paying for a dead horse? - Page 2 - The Horse Forum
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post #11 of 29 Old 09-07-2013, 04:52 PM
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you finance a car and total it coming out of the dealer parking lot, Guess what? you still have to pay for it.
Legally the purchaser owes the full amount once transfer has been made. doesnt matter if it drops dead the next day. Same as if you go to an auction. You bid on a horse, hammer falls that horse is yours even if it drops dead.

Now good luck on enforcing that without a contract. Not to mention Id expect most sellers to let it slide. But they dont have a legal obligation to,

hard to say on the vet bill, if vet refuses to euithanize unless she has proof leg is broke, who knows. but if it was that obvious, and there was no refusale to euthanize I wouldnt pay.
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post #12 of 29 Old 09-07-2013, 04:56 PM
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I would forgive the debt, because it's tragic.

But logically she took on an animal and they don't have a warranty.
Like if I bought a house from the bank without one, made money renting it,
then it collapsed, I would still have to pay for the house.

*Posted this before yours showed Joe, agree.*

You can get a lot further with a ladder than you can with crutches!!
What do you mean what do I mean?

Last edited by FlyGap; 09-07-2013 at 04:58 PM.
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post #13 of 29 Old 09-07-2013, 05:01 PM
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What a tricky situation.

If it were me, I wouldn't expect the rest of the payment, but maybe I am being influenced because it isn't a lot of money. I wonder if I would change my mind if it were a $10k horse that the new buyer has been riding and competing on.

I don't really know what to think. If the horse had been kept with its owner until it was paid off, then she can't sell a dead horse. So would have to refund payments.
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post #14 of 29 Old 09-07-2013, 05:38 PM
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If itI were me, I'd feel obligated to pay the rest of the money. The seller did the purchaser a favor and agreed to take payments. It's not their fault the horse dropped dead before full payment was received. Purchaser still owes the seller the remainder of the agreed upon price.

You want the truth? You can't HANDLE the truth!
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post #15 of 29 Old 09-07-2013, 06:32 PM Thread Starter
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I agree that it should be paid. But it would be gracious of the seller to dismiss the remainder. With no contract, its up in the air. I just wanted to make sure j wasn't being heartless thinking it should be paid for even though the horse died.
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post #16 of 29 Old 09-07-2013, 06:40 PM
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I'm in the pay for the dead horse pond. It's sad, but such as it is. The agreement was made. Unless there is some kind of proof that the horse had a pre-existing health condition that the seller knew about, the purchaser is obligated to pay.

If the purchaser had paid for the horse in full a month ago, rather than on installments, I doubt anyone would even be asking the question.

OTOH, if I was the seller, I'd feel really bad for the purchaser and try to help. Maybe by helping to find another horse, or forgiving the debt (since it's relatively small), or at least delaying the requirement to pay. I'd want to do something for the purchaser.
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post #17 of 29 Old 09-07-2013, 07:01 PM
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Quote:
Originally Posted by Speed Racer View Post
If it were me, I'd feel obligated to pay the rest of the money. The seller did the purchaser a favor and agreed to take payments. It's not their fault the horse dropped dead before full payment was received. Purchaser still owes the seller the remainder of the agreed upon price.
I sort of agree with this. If I had been the buyer, I would still feel obligated to pay off the remainder of the balance.

HOWEVER, if I had been the seller, just through my own personal preference, I would likely forgive the remaining balance unless it could be proven that the new owner was somehow at fault through either negligence or ill-treatment.

Since it was really a relatively cheap horse, I wouldn't be losing too terrible much just chalking it up as a loss and, if it truly was just some freak thing (aneurism, heart attack, lightening, etc), then I would just write it off as a tragedy for everyone involved.

If it had been an expensive horse, then it would have been paid in full before it ever left my barn and I wouldn't have had to worry about it.
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post #18 of 29 Old 09-07-2013, 07:40 PM Thread Starter
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They have already been offered a free horse to replace the one that died, from a different person. Now that I know about the situation I kinda think they should take care of the previous obligation before they go and pick up another one, free or not. I could just be off my rocker though.
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post #19 of 29 Old 09-07-2013, 09:26 PM
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I think it depends on the reason the horse was sold. If the horse was sold some one because they make their living training and selling horses than pony up the cash. If the horse was sold to someone in the spirit of giving it a new home, ie the horse had been outgrown, a child had lost interest etc than I would say forgive the debt and let bygones be bygones. In the end, if I was seller I would not expect more to be paid (I tend to fall in to the "it needs a good home camp"). If I was the buyer, I would be prepared to pay the full amount because realistically it was in essence my property.
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post #20 of 29 Old 09-08-2013, 09:26 AM
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i think the issue really is financing an 800 horse.
Seriously what a crock. sounds irresponsible on both parties. If a buyer cant come up with $800 to buy a horse how on earth you gonna expect them to actually be able to take care of the horse in some reasonable fashion.
The seller set that horse up for failure from the get go.
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