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Discussion Starter · #1 · (Edited by Moderator)
I have had alot of health problems so I decided to lighten my load and sell one of my horses. The lady that wanted her gave a deposit.
She was told of all the health issues the mare has.

She is navicular and if I sold her she would have to remain on my property so I could make sure she got feed and cared for properly. She agreed to all my terms.

Well the week she started coming over and feeding her she changed my mares feed. I feed her Safechoice 14 percent she started giving her 12 percent. Not good, the mare is in her 20s and is hard to keep weight on. After about a month my mare dropped weight. I told her once again to put her on the feed she was on.

I almost forgot this part; she had two other horses that she begged me to board here. They were very under weight and I new they needed help. She was only feeding them one scoop twice a day and only 12 percent. I told her if she wanted them to get healthier she need to listen to me. I started feeding her horse 2 scoops twice a day and all the hay they wanted she finally bought 14 percent feed but would keep changing it.

Her one horse had no ground manners at all and ended up hurting me, breaking 3 of my ribs. I told her the horse had to go. Things with her changing the feed kept going on for several months. I finally told her I have decided not to sell the mare.

I feel she is better of with me and now she is begging to still get the horse when I have told her no the payments that she made were monthly. I told her that's how I would give her back her money and told her I just couldn't trust that she would care for the horse the way she needed to be. She has already showed me that. Since then I have found out she has been to the court house trying to make me sell her the horse .I told her that's fine I will see you in court .I also have vet records of the hundreds of dollars I spent on this mare to get her healthier and be put on equinox for the navicular.
 

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First once you sell a horse you can not control where that horse goes or how it’s cared for so if that is how you want it to be I would not sell or I’d look for a lease option.
Second I’d hope you have a contract regarding the payment process you set up with her. I am not sure how that will play out with her going to the courts but if you entered into a contract and she has already paid a large sum with proof that she is timely on payments the court i assume could side with her.
im sorry this isn’t playing out how you thought it should, unfortunately part of the downside to selling. However,If you are cancelling the sale you need to refund the full amount or atleast 3/4 of the amount in full, not monthly.
 

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I am not sure what you are asking here or are just venting. Trying to sell a 20 something Navicular horse is a hard sell, and then demanding that the horse remain on your property is even harder to swallow. Once you sell a horse - no matter where it stays you have no say in what it is fed etc. It sounds like you never really lessened your load if you demanded the horse stay on your property. Is the mare ridable? Was the person riding the horse? It sounds like what you wanted was someone to step in and start paying the horses up keep but let you call all the shots.
 

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You accepted a deposit for the horse and monthly payments for the balance of the sale price to be paid in full...
Was the balance ever paid in full?
The horse since it never left your property or care as it sounds it was not paid in full for...well, there should of been a written agreement signed by both of you, both with copies detailing the payment information, detailing how, and where the animal was to be kept until paid in full.
Now if the horse was paid in full, then you don't own the animal anymore and you have no right to dictate where the animal is kept/boarded at, nor the right to dictate anything about care or feeding of that animal.
You no longer own and gave up that decision making ability when you sold.
If you don't trust anyone to do as you want, how you want then don't sell.
But to sell or enter a legal agreement for selling...if those payments were completed, the horse paid in full then you have no right and in a court of law you will lose...

If you are reneging on the sale agreement just because...you might also be held accountable for breaking a legal contract.
To decide to return money a dribble at a time...not sure you would get away with that either..
If the horse was not paid for, you the owner wants the contract broken because the written terms were not upheld...then you also owe to the buyer possibly compensation.
That might be why the buyer went to court...cause you can't have the horse if they paid in full as the prior agreement stated...new deal new arrangement and new contract dictated by the now owner you face and what was good for you may not be good for the other party.

But if the horse was paid in full...you don't own and no longer dictate anything.
The horse is free to go with its owner and you are out of the picture, period.

You're trying to close the stable doors after the horse left the barn is a old-time saying...in this case it fits.
Sorry, but if the other party fully paid ...say goodbye to the horse.
You have no rights to it and what you are trying to do is possibly steal the horse...
Do indeed watch what you do by laws legal.
🐴... .jmo..
 

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Discussion Starter · #5 · (Edited by Moderator)
You accepted a deposit for the horse and monthly payments for the balance of the sale price to be paid in full...
Was the balance ever paid in full?
The horse since it never left your property or care as it sounds it was not paid in full for...well, there should of been a written agreement signed by both of you, both with copies detailing the payment information, detailing how, and where the animal was to be kept until paid in full.
Now if the horse was paid in full, then you don't own the animal anymore and you have no right to dictate where the animal is kept/boarded at, nor the right to dictate anything about care or feeding of that animal.
You no longer own and gave up that decision making ability when you sold.
If you don't trust anyone to do as you want, how you want then don't sell.
But to sell or enter a legal agreement for selling...if those payments were completed, the horse paid in full then you have no right and in a court of law you will lose...

