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-   -   What should I even do at this point? (http://www.horseforum.com/horse-law/what-should-i-even-do-point-94121/)

Piaffe 08-04-2011 07:44 PM

What should I even do at this point?
 
I bought an Oldenburg mare 4 months ago from a supposedly reputable farm (although at this point I have lost ALL respect for them). The horse was supposed to be bred to their stallion and then sent up immediately. I haven't been able to contact the seller in over 2 months. Before that she was making CONSTANT excuses as to why I couldn't talk to her...busy,lost phone,no service,lost phone again,etc. She is ignoring phone calls,emails,faxes,even certified letters!:shock: My lawyer is suggesting suing and forgetting about the horse and getting a refund.According to the bill of sale the losing party (which my lawyer has guaranteed will be her) will be paying all traveling expenses,lawyer costs,and court fees. I am not sure what this seller is doing. I know she has been getting online because she regularly updates facebook. She also signed the certified letter and I have her signauture. This whole thing seems ridiculous and I am wondering at this point if the whole thing was a scam. I have contacted the police,lawyer,etc. and they are all saying to take it to court. I really actually wanted the horse though! I have the horses papers and the bill of sale. Can I just go pick the horse up? I also have a LFG for the stallion she was supposedly being bred to.Gah...I am so frustrated and shocked that someone would have the audacity to do this! Should I go ahead and go to court or try to get the horse!? Also all the registry papers (oldenburg,ISR,and rheinland) were supposed to be in her name and ready to transfer and NONE of them are. Not only that,but they are in different peoples names...some from a person in canada,some from new york,and some from somewhere else I can't remember. I have tried to be very patient,but 2 months of ZERO contact despite my best efforts is just too much. I was expecting this horse to be delivered at least 3 months ago.

JustDressageIt 08-04-2011 07:58 PM

Is there even a horse? Did you see the horse in person? If you have papers, do they match the horse 100%? can you be sure the seller (scammer?) hasn't either 1)scammed you or 2) made a relatively worthless mare seem like this great, registered WB mare? If you did pick her up, who's to say the mare was actually serviced by the stud you picked? Usually for transfer of ownership, you need a bill of sale - what worries me is that the seller's name isn't on the papers, so registries may deny ownership change 'till they have a record of ownership.
Personally, I would forget about the mare. I would be too worried she isn't who the seller claimed, and was actually bred to the neighbor's donkey - but I AM a self-admitted worrywart.
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Piaffe 08-04-2011 09:29 PM

I havent seen the horse in person. Normally I wouldnt buy a horse for so much sight unseen...but I really honestly though this was a reputable seller :( The papers do match the horse 100%...they are just in someone elses name. The foal would have to be DNA tested as soon as it was born...I do at least have LFG gyarabteed by the stallion. I did quite a bit of research before deciding to buy her and I am stilk shocked how it has turned out.....please view my original thread from 4 months ago and let me know what you think...thanks!

http://www.horseforum.com/horse-bree...ne-foal-83160/

churumbeque 08-04-2011 09:37 PM

How far away is it? The 1st thing I would do is contact the people who are on the registration papers and see what they have to say.

I am not understanding if the papers are now in your name, if they are have the sheriff meet you at the property and get your horse. Who cares if she is bred at this point, that is the least of your problems. You are way to patient, I would have been way more pro active and things would not have gone on this long. You are giving her too much time to cover her tracks. The horse may not even be there or getting taken care of.

ShutUpJoe 08-04-2011 09:43 PM

What worries me is they still have the mare for sale on their website....

Piaffe 08-04-2011 09:45 PM

She is about 6-7 hours from me. When I bought her I asked why she was cheaper priced (most of the horses were going for more towards $20,000) she said that the previous owner had died and that she bought the horses,but that the papers were in order. I do wish I had acted before...Paypal said they could have reversed all the oayments before 45 days...too bad at that point I didnt realize what was going on. I dont know where the horse is for sure,if it is sick,injured,dead....or possibly never existed? I hate driving that far without proof the horse is even there. I have a broken ankle and am only allowed to drive very short distances so that will be a huge pain. So so so frustrated. I did call the police in the town she is in and they said take her to court. I dont know if they would be willing to help me get her.

Piaffe 08-04-2011 09:48 PM

She is listed as "sold" on their website

MHFoundation Quarters 08-04-2011 09:53 PM

What a bum deal :( I'd think with bill of sale & papers you could pick her up with a sheriff or police officer meeting you there. Keeping my fingers crossed for you!

ShutUpJoe 08-04-2011 09:56 PM

Oh I just now saw that. I think court would be your best option.

Piaffe 08-04-2011 09:59 PM

Thanks for the input everyone....I guess this is a bit of a rant. I am just at wit's end as to what to do. Going to court is just going to be time and money. I wish I knew someone down there that could just go look and see if the horse even exists...lol. I am guessing this will end in me getting someone to take me down and going from there whether to try to get her or file for court. I also have to file to go to court in her town which doesnt seem quite fair to me,but oh well on that. Phew....I guess the main lesson I have learned is dont ever buy a horse sight unseen...even from a bigwig seller. Bah humbug...


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