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- - Trainer moved horse out of barn w/out owners permission. (http://www.horseforum.com/horse-law/trainer-moved-horse-out-barn-w-229553/)
Trainer moved horse out of barn w/out owners permission.
My trainer moved my horse out of his training facility to another barn that I have never been to and is over an hour away. The Trainer was also supposed to market, promote and sell horse which he has not done. Do I have any legal rights in this matter?
Did you have a contract saying that he was going to advertise the horse and keep it only on the property the horse was moved from?
We did not have a written contract, just verbal. Horse was purchased from traininer in 2011 and was kept in training with him till she was moved out. She is posted on his business website for sale and one other web site listing his training faciltiy as selling agent.
Without a written contract stating terms you really don't have any recourse. You stated that the trainer was supposed to advertise and sell the horse, which, if the horse is advertised on the trainer's site than technically the trainer has met that obligation. It is not necessarily the trainer's fault the horse has not as yet sold...it takes time. As for moving the horse, did you ask why? Could it be a potential buyer is interested and the trainer moved the horse for better access by the potential buyer?
EVERYTHING needs to be in writing including agreements between friends. It cuts down on questions later.
If you've left the horse with the trainer to sell and the trainer moves barns, it would stand to reason that the trainer has every right to move the horse to his new facility.
If you want the horse back, go and get her. Otherwise, leave her with the trainer until she's sold.
I'm not sure why this is an issue other than you have nothing in writing, which is a big no-no.
I sure hope you have a bill of sale.......just saying......
How folks can do this sort of stuff with nothing in writing? Do you even have any idea how much the horse is to be marketed for? How much the trainer gets? Anything?
I solely and leagally own the horse. The trainer did not change barns, only my horse was moved out. Trainer claimed he would market, promote and show horse to prospective buyers. But the owner of barn where horse is was completely unaware of what the horse was there for and wanted to know what to do with her. I do know how much she is being marketed for and what the trainers commsion is supposed to be.
Well then, I think you need to be asking the trainer why the horse was moved. Surely you have his e-mail addy and phone number? You could clear all this up with a two minute phone call.
Agreed- find out from the trainer why the horse was moved. If you aren't satisfied with the job the trainer is doing (either in his efforts to sell the horse, or his reason for moving the horse isn't reasonable) then go get the horse and move her where you want.
It's not too late to get a written contract, either with this trainer or some other one you decide to hire as a selling agent if you go and get the horse back.
I am not new to the horse industury and the wheelings and dealings that are involved. I have been with this particular trainer for over 3 years and watched him buy, sell and trade many horses in that time. I thought we had a good enough relationship to trust him with selling my horse. I do know why the horse was moved. There was a personal issue with the trainer's girlfriend and she forced him to move the horse out of his barn. Since this was done against my will, I am asking if I have any legal rights.
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