #23
    Trained
    Quote:
    Originally Posted by moderncowgirl    

    I see it from both views and maybe boils down to more of a moral issue for me. I know I would keep my end up with anyone, I always have, guilty mind gets the best of me.

    Posted via Mobile Device
    Part of being an adult is the fact that we have to accept people no matter how they are. I am the same as you, if I say I'm going to do something, I do it. But not everyone is like that. People are out to make a quick buck. People will run you over just to get themselves to the top of the pyramid. It's how the world works now. It's great that your like that, but unfortunately, barely anyone in this world is anymore.

    We had the same thing happen to us. We sold a yearling, wanted first buyback rights if she ever sold him. She was my mom's friend. Their friendship ended, and the lady gave the horse to someone else. We never got him back. She even signed a contract stating that we had first option to get him back. But we never pursued it. He's in a good home. We know where he is, and we know he's taken care of. We didn't want another horse anyways and would have turned around and sold him again, so we cut our losses.

    Just goes to show that you have to REALLY look into who your selling to. And even then sometimes, you still get taken advantage of.
         
        02-05-2012, 10:11 PM
      #24
    Trained
    And-not to be mean, but now you say you don;t have the resources, physical or financial-to take her anyway? So what is the point? Yeah, we get it, you would keep your word. Many of us would, but that is not true of everyone. If you don't have the $$ to buy her back how do you plan on having the $$ to sue this lady? Makes no sense.
         
        02-05-2012, 10:17 PM
      #25
    Foal
    Actually the mare was from wild brood herd I was the first to halter her and lead her. I did some work with her. However in her last trimester of being pregnant I didn't want to add stress to her (I have taken an equine science diploma). A lot of these horses thhat where sold off, people lost. They brought them home hit them hard with wormer and starting feeding grain. Now these guys where never dewormed if you hit a horse hard with wormer and they are full of worms you risk the chance of killing a ball of worms (this case ascarids) and causing colic.

    Best thing I thought for the mares I got was to take it slow. I kept them in stalls for the first two weeks, did some work and spent time with them. I than turned them out to pasture to foal and raise their kids. While they where doing that I spent time with them out there. Just walking around them feeding treats touching when I can. Once I weaned colts off, I gave them some time to gain weight and relax. Than slowly started working with them again.

    I am just explaining this to you so you know I really didn't just thow them in a pasture and ignor them.

    There is an emotional attatchment yes, I was the first humane to interact with them. I spent time caring for them and their babies.

    As I stated I don't want money, I want the horse. If she respond to my emails and let us work something out as her add did say asking I happy to do that, but I am not getting any coorperation.

    Yes I do understand that she put time into her, that is why I am willing to work something out.

    I am not just whinning, I feel strongly that I should of been notified as agreed and go from there, however I was not, she has my cell and home number along with email.
    Posted via Mobile Device
         
        02-05-2012, 10:24 PM
      #26
    Trained
    And she may choose not to deal with you, which is why I suggested you get a friend to get the deal done on your behalf without the seller knowing the horse is going back to you. Sometimes you have to play the game.
         
        02-05-2012, 10:28 PM
      #27
    Foal
    Frankbeans thank you, I have a breeder I know email her the other day and no response, I also had my bf(she doesn't know him) email her. See if we hear anything.

    Thanks guys I apperciate your opinions.
    I have talked to other people in the industry in my area and they feel different.

    I just thought get some more opinions on what others think.

    It's all a point of view and was more so hoping someone in my shoes would be able share their story.

    Thank you again for your opinions
    Posted via Mobile Device
         
        02-05-2012, 10:34 PM
      #28
    Trained
    Good luck. :)
         
        02-14-2012, 05:21 PM
      #29
    Foal
    What are your rights?

    You have none. You have no contract. (while texts and emails can be used to support a contract, I don't think you'd get far with those as your only communication). And the "first right of refusal clause" is widely unenforcable even in the best of written contracts.

    You sell a horse to someone, you lose ALL say in it.

    Now in small claims court, you could possibly sue her for damages, if you can prove that you have somehow suffered damages. But small claims court only awards a monetary amount. They won't give the mare back to you. And you would have to prove that you're owed damages and this person needs to "make you whole" , and it doesn't sound like there is any way you could do that.
         
        02-14-2012, 08:07 PM
      #30
    Banned
    Quote:
    Originally Posted by Tapperjockey    
    What are your rights?

    You have none. You have no contract. (while texts and emails can be used to support a contract, I don't think you'd get far with those as your only communication). And the "first right of refusal clause" is widely unenforcable even in the best of written contracts.

    You sell a horse to someone, you lose ALL say in it.

    Now in small claims court, you could possibly sue her for damages, if you can prove that you have somehow suffered damages. But small claims court only awards a monetary amount. They won't give the mare back to you. And you would have to prove that you're owed damages and this person needs to "make you whole" , and it doesn't sound like there is any way you could do that.
    This. End of story. Game over.

    I'd never buy a horse from anyone who insisted on any contract or conditions. In this market, there's far too many good horses to deal with nutcase sellers.
         

    Quick Reply
    Please help keep the Horse Forum enjoyable by reporting rude posts.
    Message:
    Options

    Register Now

    In order to be able to post messages on the The Horse Forum forums, you must first register.

    Already have a Horse Forum account?
    Members are allowed only one account per person at the Horse Forum, so if you've made an account here in the past you'll need to continue using that account. Please do not create a new account or you may lose access to the Horse Forum. If you need help recovering your existing account, please Contact Us. We'll be glad to help!

    New to the Horse Forum?
    Please choose a username you will be satisfied with using for the duration of your membership at the Horse Forum. We do not change members' usernames upon request because that would make it difficult for everyone to keep track of who is who on the forum. For that reason, please do not incorporate your horse's name into your username so that you are not stuck with a username related to a horse you may no longer have some day, or use any other username you may no longer identify with or care for in the future.

    User Name:
    Password
    Please enter a password for your user account. Note that passwords are case-sensitive.
    Password:
    Confirm Password:
    Email Address
    Please enter a valid email address for yourself.
    Email Address:

    Log-in

    Human Verification

    In order to verify that you are a human and not a spam bot, please enter the answer into the following box below based on the instructions contained in the graphic.


    Old Thread Warning
    This thread is more than 90 days old. When a thread is this old, it is often better to start a new thread rather than post to it. However, If you feel you have something of value to add to this particular thread, you can do so by checking the box below before submitting your post.

    Thread Tools

    Similar Threads
    Thread Thread Starter Forum Replies Last Post
    Bragging Rights! Show us what you got! fresh paint girl Horse Talk 49 11-17-2011 05:48 PM
    My rights? caligirl70 Horse Law 22 07-25-2011 10:22 PM
    Should Animals Be Doing More For Animal Rights? GreyRay Jokes and Funnies 6 11-30-2010 05:02 PM
    Rights to sell? dmj1993 Horse Law 21 09-06-2010 12:50 PM
    Animal Rights Question whitetrashwarmblood General Off Topic Discussion 18 12-06-2008 04:02 PM



    All times are GMT -4. The time now is 11:26 PM.


    Powered by vBulletin® Version 3.8.5
    Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
    Search Engine Friendly URLs by vBSEO 3.6.0