Breech in contract? Anything else I can do?
Back in march I gave a 19 y/o mustang mare away to a friend. She signed a contract with me that if she ever would decide she did not want her she was to come back to my house for free. Well, browsing craigslist 2 nights ago, I found this ad for my mare.
I have since called her and questioned her as to why my mare was for sale on craigslist. She said that her boyfriend does not ride her anymore and she was not going to keep a horse around he did ride. When I first questioned her she was speechless and just kept saying uh,uh,uh. She was trying to cover her screw up. I know that. She thought they would sell her and I would never know. Well she ended up saying if I wanted her back that it was fine I could have her back. The only thing is that she came up with some crap that her boyfriend wanted to take the horse on a big trail ride on the 14th of august and that I could not have her till that date. I would like to go get the horse today, if they don't want her then I don't think they should have the right to say I can't have her till they ride her in one last trail ride. I am afraid this mare is going to disappear sometime between now and then.
Anyone have any ideas?
When I seen the ad I was furious mad, stayed up till 3am trying to get over it. Still furious
Obviously, not much of a friend. Were that to happen to me, I would go get the horse. My rationale is simply "how could he take the horse on the 14th if you have it for sale now?"
Be sure you have a copy of the Craigslist ad and a journal of the conversations.
First right of refusal clauses are not enforceable by law. No, not even if they're in a written contract.
The horse isn't yours any longer, so even though you caught your 'friend' in a lie, there's no way for you to legally make her give you back the horse.
I know it stinks, but if more people would realize the only way to make sure a horse is guaranteed a forever home is never to sell/give it away, there'd be no more endings like this.
I do feel badly for you, but you have no legal recourse whatsoever.
I know several people who have done this before and the contract has been enforced in the end. Usually the horse had long since disappeared though.
I was trying to mainly keep the police out of it, keeping her from playing her little games with me is annoying.
What if you tell her that you would like to do this peacefully and will be by to pick the horse up this evening? If this won't work for her then you will take your contract and cragslist ad to the appropriate people to take further action. See what she says.
She may not know that the contract won't be enforced (or maybe it will in your area)...
I have told her I would like to come get the horse today, anytime today and I just keep getting the crap of well nathan thinks he wants to ride her in the trail ride on the 14th. They have 7 horses other than this mare, they can ride any of them in the ride.
Well then, if you know this is something you can legally enforce, tell her you'd rather not get the courts involved and you expect her to give the animal up willingly TODAY.
The police won't be of any help, because it's a civil matter. You can take her to court, but she can't be arrested or charged with a crime.
The only thing the court system will do for you, if the horse is long gone, is to find her guilty and make her pay you the worth of the animal. They may also make her pay all court courts, but that's if you get attorneys involved.
For a 19 y/o, unregistered horse, it'll cost you more to take her to court than the animal's worth.
Yeah, that is true. I know the mare is not really worth anything, especially in todays horse market. I was trying to keep it out of courts, not that I think I ever would honestly take it there because of the cost of it. I just would like the mare to come back to my farm, this poor mare came from rough beginnings when I got my hands on her and I just would like to see her come back here where I know she will be cared for properly. If she comes back here I can say she is never leaving this farm again. She will have a home till she dies here.
I'm sorry you're going through this.
It's tough to find out that a 'friend' is really nothing more than a lying sack of crap, who wants to make money on a horse who was given freely and with a good heart.
I hope you get her back. She doesn't deserve to be sold on, just because this sack of dog excrement is greedy for money.
What a crappy situation. Im sure that it is all too common though. I would ask her what her intentions were if the horse were to sell before nathan could take her on his big trail ride? Then I would tell her that I had my trailer hooked up and that I could be there in a set amount of time. She lied to you, lie back. Tell her that you want to remain friends and that you want to keep this friendly. Sympathize with her financial situation. Basically, sweet talk her. If, by the end of the conversation, she hasnt changed her mind...then resort to the "i dont want to have to take this to court" attitude. Lie again...tell her that you have spoken to your attorney and he said something like just by placing her for sale, you have breached your contract and that can lead to some hefty fines"
Im so sorry for your situation. Your mare doesnt deserve this. Get her home as soon as possible.
Oh and if she still doesnt want to cooperate...post your own craigslist ad saying to NOT BUY THAT MUSTANG! Explain your situation. Most people dont want involved in that kind of deal!
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