what are my rights? what can I do? - Page 4
 
 

       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
  • Brought horse what are my rights
  • Does my horse goes back to sale if i win in small clams court

Like Tree16Likes

 
LinkBack Thread Tools
    02-14-2012, 07:40 PM
  #31
Foal
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.
And another point worth mentioning is that even if you did manage to go to court.. she did offer to let you purchase the horse for the 1500.00... which could be brought up as her offering you the first right of refusal.

FROR doesn't mean you get to buy the horse back for what you sold it for. It means that when someone sells the horse, they let you know it's available and at what price. If you refuse to pay the 1500.00 for the horse, then even with that, if she had a full price offer, she'd still be free to sell it to the person offering her the 1500.00.
     
Sponsored Links
Advertisement
 
    02-14-2012, 07:50 PM
  #32
Foal
Nut case sellers it maybe but I would like to know I rescued a horse and she is in a good home, that was the whole part of me rescuing her.

Some are against rescuing and that's fine. But I and as well as others have opions and beliefs and I will never give up my opions, beliefs and morals due to someone actions or opions.

Update, I do have legal standings met with a lawyer twice, papers are drawing up right now and she will be served.

Laws are different around the world. I'm nnot in the equine business to make a dollar (I have a full time job that does that I also run a rescue and boarding) I am in for my passion and if I can make help in a small way.

Rescue horse or not, amazing bloodline or backyard foal I belive each one has a chance and don't think it should suffer as a result of humans actions.

And with dealing with a "nutcase" seller you you would know the circumstances of the sale and therefor based on what you choose may decided not to buy, that's okay no problem. But those who do agree to terms of sale should be bind to that sale. There is agreements with everything now a days.
Posted via Mobile Device
     
    02-14-2012, 11:15 PM
  #33
Foal
Quote:
Originally Posted by moderncowgirl    
Nut case sellers it maybe but I would like to know I rescued a horse and she is in a good home, that was the whole part of me rescuing her.

Some are against rescuing and that's fine. But I and as well as others have opions and beliefs and I will never give up my opions, beliefs and morals due to someone actions or opions.

Update, I do have legal standings met with a lawyer twice, papers are drawing up right now and she will be served.

Laws are different around the world. I'm nnot in the equine business to make a dollar (I have a full time job that does that I also run a rescue and boarding) I am in for my passion and if I can make help in a small way.

Rescue horse or not, amazing bloodline or backyard foal I belive each one has a chance and don't think it should suffer as a result of humans actions.

And with dealing with a "nutcase" seller you you would know the circumstances of the sale and therefor based on what you choose may decided not to buy, that's okay no problem. But those who do agree to terms of sale should be bind to that sale. There is agreements with everything now a days.
Posted via Mobile Device

But you were offered the first right of refusal. Try reading every word.. not only what you like.

FROR means she offered you the horse prior to selling it to anyone else. She did offer it to you (by your own admission) for 1500.00.

Just because you don't feel the horse with training is now worth 1500.00, doesn't mean it isn't, or that she should give you the mare back after putting that much training into it. She offered you the horse. If you want the horse, pony up the 1500.00. If you want the horse for the 150.00 she paid.. then maybe you need to reimburse her for the care and training for the time she had the horse (say 500.00/mo.. x how many months she has had her).
     
    02-15-2012, 02:58 AM
  #34
Started
The horse was just a halter broke, unregistered brood mare when you sold her. Just going by the current horse market, IMO you were overpaid.

You want to talk about how you wanted to give them time for this and that, but what that boils down to me is that you either wound up with to many and wanted to thin your herd, or just simply didn't bother to do anything with her and was way more concerned with her foal.

Either way, the only qualities she had when you sold her is that she could be led. If you have so much emotional attachment to her, then why didn't you put in some work when you decided to sell her? That would have given you way more options as a seller.

I think that you sold her for nothing because that was her value to you. Now that someone has actually put some time, money and energy into her, you see what a great horse she could be. Now all of a sudden, you want her back.

You never even gave her a chance, IMO.

That horse will be long gone before you ever even darken the courthouse doors, if she isn't already.
wyominggrandma likes this.
     
    02-15-2012, 03:40 AM
  #35
Weanling
This thread bums me out... so I'm just going to comment. I'm sorry if I'm out of line.

OP: I don't know why we are assuming the buyer is a 'bad person' here. She put money and time into the horse, it is now much more valuable than before... For the sake of the mare, I would let her sell it to a good home, where even more money and time would be put into her. It seems like good things could happen for this mare. You should be happy that a rescued, wild, useless mare is now worth $1500!!

