Right of First Refusal - Page 6 - The Horse Forum
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post #51 of 63 Old 02-19-2013, 12:48 PM
Weanling
 
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id have no problem with giving that myself. Though it would suck if your going to be a first time horse owner.

The only reference you might have then would be from a trainer you took lessons from.

"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 #52 of 63 Old 02-19-2013, 12:58 PM
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To me if someone seems to care where they're horse is going and wants to have first right of refusal (that does not mean they have the right to check up on it after the sale and the return sale price would be negotiable depending on many things) then I would be more inclined to think that the horse was genuine and not some drugged up unsound nutter that somewone wanted to cut and run from
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post #53 of 63 Old 02-19-2013, 01:00 PM
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I think adoptions rely more on personal references when it comes to a first time owner, anyone they took lessons with, and if the horse is going to borded - talk with the bording facility to make sure its all lined up. And if they have another pet - cat or dog - then a vet reference there can be used just to show that they properly care for their animals. I would think a private sale would be similar?

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

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post #54 of 63 Old 02-19-2013, 01:05 PM Thread Starter
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I wouldn't have a problem giving a vet reference, although a vet wouldn't have much to say. I do shots and minor treatments myself.about all a vet could say is that my horses have coggins done and my dogs have rabies shots. Oh, and my ponies have worm in the poop I dropped off. Not very helpful, since all of those are pretty cheap, bare bones care. I would just rather do it myself and save a few bucks.

My neighbor could say that the horses get fed twice a day, and he has probably seen me brushing them. I know his dogs name but I've had two, brief conversations with him since I moved in October. It would be weird to knock on his door and ask for a reference. So I probably wouldn't bother with someone checking references. I will answer questions on care and things like that and while bad people can come from all walks of life, the people I have gotten horses from all say I seem like a nice person, hand over the lead rope, and that is the end of it.
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post #55 of 63 Old 02-19-2013, 01:44 PM
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i just looked some of the law up on this, basically FROR is a joke, it is pretty meaningless and non enforceable, and in most states not even legal. SO put all you want in the contract. You really have no way of doing anythign about it anyway. For one even IF the contract is legal, and thats a big IF, if horse is sold to a third party all you could do is suit for damages. If a horse you dont own and isnt on your property and isnt used by you and you havent seen in years and you have already recieved FMV for, is sold what damages have you incurred ? No more than if I sell my horse now. No damages no claims, no nothing.
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post #56 of 63 Old 02-19-2013, 01:47 PM
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well I would say that on a ROFR you could put in the language that if the horse is not offered to you first then you reserve the right to collect the full sale amount. I would also insist that the deadline for decision be no more than 1 week. After 1 week the original seller loses the ROFR and you can sell to whomever you please.

"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 #57 of 63 Old 02-19-2013, 01:53 PM
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So...what if you've bought a horse, signed a contract that included giving the old owner first right of refusal - no pricing stipulations, just a clause stating you will give them the first opportunity to buy if you decide to sell...BUT, this is not a home you'd want the horse going back to? Would you still be alright with honoring the contract if it puts the horse in a bad situation?

I'm with Speed Racer on this, I don't like strings. Rescues and Private Sellers alike are welcome to attach whatever strings they'd like to what they want to sell, but I won't be buying.
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post #58 of 63 Old 02-19-2013, 01:55 PM
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what ? you have already collected the full sale amount when you sold the horse.
for a normal horse transaction, if the new owner resells it, the old owner has suffered ZERO damamges, therefore has no claim. doesnt matter what the bill of sale says.
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post #59 of 63 Old 02-19-2013, 01:59 PM
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There are a lot of legal ROFR clauses that include that if the horse is not offered back that the penalty will be the amount originally paid for the horse.

So if you paid me 500 for the horse and then sell it without offering it back to me the penalty would be 500 and if you refuse to pay despite signed contract then I can assure you that it would indeed be a breach of contract and I would be able to sue for that 500.

After the horse is sold to someone else its too late to get the horse back legally and thats where you could sue for damages.

Also if you find out about the sale prior to its completion you could go to court and get an injunction until your rights as stated in the contract are honored.
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"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 #60 of 63 Old 02-19-2013, 02:07 PM
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I'd be hard-up to provide vet references since I don't use a vet for much of anything unless I'm stumped. The vets I have used were my employer's vets for my employer's horses who needed a vaccination record, coggins and health cert to travel or be sold. Other references (professional, personal, farrier) would be fine.

I would never allow someone on my property. I don't know them. I don't know their background. I don't want them knowing where I live. I don't want them knowing where I board. I don't want them around me. I didn't show up at their facility begging for friendship or to be stalked. I want the piece of property they're selling.

In return, I don't ever plan on visiting a location that my horse will go if sold. Again, I don't know them. They don't know me. Its dangerous to go inspect a stranger's property. The check clears and the references check out, then come get your horse.
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