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victorialicious7 07-05-2012 07:28 PM

Giving pony away to avoid further action
 
Long story short, had a pony on consignment. Interested buyer said she would not pick up w/o a coggins so we got her the one that he came with. Turns out, the vet did not know the horse or had any records on him, so she called every possible law enforcement person to come to us, and we offered to first buy her a new coggins, then just give the horse away if it was going to get nasty. We have no contact with old owners, they were horse traders, number not working and no address to where they were since we met and followed them. In the end, to avoid going to court, we sent money back, gave her the pony, paid for a new coggins (which either way, we know is neg. b/c he came with another horse who just got his pulled and was neg.) and paid for gas for consignment seller to deliver the money. Is there anything else that can be done?

waresbear 07-05-2012 07:51 PM

Your post was difficult to follow, so let me see if I understood this....You took a pony in on consignment. A lady bought him & she wanted a coggins, so you handed over the coggins papers the consignee gave to you. The lady buyer calls the vet on the papers and vet knows nothing of the pony listed. She screams forgery and calls the cops (odd, guess police up your way have nothing less to do). Then you offer to have a new coggins pulled & pay for it, give her the pony and money for gas because?? That is where I am lost.

victorialicious7 07-05-2012 07:57 PM

No I sent the pony on consignment and forgery wasn't thought about although thats what we thought may happen. We offered first to solve the problem (coggins was from old owner, not us, but he never left the farm so it wasn't a priority b/c we knew he was neg. since another one we had recently was neg.) by paying for a new coggins if it was a problem, then they kept calling more authorities so we basically said take the pony before it went to court and in the end we did both plus pay the consigner to take the money back to her.

Speed Racer 07-05-2012 07:58 PM

I'm not sure I understand.

Prospective buyer wanted a new coggins pulled, and for some reason you didn't do it.

What about that scenario would lead her to bring in the police, or make you think you needed to refund her money and give her the pony for free? Was there something shady about the initial transaction that worried you? I can't for the life of me understand why you'd fold up like a deck of cards, just because she threatened legal action over something.

If she wanted a new coggins pulled and you didn't get one, I don't see how that translates into her getting the pony for nothing, plus you paying transport costs. There's a lot of the story missing, apparently.

victorialicious7 07-05-2012 08:00 PM

No we offered to pull a fresh coggins and pay for it, the other coggins was from his last owner. WE tried to negotiate, but in the end we just wanted a good home for him, not this fuss.

crimsonsky 07-05-2012 08:02 PM

Quote:

Originally Posted by Speed Racer (Post 1582478)
I'm not sure I understand.

Prospective buyer wanted a new coggins pulled, and for some reason you didn't do it.

What about that scenario would lead her to bring in the police, or make you think you needed to refund her money and give her the pony for free? Was there something shady about the initial transaction that worried you? I can't for the life of me understand why you'd fold up like a deck of cards, just because she threatened legal action over something.

If she wanted a new coggins pulled and you didn't get one, I don't see how that translates into her getting the pony for nothing, plus you paying transport costs. There's a lot of the story missing, apparently.

exactly. i'm quite confused here. :/

KarrotKreek 07-05-2012 08:07 PM

I guess if the original Coggins was forged, which is how I'm reading the OPs post, I'm still not sure why all the trouble to get rid of the horse for free, pay travel costs and new test? I don't know what your legal obligations are if a consignor forged information.

Yes, it doesn't look good for OPs reputation. But if the horse wasn't owned by OP and the paperwork issues are back down the line, then this should be correctable. Ruffled feathers, lots of apologies and corrective action on OPs part and not so happy new owners, I'd expect that. Unless I'm missing part of the story.

I'm taking a guess that the pony is no longer in OPs possession and is with the buyer? It was hard to follow. Not sure if a prospective buyer had issues or if pony was sold then there were issues. Assuming the latter, I'd think at most you would be in breach of contract. New Coggins at your expense could correct that, or buyer could return pony and you might have to cover "board" for the time it was gone and trailering cost (but pony comes back to you). I'm no legal expert, just think this seems more of the reasonable common sense course of action.

victorialicious7 07-05-2012 08:08 PM

not sure how else to explain it lol its a really confusing situation, we basically are talking to the consigner instead of each other.

I gave horse to consigner
Sold horse, had a deposit, wanted coggins before he left to their barn
Sent the coggins, buyer got it, called and the vet on coggins didnt know horse
Amongst all confusion about the problem, we offer to pay for brand new test
Then buyer began to call authorities causing us to just let her have the horse
Finally in the end, to avoid going to court and paying more $, she got the horse for free (sent money back), paid for a new coggins, and gave consigner the money for gas to go back to the buyers place and give her the money. Basically we paid to give the horse away.

waresbear 07-05-2012 08:08 PM

I understand even less now after you explained it. :think: Nope, reread it and can't follow it. Anyways, did the pony get a good home at least?

victorialicious7 07-05-2012 08:11 PM

Sold and then issues.

We didn't think to check the coggins but we had no way of contacting the old owners etc. but WE did not forge, we just sent him with the coggins he had.

I'm just wondering if its fair that in order to avoid a legal issue, we paid for everything PLUS gave away the pony? Especially when it was not our fault, gave what we were given, and if anything, consigner should have dealt with it and we would have gladly just paid for a new one.

EDIT:

Sorry its really complicated :s it was like that the whole day and we had no choice but to give the pony away over a coggins we didnt even know was false, hence us saying we would just purchase a new one.


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