Just because the buyer, and not you, put money and time into getting the horse to this standard, doesn't make her a villain! And if she makes a profit from the sale (which I doubt, knowing what the training/keeping costs probably added up to, especially since this was a horse that was only halter broke) good on her! She deserves it.

Why was the horse sold to her for $175 when you said the selling price was $700 anyway? (I think these were the amounts, I don't feel up to digging through this thread again...)
     
    02-15-2012, 08:46 AM
  #36
Foal
I posted this for opions of others in different areas, and I thank you guys for that.

The opinions I get on here are far different than the ones I have been getting around here and from the lawyer I have.

I never assumed the purchaser was a bad person. Hense why I lowered the price. What I do not like and she failed to meet was agreement and the promises of a forever home.

I value you this horses very much. I'm not going to try and defend my feelings I feel what I feel and belive that I do have rights here.

In my area the laws do allow me, as she proved we had an agreement by so called trying to contact me, if she has proof great! But I have no record and I searched through my emails and junk mail.

Now with that that all being said I am following through. Terms of a sale are terms of a sale, you follow them when you adopt a dog, when you get a phone, when you get cable.

Thanks for the opinions and well I don't think the topic needs to go on. I made my choice.

Thank you guys
Posted via Mobile Device
     
    02-15-2012, 09:36 AM
  #37
Foal
Unfortuantely what everyone is saying is correct - without a contract (and probably even with one) you have no claim to the horse.
Years ago we free leased a horse out for the first time to an acquantaince who we thought we knew fairly well, because of this prior relationship nothing was signed. A few months later our so-called 'friend' sold the horse for nearly $2000. When I found out I rang them, but my calls, emails etc were never answered and I never did find out who the horse had been sold to, only that it was out of the area completely. I have seen this woman since at events and she refuses to even acknowledge having had the horse, and unfortunately with nothing signed there's nothing we can do despite him literally having been stolen.
We did approach a lawyer about it, not intending to follow it up as we were not willing to pay court costs for what was in the scheme of things an inexpensive horse, but rather to be able to hopefully approach the woman with what we could potentially take to court and scare her into telling us where the horse was. At the time the lawyer said that the only thing that could be done was that if the horse was found and proven to be the same horse that we had via microchipping details, then he could be returned to us but without proof no charges would be filed. (Emails and texts etc were not considered proof, we needed a signed document or receipt which we did not have)

We did eventually see this horse again years later at an event, in the beginners ring a disabled teenager was being taken in the lead in on him. After seeing him happy and clearly making someone else happy, we never did pursue it to get him back as we probably could have (He was microchipped and clearly branded/DNA typed & registered as an ex race horse).

I guess the lesson here is don't do anything without a contract, but also to think of the horse before yourself - if your mare is happy and looked after then leave it be. You couldn't keep her in the first place just like we had to lease out our old horse, and you made that decision so now you have to live with it.
Ladytrails likes this.
     
    02-15-2012, 09:45 AM
  #38
mls
Trained
Quote:
Originally Posted by moderncowgirl    
What can I do? Is there anything?
Sorry - nothing you can do. We've discussed this many times before.
     
    02-15-2012, 09:52 AM
  #39
Showing
So OP, you're willing to pay an attorney more than the horse is worth to pursue this? Is that correct? That tells me this isn't about the horse, it's about your ego and thinking somehow you should be in control of the animal forever.

I find it amusing that you couldn't or wouldn't give this horse a forever home, but somehow expect that someone else should be bound by something you wouldn't do yourself.

Oh and as far as 'rescuing' and giving yourself sainthood because of it, if you bought any of these animals you didn't 'rescue' them. They were financial transactions, plain and simple.
     
    02-15-2012, 08:28 PM
  #40
Banned
See people like the OP is why I will never get a horse from a rescue. EVER.

Let them get on the truck to Mexico instead, rather than dealing with a nutjob.

OP, go waste your money on a lawyer. It just proves my point.
themacpack likes this.
     

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 04:48 PM
My rights? caligirl70 Horse Law 22 07-25-2011 09:22 PM
Should Animals Be Doing More For Animal Rights? GreyRay Jokes and Funnies 6 11-30-2010 04:02 PM
Rights to sell? dmj1993 Horse Law 21 09-06-2010 11:50 AM
Animal Rights Question whitetrashwarmblood General Off Topic Discussion 18 12-06-2008 03:02 PM



All times are GMT -4. The time now is 07:28 AM.


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