Is this even fair?? - Page 2 - The Horse Forum
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post #11 of 41 Old 07-03-2010, 02:25 PM Thread Starter
Foal
 
Join Date: Apr 2010
Location: Michigan
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My mom didnt necessarily buy me a horse, she paid me 600.00 to buy him. I am a minor, but she wants to deal with me instead, insisting I MUST pay her 40.00. Yes, there was a contract signed saying I would pay her a weekly sum of 5.00.

(quote from the contract)
Quote:
In the event that this contract cannot be completed for the lack of any of the above stated conditions by August 14, 2010, said horse will be reinstated immediately back to the seller and all monies paid will be forfeited.
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post #12 of 41 Old 07-03-2010, 02:36 PM
Green Broke
 
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Well, you shouldn't have signed the contract HOWEVER as a minor, it's not even close to being a legal document anyway. Nobody can enter a contractual agreement with a minor without a parent co-signing. So in all actuality, if you HAD paid her any money and she was keeping it, your mom could legally take her to court to get the money back because she had no business dealing with a minor.

You don't owe her $40, and ignore her. Report you as a scammer? And have what happen exactly? Is she going to the scammer police? You can't be a scammer simply by backing out of a deal - the definition of scamming is someone who performs certain actions to trick others out of money, and all she did was trick herself out of money. Nothing is stopping her from re-listing and re-selling the colt. If she can report you as a scammer, then I'm reporting every individual who's ever wasted my time by not showing up for a viewing.

Ignore her.

Quote:
I hope God tells her to smash her computer with a sledgehammer.

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post #13 of 41 Old 07-03-2010, 02:46 PM Thread Starter
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Thanks Macabre. Actually my mom signed it and sent it out with the first 5.00 payment, but it was sent back a few days ago (i have no Idea why.) when my mom gave me money to buy my horse.
Here is a quote of her exact words in an email sent a few days ago:
Quote:
If you are not going to purchase Blue Double Trouble than you are still responsible for the time I have lost in not selling him to someone else because of your decision. I am assessing this time and effort at $40.00 although worth much much more. This is due IMMEDIATELY if you are not purchasing this horse.
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post #14 of 41 Old 07-03-2010, 03:02 PM
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She is just trying to intimidate you, and doesn't have a leg to stand on. She is upset that you didn't buy her horse, but transactions fall through all the time. Ignore her.
$5 a week??? Sweet deal!!!! Lol
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post #15 of 41 Old 07-03-2010, 03:04 PM
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Like the others said, IGNORE HER. Or email her back and state that there were no terms to that effect in your contract and if she has a problem with it to take you to court. A judge will laugh her out of the courthouse.

I had the SAME THING happen but it was with a mortgage company. This company tried for 3 months to close the deal on our house. Couldn't do it. Another company did it in 2 weeks. The first company then sent us a letter demanding their broker fee be paid to the tune of $3000. She harrassed me by phone, fax and postal mail for WEEKS! I turned her into the mortgage brokers association here in Indiana and they did just what a judge would do to your lady. Laughed at her and denied her claim. You CANNOT assess fees for something you didn't complete unless you have it signed and in writing that such fees will be assessed.

*Dreams are within reach, you just have to go that extra mile to catch them*
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post #16 of 41 Old 07-03-2010, 03:05 PM
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Ok so your mom signed a legally binding contract so you did waste this womans time and it was considered sold once the contract was signed so I would have taken the ad of then also. You should not have signed it and then backed out. I would pay the 40.00 for her time and look at is as an inexpensive lesson. Legally you are obligated to buy the mini and the 40.00 is a settlement and then you are legally out of the contract.
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post #17 of 41 Old 07-03-2010, 03:28 PM Thread Starter
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Quote:
Originally Posted by churumbeque View Post
Ok so your mom signed a legally binding contract so you did waste this womans time and it was considered sold once the contract was signed so I would have taken the ad of then also. You should not have signed it and then backed out. I would pay the 40.00 for her time and look at is as an inexpensive lesson. Legally you are obligated to buy the mini and the 40.00 is a settlement and then you are legally out of the contract.
Yes, but she never got the contract as it was sent back. after we got our horse.
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post #18 of 41 Old 07-03-2010, 06:18 PM
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Quote:
Originally Posted by churumbeque View Post
Ok so your mom signed a legally binding contract so you did waste this womans time and it was considered sold once the contract was signed so I would have taken the ad of then also. You should not have signed it and then backed out. I would pay the 40.00 for her time and look at is as an inexpensive lesson. Legally you are obligated to buy the mini and the 40.00 is a settlement and then you are legally out of the contract.
Actually, that's completely incorrect. If a down payment had been paid, then yes, she would have the right to keep it. However, she SPECIFICALLY stated in her contract that if it could not be honored by August, that the horse would be repossessed and all monies kept. She had every right to keep that $5, HOWEVER, there is ZERO legal obligation for HER to decide her time was worth $40.

I have my time wasted every single day by farriers, people viewing horses for sale, people taking riding lessons, etc. I do not have the right to determine they have wasted my time and charge them money for it. I could TRY but without a contract I would never win.

Legally, no, she is NOT obligated to buy the Mini as the contract already states IF it is not completed by August, it essentially becomes moot. It's the womans own fault she didn't keep whatever money had been paid or that she didn't require a down payment.

Quote:
I hope God tells her to smash her computer with a sledgehammer.

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post #19 of 41 Old 07-03-2010, 10:27 PM
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Join Date: Oct 2009
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Personally, I think the OP should forward all mail from this woman to her Mom from now on. The OP is a minor, and the owner of the mini is threatening her (I agree, though, that reporting someone as a scammer sounds very minor to me) and hassling her.

Also, OP keep copies of all the e-mails both sent and received so you have a "paper" trail if necessary.

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post #20 of 41 Old 07-04-2010, 12:34 AM
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Join Date: Mar 2009
Location: Washington
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If the lady never received the contract then the contract was never actually confirmed. She's can't do anything about it. Tell her to go ahead and report you as a scammer...oh gosh...big deal!! Don't let her scare you...she's just upset that the sale didn't happen. She sounds like an idiot. She shouldn't have been so stupid as to pull the ad before you even paid or picked up the horse.

I've spent most my life riding horses...the rest i've just wasted.
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