Right of First Refusal - Page 4 - The Horse Forum
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post #31 of 63 Old 02-19-2013, 09:03 AM Thread Starter
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The only time someone wanted to see my property before I bought a horse, I let them. I spent the previous day making sure.everything was perfect, not a stray dog toy in the yard and even the big water trough was scrubbed back to a brand new look. They came, said everything looked great, said they'd call later that week to trailer the horse, and I never heard back. So that kind of soured my whole experience with letting people inspect. None of my horses have come away with as much as a bruised hoof or a bad scrape, they are all a good weight and you won't find a burr or a tangle in their mane and tail. So, no, whatever my next horses are, it will not be at the discretion of some snob who can't or won't keep said horse for sale.
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post #32 of 63 Old 02-19-2013, 09:13 AM
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Originally Posted by Nightside View Post
The only time someone wanted to see my property before I bought a horse, I let them. I spent the previous day making sure.everything was perfect, not a stray dog toy in the yard and even the big water trough was scrubbed back to a brand new look. They came, said everything looked great, said they'd call later that week to trailer the horse, and I never heard back. So that kind of soured my whole experience with letting people inspect. None of my horses have come away with as much as a bruised hoof or a bad scrape, they are all a good weight and you won't find a burr or a tangle in their mane and tail. So, no, whatever my next horses are, it will not be at the discretion of some snob who can't or won't keep said horse for sale.
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I'm a private person. I hate the thought of someone I don't know coming to inspect my property to see if its up to their standards, snooping around, putting their noses where they don't belong. I'll answer any questions a seller may have. But coming to inspect the property is going too far. If they find a reason not to trust me in all the answers I give and seeing me ride, then forget it. Horses are a dime a dozen. I don't need their horse; my money will be just fine to someone else.
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post #33 of 63 Old 02-19-2013, 09:16 AM
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Originally Posted by WorshipWarrior83 View Post
SR they are talking about before the sale. Wanting to ensure you take care of your horses before selling you the horse is smart.

I know what she's talking about, and I simply don't agree with it. If references from my vet, farrier, and horse owning neighbors aren't enough to set your mind at rest, I'll find another sale horse whose owner isn't a control freak.

My horses are well cared for. Insinuating that you think otherwise and have to visit my property beforehand just in case is insulting.

You want the truth? You can't HANDLE the truth!

Last edited by Speed Racer; 02-19-2013 at 09:21 AM.
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post #34 of 63 Old 02-19-2013, 09:23 AM
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I would agree that if yo have references from all those people then that should be good enough. I missed where you said you had all that.

Without references Id most certainly want to check out the situation to make sure Im not walking my horse into a bad situation just because they don't work for me any more.

Id be more concerned about people that don't care who they are selling to than someone just trying to make sure their friend finds a good home.

"For I know the plans I have for you," declares the LORD, "plans to prosper you and not to harm you, plans to give you hope and a future." Jeremiah 29:11
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post #35 of 63 Old 02-19-2013, 09:28 AM Thread Starter
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I am the same way, Speed Racer. When I had less of my own horses I thought of pasture boarding one or two to help offset the cost of my horses. But every time I think about it, I imagine some busybody letting my dogs loose or messing with my other critters, leaving gates open, or just hanging around too much for my tastes. I go about 2 weeks before I have to go into town and see another human being, aside from my neighbors who also keep to themselves. I like it that way.
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post #36 of 63 Old 02-19-2013, 09:31 AM
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It's nobody's business where I live unless they're a neighbor, friend, employer, or relative. Somebody with whom I'm doing a simple financial transaction doesn't fall into any of those categories.

I'm fiercely private, and intend to keep it that way. If you think I'm going to let some random stranger waltz all over my property to 'approve' it for their Precious, then they can keep Precious and continue to bemoan about how hard it is to sell the animal.
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post #37 of 63 Old 02-19-2013, 09:59 AM
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I sold a horse with a clause in the contract saying that if they sold her, they needed to offer me the chance to buy her back at the same price I sold her. I also gave them the right to return her for any reason within 90 days for a full refund.

2+ years later, I've never contacted them about her. They could probably sell her to someone else, and I wouldn't know for some time. If I found out, then I could make a claim against them in small claims court for the value of the horse, which was $600. Would it stand up? Don't know. Don't know if the contract we wrote up by hand would enable them to have forced me to take her back for any reason within 90 days, either.

She was a sweet, good mare. I sold her because she hated Trooper as much as he hated her. My vote was to keep the mare. The rest of the family voted to keep Trooper. The intent was just to keep her from being dumped at some time in the future. In return, they had 90 days to decide if they wanted to keep her.

She lives about 2 miles from here, and I'm told by our shared farrier that they think she is a great horse.

Short discussion here:

https://en.wikipedia.org/wiki/Right_of_first_refusal

Riders ask "How?" Horsemen ask "Why?"

Last edited by bsms; 02-19-2013 at 10:02 AM.
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post #38 of 63 Old 02-19-2013, 10:08 AM
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I only have an issue with the right to purchase at the price they paid you for the horse. If they had invested a lot of time and training into the horse and they had to come back and offer it back at the same price Id say thats a bit unfair.

I mean market value for a trail riding horse and a barrel racing horse is considerably different so what if they had started training and competing with the horse on barrels. Your 500.00 trail horse may have just become a few thousand dollars more than that depending on how good they got at it so putting in your contract they have to sell it back at the same price they bought it for is a deal id never take for any horse.

"For I know the plans I have for you," declares the LORD, "plans to prosper you and not to harm you, plans to give you hope and a future." Jeremiah 29:11
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post #39 of 63 Old 02-19-2013, 10:11 AM
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Originally Posted by Speed Racer View Post
...I'm fiercely private, and intend to keep it that way. If you think I'm going to let some random stranger waltz all over my property to 'approve' it for their Precious, then they can keep Precious and continue to bemoan about how hard it is to sell the animal.
That is your right, and it is their right to put into the contract whatever they want. And if the parties don't agree, then the sale falls thru. There is nothing immoral about wanting to make sure a horse's new home isn't awful, nor is there anything immoral about wanting the option to buy a horse back. No one forces another person to agree to a contract. As long as both sides know what is in the contract, then both sides can agree or not - and live by their agreement.

There may be states that prohibit right of first refusal contracts. If so, state law would override the contract. If someone REALLY wants to know what is legal, they need to ask a lawyer licensed in their state. I know our local county bar association has a program where you can discuss an issue for 30 minutes with a lawyer who specializes in that area for a flat fee of $35 - money well spent for anyone who is serious.
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post #40 of 63 Old 02-19-2013, 10:15 AM
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Originally Posted by WorshipWarrior83 View Post
I only have an issue with the right to purchase at the price they paid you for the horse. If they had invested a lot of time and training into the horse and they had to come back and offer it back at the same price Id say thats a bit unfair...
Why is it unfair? If it is in the contract, they know it in advance and can decide how they want to proceed. In my case, I also took the risk that they would ruin the horse in 90 days - which is entirely possible - and I'd have to buy her back and try to undo the harm. And since it was in our contract, I'd have no right to complain...

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