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I have traded a horse worth 4000$ for a horse that is worth less then 1000$ I was not at the farm when the horse arrived my parents did the trade for me, they thought I knew about the health condition of the horse. I found out s couple hours after the trade I found out the horse I traded for has a sarcoid, the lady told me it wasn't that big of a deal and if it was a problem she would bring back the horse and trade back, I told her quot: "It's okay I talked to her, do you want to do a 2 week trial just to make sure that they are a fit for each other" she agreed saying quot : " If that's what you'd like to do, I am fine with that. I'm taking my daughter out to the farm to see Alex again. She just loves him. All I hear is "mommy, can we go ride Alex?" 馃槂" I have asked for my horse back as the horse I traded for was not what I was excepting quot: "Hi,name i dont think its going to work out, i think its best if Alex comes back" she avoids my message and sends me a message today quot: "Just finished at a meeting with my lawyer who reviewed the entire conversation we had on Facebook (including the messages where you and your mother both openly admit you are locking a horse up and the post you made attempting to make me out to be a liar) and listened to the situation - as soon as registration papers changed hands (equivalent to a bill of sale), the trade was a done deal. There was no agreement/contract signed in writing for any stipulations or specifics - like a trial period - BEFORE the trade took place. It was a straight across trade, horse for horse.

I've also spoken with a member of the Craik RCMP who also agrees that the deal is done and over with.

Have a nice day." later she wrote quot: "If your most recent status update is directed toward me - I suggest you stop it. Everything you have messaged me and any posts you've made regarding me or the horse - is sitting in my lawyer's office. I have screen shots of everything." I politlely told her quot: Excuse me but that's towards my mother, and I would like it if ur lawyer contacted me or my mother
Thank you"
I really think this girl is lying about a lawyer as she just told me another quot but I really do want help as I really do not know what I can do in this situation. Her quot: "My apologies - I thought it was directed at me.

You can seek legal counsil from your own lawyer. Thank you."

Please if anyone can give me advice that would be great!!
 

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Unfortunately, she is right. The deal is done. If she will not agree to trade back, you're just going to have to cut your losses. I have been in this situation (on the other end) and there's pretty much nothing you can do. It sucks, I know.
 

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Well, IMO a horse is only worth what someone is willing to pay. So the lady you traded with may have very well thought it was an even trade...or that she got the short end of the stick.

I think this is the same horse in another thread here and that it has sarcoids. PPE would have helped and so would you being there when the trade took place.

I would find it hard to believe that no everyone of us has at some point lost money dealing in horses. Sorry to hear this happened, but I do not believe you have recourse.
 

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I think you're out of luck. You should have gotten a PPE. Your parents should have waited for you.

If your horse is worth so much and the other so little, why in the world would you agree to a trade like that?
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I had no idea the horse had sarcoids or I would have never done the trade, we are located in Saskatchewan. I got his papers back in my name as I phoned the registry and told them the deal was a no go and the lady will not return the horse, they cancelled the transfer and sending me a certificate. But is it illegal to do what I did? I talked to a lawyer and he said we could sue for the knowledge with held and putting other horses in harms way. I'm just not sure if I want to sue as all I want is my horse back.
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I dont understand why anyone would buy a horse without even trying it never mind looking at it. If you cant see the horse in the flesh then you should certainly have had a PPE.
I'm sorry you are in this situation but I cant see that you have any way out of it. I will look for the thread on the sarcoid. Does your vet think its life threatening or more cosmetic and can be safely removed? There are grey areas as to whether they are considered to be an unsoundness - if it is then you might have a case as in a reputable sale a known unsoundness has to be declared
Posting these sort of legal arguments between a seller and a buyer on facebook is a really bad idea - communications like this are best kept on a private level at this stage.
A letter from your lawyer backed up by your vets opinion on the sarcoid need not involve actually sueing this person but could be enough to make them agree to what you want
 

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Your post is extremely hard to follow...

