Right of First Refusal - Page 5 - The Horse Forum
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post #41 of 63 Old 02-19-2013, 10:30 AM
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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...

You can put anything you want in the contract. That is your right. I'm sure there are plenty of other people who will sign; I happen to be one that would not. There are plenty of other horses out there that come no strings attached. For me, it would be a deal breaker. And I'm sure you wouldnt bat an eye by me not signing. But because I wouldnt sign, doesnt mean the horse would have a horrible home.
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post #42 of 63 Old 02-19-2013, 10:37 AM
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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.
Absolutely. Except in my case, there wouldn't be any sale to fall through. The first mention of crazy conditions and I'd smile, thank them for their time, and walk away.

I still say if you want to keep your thumb on Precious then lease the animal, and don't try to sell it with silly stipulations.

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post #43 of 63 Old 02-19-2013, 10:53 AM
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I didn't read the whole thread. I did ask the lady who bought Gracie to please let me know if she ever planned on selling her, as I would like the opportunity to buy her back at whatever price associated with added training. Will I pitch a fit if I find her on Craigslist without being contacted. No. If I have the means to buy her back at the time, I'll just respond and say I would love to have her back. I am aware that she isn't my horse anymore, I have no right to her at all. The new owner offered to send updates, and even gave me a vague invitation to visit her, but I do not ever plan on just stopping by. People who expect anything from the new owner are fooling themselves. You sold the horse. You have no rights.
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post #44 of 63 Old 02-19-2013, 11:29 AM
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ricci that is is your opinion. In certain states if you have a contract then what that contract states is what goes.

Now weather someone would do a deal with someone with a contract that had too many stipulations is one thing but if you agree to the contract and they do too then you have every right to expect it honored
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post #45 of 63 Old 02-19-2013, 11:43 AM
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I think with most people it's just because they have genuine concern for the animal they have sold you and don't want it passed around, which could potentially be upsetting for the horse. When I purchased my boy, the lady asked if I should ever sell him to give her first refusal. I have no intention of parting with him and the seller and I are still friendly. :)
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post #46 of 63 Old 02-19-2013, 11:53 AM
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If you're that worried about the horse's mental state, then why are you selling it in the first place?

Honestly, I find all the angst to be something of a disconnect. If you were really that concerned about the animal you'd be moving heaven and earth to keep it, not putting a monetary value on it.

I'm truly puzzled. You want me to PAY you for it, but you think I should have to keep it forever when you weren't willing to do the same thing? How does that even make sense?

I'd be more than happy to offer you the horse back at my determined price as a courtesy should I ever decide to sell, but if you can't afford it how does that set your mind at ease?

I tend to keep my horses for life, but to have someone TELL me flat out that they expect ME to do something THEY weren't willing to do, is ludicrous.
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Last edited by Speed Racer; 02-19-2013 at 12:00 PM.
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post #47 of 63 Old 02-19-2013, 12:30 PM
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so right after first right of refusal, put in permanent lifetime money back guarantee. seems thats what people are saying. Id be good with that.
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post #48 of 63 Old 02-19-2013, 12:37 PM
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so right after first right of refusal, put in permanent lifetime money back guarantee. seems thats what people are saying. Id be good with that.

The problem is, if you buy a young horse and then put training on it, it will increase in value. You're not going to want to sell the horse for a fraction of what it's worth.

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post #49 of 63 Old 02-19-2013, 12:44 PM
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It seems to me that many take a simple concept of "first right of refusal" and try to shove every other stipulation they can under that heading. First right of refusal is exactly what it says - when the horse is up for sale the previous owner gets offered a chance to buy the horse at that time. A few stipulations may be added as to price (set value determined in contract vs. fair market at the time) and how many days they have to decide, etc. And if the owner turns down the horse at that time - then they are done. That First Right of Refusal does not carry over to the next owner - they have no obligation.

Now I did see a crazy contract that stated that the first right of refusal would follow the horse and any following owners would have to agree to those terms. Seriously? I don't see how they think that is legally binding at all. First Right of Refusal is tricky in of itself.

First Right of Refusal does NOT include - property visits after the sale, updates, conferencing the old owner for approval of what the horse eats or does, etc. If I wanted that I would go through a rescue/adoption.

All I pay my psychiatrist is cost of feed and hay, and he'll listen to me any day!

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post #50 of 63 Old 02-19-2013, 12:46 PM
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On a related question - how many are fine providing references of vet, etc?

My newest horse needed references - which I had no problem. But it sounded like she got a lot of flack from other potential buyers when asking for references. I'm just curious how others feel.

All I pay my psychiatrist is cost of feed and hay, and he'll listen to me any day!

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