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Right of First Refusal

This is a discussion on Right of First Refusal within the Horse Talk forums, part of the Keeping and Caring for Horses category

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        02-18-2013, 03:28 PM
      #11
    Trained
    Quote:
    Originally Posted by Copperhead    
    I had "Right of First Refusal" on some horses I bought. Its really not that big of a problem to call the previous owner up and inform them that you're selling. If anything, you might get a quicker sale if they say yes.

    Previous owners who make demands need a reality check. Once they sign that bill of sale, they are no longer in control of that horse. I wouldn't buy a horse who's owner was that posessive/controlling. Theres a big possibility they'll cause problems down the road.
    Your post doesn't make sense. YOu had it on some of the horses you have bought, but you wouldn't buy a horse from someone that controlling?

    I sold one of mine with one, mainly because the woman who bought him had borderline resources financially, and I knew that it would not take much to tip the scales and my horse (who had been neglected by a previous owner) could end up who knows where. My purpose was not that I wanted the horse back, but I wanted to make sure he never got into a bad situation again. The new owner also saw it as a comfort, since she knew she could barely afford him, and that I would take him back if need be. That was 15 years ago, and they are still doing fine. She adores him, and thankfully she has not asked me to take him back. It was a great match for both. I do understand tho, that I had no real legal recourse if she decided to sell him.
         
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        02-18-2013, 03:30 PM
      #12
    Super Moderator
    I actually don't see a problem with them asking for that as long as they agree that if the horse has been improved or the market price has gone up then the value of the horse will increase.
    Surely all they are trying to do is protect the horse they are having to sell for some reason from ending up in the hands of a meat buyer
    I had that agreement with three ponies we had - two that we sold and bought back one of them then ended his life with us and the other actually eventually went back to the woman we bought him off to live out his life (as per the agreement we had with her) and one that we bought and sold back to its original owner where she lived out her old age as a companion. It worked very well for us and saved a lot of worry about what might happen to them.
    I guess it all depends on the motives of the seller
    Back2Horseback likes this.
         
        02-18-2013, 03:49 PM
      #13
    Yearling
    Quote:
    Originally Posted by franknbeans    
    Your post doesn't make sense. YOu had it on some of the horses you have bought, but you wouldn't buy a horse from someone that controlling?

    I sold one of mine with one, mainly because the woman who bought him had borderline resources financially, and I knew that it would not take much to tip the scales and my horse (who had been neglected by a previous owner) could end up who knows where. My purpose was not that I wanted the horse back, but I wanted to make sure he never got into a bad situation again. The new owner also saw it as a comfort, since she knew she could barely afford him, and that I would take him back if need be. That was 15 years ago, and they are still doing fine. She adores him, and thankfully she has not asked me to take him back. It was a great match for both. I do understand tho, that I had no real legal recourse if she decided to sell him.
    I could have probably worded that better. What I meant was that I had bought an animal with right of first refusal, which is fine in my eyes. When I was ready to sell, I called them up.

    But if the previous owner starts making demands and threats before I even buy it, like stated in another post, I'd stay clear of it.
    franknbeans likes this.
         
        02-18-2013, 04:00 PM
      #14
    Cat
    Green Broke
    I've bought and sold horses with first-right-of refusals on them. Sometimes they are limiting - for the first year. Just to help ensure you aren't flipping the horse. Many times I believe that clause is in there because it makes the owner feel better about the sale. And sometimes - like in a case a few years back - I had to sell due to hard times (I was laid off) but if the horse came up for sale when we were doing better I would have bought him - and yes, with full understanding that I would probably have to pay quite a bit more than what I sold him for. That is life.

    I did a horse swap last year and both horses had first right of refusal on them. In the contract it outlined it as a reasonable market value at the time of the future sale. So if either of us put training on it or anything like that or the market improved - we would lose nothing by offering the horse back.

    They still have the horse I sold to them, but the one I got from them did not work out. Quick note to let them know it was not working out and why and if they were interested in purchasing him back. They weren't. Simple and easy and I found him the best home that fit him that I could.

    I also like getting updates on horses I've sold and giving updates on horses I bought. I haven't found anyone trying to control a horse I bought from them - but just some updates to see the horse is settling in well and working out in the new home really helps the party that had to sell I think. Especially if they were selling for other reasons other than total dislike for the horse.
         
