what are my rights? what can I do? - Page 5
 
 

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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
  • Taken on rescue horse with no contract
  • Rescue my rights

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    02-17-2012, 12:09 PM
  #41
Foal
Quote:
Originally Posted by mildot    
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.
There is a reason that Bill Engvall has a comedy routine :) It's because so many people provide him with such great material lol
     
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    02-17-2012, 02:02 PM
  #42
Started
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.
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Never stand up in court... no matter what state no matter what your lawyer says. Would sure like to know his name but I really doubt you have one so no since in asking. Contracts do not hold up! Not even a rescue contract... you can not sell something and retain rights to it.

This coming from a friend of mine when I asked him about it. Retired Judge Jack Wilds
     
    02-18-2012, 03:43 AM
  #43
Foal
Quote:
Originally Posted by WickedNag    
Never stand up in court... no matter what state no matter what your lawyer says. Would sure like to know his name but I really doubt you have one so no since in asking. Contracts do not hold up! Not even a rescue contract... you can not sell something and retain rights to it.

This coming from a friend of mine when I asked him about it. Retired Judge Jack Wilds
Not to mention the fact, that by offering her the horse (for 1500.00) the contract was followed..

But why bother with that little tidbit lol
     
    02-18-2012, 03:53 AM
  #44
Banned
You sold it. She owns it. You had no contract provision that would stand in a court for any special terms for the future.

You've blown it. You may have had a chance of having a more amicable settlement but frankly I'm not surprised she's ignoring you with your opening gambit to her being a comment about her flipping the mare for a profit.

Sounds to me like this is just about the money though and you're miffed that she got more than you did when you sold it to her.

IF you're really concerned for the mare and REALLY do want to know where she ended up then you need to change your attitude and I'd suggest be prepared to apologise to her for that and tell her that's all you want to know.

You say you're not in a position to buy the horse back anyway and all a court would do IF you had a contract is enforce that option.

You never get to buy them back for what you sold them for. At the end of the day the person you sold to has kept and fed and trained the horse during the intervening period.

You say you're concerned about where the horse ended up... well to be absolutely frank you sold it for less than meat money at least she's now a more viable prospect to retain for a riding horse if she's been purchased for $1500.

Be thankful for that and move on. Lesson learned.
     
    02-18-2012, 04:38 PM
  #45
Started
If you do not have a written contract saying she has to sell the horse back to you at purchase price you do not have a leg to stand on. Your lawyer is taking advantage of you and taking your money on top of it. It is a matter of he said she said. Written agreements are hard enough to take to court and win. A verbal contract is just that verbal. Even you have said you don't have the money to buy her back, you are just feeling sorry for yourself.
You are a sore loser. You sold the horse without a written contract now want the horse back because the new owner spent time and money to make her a better horse. You will probably want to resell her again for a higher price, sounds like you do not have the time or room for this horse. , after all you already sold her once.
Hope your lawyer is not charging you too much. If he/she is an actual lawyer he/she knows this case will never see the inside of a courtroom. Probably charging you to send her a threat letter telling her she has to give horse back. Won't happen and the lady doesn't have to sell you the horse back now or in the future no matter what threats are sent by your lawyer.
Give it up and go spend time with your other horse, quit hassling this lady
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    02-19-2012, 01:15 AM
  #46
Started
This is why I was so flustered when looking for a project horse, I feel like- you buy a horse and that horse is yours, if you choose to put time, effort and training into that horse and sell it for a profit there is absolutely nothing wrong with it. Not every horse that is sold is going to it's 'forever home', but if you want to find a horse to 'flip' / take on as a profit it's as if you have to lie because of owners like the OP who would like you to keep them forever and ever, additionally- if I were to buy a horse for cheap, but so much time into that horse so they were rideable, etc. there is absolutely no way I would give the previous owner buy back guarantee at sale price. If the previous owner would like to pay the asking price, or make an offer on the asking price, it would be a totally different story, but the horse would no longer be worth the price at which it had been purchased.
     
    02-19-2012, 02:57 AM
  #47
Foal
Quote:
Originally Posted by alexischristina    
This is why I was so flustered when looking for a project horse, I feel like- you buy a horse and that horse is yours, if you choose to put time, effort and training into that horse and sell it for a profit there is absolutely nothing wrong with it. Not every horse that is sold is going to it's 'forever home', but if you want to find a horse to 'flip' / take on as a profit it's as if you have to lie because of owners like the OP who would like you to keep them forever and ever, additionally- if I were to buy a horse for cheap, but so much time into that horse so they were rideable, etc. there is absolutely no way I would give the previous owner buy back guarantee at sale price. If the previous owner would like to pay the asking price, or make an offer on the asking price, it would be a totally different story, but the horse would no longer be worth the price at which it had been purchased.
I totally agree!!
     
    02-19-2012, 04:20 PM
  #48
Banned
Quote:
Originally Posted by alexischristina    
Not every horse that is sold is going to it's 'forever home', but if you want to find a horse to 'flip' / take on as a profit it's as if you have to lie because of owners like the OP who would like you to keep them forever and ever
This

The horse world is full of nutjobs and freaks like you describe.
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