Are you saying the other horse owner offered your horse back when you first discovered the health problem and you said no, let's do a two week trial? Why didn't you agree to switch back then? Why give her daughter more off an opportunity to bond with the horse? The way you worded it makes it sound like you would only need to switch back if SHE decided that your horse wasn't a good fit.

Something isn't adding up.
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Based on her other thread, I'm thinking this is more a matter of sour grapes and seller remorse than anything else.

If the horse has sarcoids so badly that her health is severely compromised, the OP should have been able to see them.
 

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You called and told the registry that the sale was off even though it's not? Yes, that's illegal. You can't go behind her back to take the horse's papers back. She's not going to give your horse back if she doesn't want to. And I don't think you should sue because I don't think you'll win. Your lawyer just wants to get paid.
 
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Just read the other thread and I wish the other party was a member here so she could provide these threads to her lawyer. I can't believe this poster is planning on putting one horse down and taking back the other.
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I'm confused, either you knew about the sarcoids before the trade went through or after....

At any rate it really sucks to be you when the other party involved in the trade finds out you cancelled the transfer on the registration papers. Shannon is right, it was illegal what you did. I hope you have a really good attorney...but I hope you are more mature in the next deal you make on a horse, because it seems as though you want to blame your parents for your mistake by your decided absence on the day of the trade. Please educate yourself in the horse world and in the law beforehand...ALWAYS ALWAYS have a licensed vet perform a PPE on a horse that you plan to acquire. It will save you from situations like the one you're in now.
 

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Just read the other thread and I wish the other party was a member here so she could provide these threads to her lawyer. I can't believe this poster is planning on putting one horse down and taking back the other.
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Can you post the link to this other thread?
 

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Pretty sure the OP is just talking big. If she indeed did have an attorney, they would be telling her to keep her fingers quiet.
Sorry, what I meant by that was that I hope she has a really good attorney who can fast talk her out of serious criminal charges, when the other party finds out what she did when she cancelled the transfer on the reg papers.
 

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Sorry, what I meant by that was that I hope she has a really good attorney who can fast talk her out of serious criminal charges, when the other party finds out what she did when she cancelled the transfer on the reg papers.
Oh - I totally understand what you are saying!

Typically when folks jump on their computer and start throwing "my attorney" around, there is NO attorney.

Also - unless things are different in Canada - if this person is under 18, she can not enter into a binding contract.
 

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Between the two threads I am astonished. You traded horses without seeing them and without a PPE, and now you want your horse back, going so far as to illegally try to get the papers back. You're upset about it and are willing to put the poor horse to sleep because of YOUR mistake. That's awful, and I don't have any sympathy for you. If you're so upset about the horse, instead of killing it off why don't you give him away or try to sell him? You aren't going to get your horse back, it's a done trade without contract.

I'm sorry to be so blunt, but you sound irresponsible and guilty about trading away your horse. It's your responsibility to go see the horse beforehand, ride it, get a PPE and draw up a contract. Otherwise, things like this happen. Please don't make the horse pay for your mistakes. His sarcoids are NOT contagious, despite what you seem to think, and they don't sound like they are serious enough to affect his health. A horse is an animal, not something to throw away if you decide you don't like it.

EDIT: mls, yes, she can't enter into a binding contract, but her parents can. They seemed willing to help out. Any contract is better than no contract at all.
 

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Can a person just call a registry and tell them not to transfer the papers that the trade was going to be null and void? Seems outrageous to me...
I was wondering about that, too. If you CAN do that, that is a seriously flawed system. Once you sign the papers over, that should be it.
 
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If the papers have been signed over, the registry shouldn't just go by what some disgruntled former owner is stating. That can get them into some very legal hot water.

Besides, registration papers don't denote actual ownership. If they did there are a lot of horses out there who still belong to their breeders, since subsequent owners never bothered to transfer the animal into their name, or the papers were lost.

For that particular registry they denote ownership. For the general purpose of law, a bill of sale supersedes registration paperwork. The only thing blocking a transfer does is make sure the new owner can't take their horse to breed shows.
 
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