        02-18-2013, 04:05 PM
      #15
    Showing
    Cat, I think if people voluntarily give you updates that's great. For the first couple of years I owned JJ I'd keep his former owner updated with pictures and e-mails. He's been with me almost 5 years now, so the communications have pretty much ceased. But she never demanded anything, which is why I was so willing to keep her informed.
    Back2Horseback likes this.
         
        02-18-2013, 04:12 PM
      #16
    Yearling
    When I bought my horse over 13 years ago, the woman who sold her had first rights of refusal. Her contact info has long since vanished into a random file and I doubt she'd want to ship the horse from Scotland back to the States!

    When I was away at university out of state (but not yet out of the country), she phoned my parents -- the number she had for us, as I was 17 when we bought the horse -- just to see how the horse was getting on. This was four or five years after we'd bought her. Ex-owner was pleased as punch to hear that we still had the mare and she was away at college with me.

    Sometimes I wonder what she'd think if she phoned my parents and learned the horse was now in Scotland. It's not what you expect to happen to your horse!
         
        02-18-2013, 04:23 PM
      #17
    Banned
    When I was horse shopping, I went to see a horse from a private seller that I liked and was planning to buy. We negotiated, I rode the horse etc.

    Then when I went to pick up the horse and pay for it, I was slapped with an unannounced 'contract'. I was there with cash, trailer etc thinking I was getting my new horse.

    Her previously unannounced demands:

    First right of refusal at the same price as the sale today.
    She was going to follow me to my barn to make sure she approved, she would have a trailer to bring back the horse if she did not.
    She had a right to visit the horse at any time, and without notice. I was not allowed to deny her access, or she would take legal actions to get the horse back.

    Erm no! This was a horse I was buying from a private seller - not adopting.

    I thanked the idiot for wasting my time, and left cash in my pocket, and an empty trailer to return to horse shopping.
    If she had told me these terms, I would never even had looked at the horse.

    Another horse I drove about 3 hours to see. The horse came out, it was totally different from the one pictured in the sale ad. I said, woah that's not the horse I saw on the ad. Apparently the girl didn't have a camera, and so just posted a random internet photo to her ad.

    I hate people!
         
        02-18-2013, 05:19 PM
      #18
    Started
    In the past we have sold horses with first right of refusal. If they want to get rid of the horse within the first year we refund the purchase price of the horse. After a year, if they want to get rid of the horse and they should contact us. We want a vet reference and if you board we would like to see the area when we deliver the horse.

    I have had this work out a number of times. Where a horse was not fitting with the owner they called and we went, picked the horse up and returned the money. To me, first right of refusal is not about money. Refund of money assumes that the new owner has improved the horse. I have gotten horses back from an owner where the horse is snotty and spoiled. We had another horse come back from a similar situation after a few years. The barn owner where they were boarding was not feeding the horses. The horse came back to us thin and once the owners built a new barn and we returned the horse.

    In my opinion, first right of refusal a way to try to keep a horse out of a slaughter pen. I also figure that with the time, energy and money I put into a horse its part of my job as an owner to make sure that it ends up in a nice place. I decided to breed a mare, I decided to foal out a horse and I decided to train this horse. So, its my responsibility to do my best to make sure the horse is in a safe place.
    jaydee likes this.
         
        02-18-2013, 05:48 PM
      #19
    Yearling
    I did a right of first refusal for my old heart horse, Ace. I had him from the time he was a yearling to his 12 year old year. He has mild ringbone and arthritis, and just can't do what I need my horse to do anymore, but he has a lot to offer for the young ones or older ones who just want to mosey along. I didn't want him to end up starving in a field, so for him it made sense.. his owners know I love him and when he no longer works for them, I will happily hand them a check and bring him home. Made me feel a lot better about finding him a new home...
         
        02-18-2013, 05:56 PM
      #20
    Trained
    I gave away a mare to what I thought was a good home. I also thought he was honourable. Months later I found out she was not well taken care of -- was substantially underweight, probably by 200 - 250 lbs. She wasn't a hard keeper, but she did need a whack of hay -- a WHACK! Anyway, by the time I found out about it, the mare was in a new home - thankfully a good one and she is now well taken care of again.

    I was floored that the man didn't contact me when he was no longer interested in having her. I had told him numerous times to let me know if he had any difficulty whatsoever and I would find another home for her. We spoke several times over the following months about other things.

    I will never again let a horse go from my property without a written and withnessed right of first refusal unless I am getting rid of the horse because I am no longer able to physically or financially care for it. And I will be much more careful. And snoopy. I will do drive-bys on any new home. I feel bad to this day that I caused her to be in that situation.
         

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