If you are reneging on the sale agreement just because...you might also be held accountable for breaking a legal contract.
To decide to return money a dribble at a time...not sure you would get away with that either..
If the horse was not paid for, you the owner wants the contract broken because the written terms were not upheld...then you also owe to the buyer possibly compensation.
That might be why the buyer went to court...cause you can't have the horse if they paid in full as the prior agreement stated...new deal new arrangement and new contract dictated by the now owner you face and what was good for you may not be good for the other party.

But if the horse was paid in full...you don't own and no longer dictate anything.
The horse is free to go with its owner and you are out of the picture, period.

You're trying to close the stable doors after the horse left the barn is a old-time saying...in this case it fits.
Sorry, but if the other party fully paid ...say goodbye to the horse.
You have no rights to it and what you are trying to do is possibly steal the horse...
Do indeed watch what you do by laws legal.
🐴... .jmo..
There is no contract. When she kept begging that she wanted the horse, she could only make payments. She bought feed but it was not what the horse was getting at the time. The horse is not paid for and she did sign a contract saying that the horse would remain on my property. She agreed to these terms and signed a contract. There is no contract for money that has been given. I am doing what I feel is best for the horse because since she has made payments, the horse has lost weight because of not having the proper feed and I would rather push myself health-wise and continue to keep the horse and feed properly then see her go down hill. I am still the one buying her equinox.
 

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Discussion Starter · #6 · (Edited by Moderator)
First once you sell a horse you can not control where that horse goes or how it’s cared for so if that is how you want it to be I would not sell or I’d look for a lease option.
Second I’d hope you have a contract regarding the payment process you set up with her. I am not sure how that will play out with her going to the courts but if you entered into a contract and she has already paid a large sum with proof that she is timely on payments the court i assume could side with her.
im sorry this isn’t playing out how you thought it should, unfortunately part of the downside to selling. However,If you are cancelling the sale you need to refund the full amount or atleast 3/4 of the amount in full, not monthly.
The horse is not paid for in full and the girl did sign a contract saying that the horse would remain on my property. The reason I backed out of selling her is because the lady was not feeding her properly and the horse started losing weight. I still own the horse and pay for her vet bills she had 2 other horses boarded her that I had to ask her to move because one of the horses broke my ribs plus she could never pay her board on time. There is no contract of any money I was nice enough to let her make payments and I told her I will give her the money back in payments also or in full next month. I told her there was a death in the family and my brother in-law had no insurance. She has a pattern of boarding the horses she does own moving them from place to place because she does not pay her board
 

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So you are starting to fill in the many blanks but...

I'm really confused...
You say there is no contract but there is a signed document.
There is no contract for money she has given you...but when does the horse get paid in full by?
Is this person just giving you food money or is she actually paying for the animal???

If the horse is not paid in full, then any monies she gave you should be in a separate account you can access immediately and return all of her money as you've reneged on the contract as everything so far done is not to your liking.

If you are going to break a legal binding contract, verbal discussion or written it can be upheld in a court of law, then you better have at your disposal 100% of the money she gave you today, now...not at your convenience.
You need good reason to break that contract other than your opinion...
Proof, you need proof that nothing this buyer is doing is right..where's the vet on all of this? Where is their documentation of neglect and welfare of the animal is at serious risk and jeopardy
.
However, to me the onus of this is........you let the horse down.
You own the horse till the last $1 is paid and you are responsible for care and upkeep unless it was stated otherwise in your contract.
You state you own the horse...it is in your barn, on your property..
Who gets to break what, how money is returned and who shoulders the blame of "look what you allowed..." is going to be different a view based on where you stand and look through the window and see what is laid out in front of you...
Beware...
Sorry, it is how I see it. I wish you good luck.
🐴...
 

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The horse is not paid for in full and the girl did sign a contract saying that the horse would remain on my property .the reason I back out of selling her is because the lady was not feeding her properly and the horse started losing weight .I still own the horse and pay for her vet bills she had 2 other horses boarded her that I had to ask her to move because one of the horses broke my ribs plus she could never pay her board on time .there is no contract of any money I was nice enough to let her make payments and I told her I will give her the money back in payments also or in full next month .I told her there was a death in the family and my brother in-law had no insurance .she has a pattern of boarding the horses she does own moving them from place to place because she does not pay her board
Which is not how that works unfortunately, when you have someone making payments if YOU decide to back out YOU are responsible for returning the funds paid when you decide to terminate the sale. If someone told me “nevermind but I’ll get around to paying you back” I’d absolutely go to the courts.
Secondly if you knew this info about her why would you entertain the option to sell to her if you wanted such tight ropes?
you kee bouncing back and forth with there is a signed contract and there isn’t.

i feel there is more to this story and I’m going to bow out.leaving with this- I feel if you are going to back out you need to pay her back now(minus whatever she owes you in back board if that’s the case) not in payments or next month, family emergency is not her fault.
 

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Discussion Starter · #9 ·
So you are starting to fill in the many blanks but...

I'm really confused...
You say there is no contract but there is a signed document.
There is no contract for money she has given you...but when does the horse get paid in full by?
Is this person just giving you food money or is she actually paying for the animal???

If the horse is not paid in full, then any monies she gave you should be in a separate account you can access immediately and return all of her money as you've reneged on the contract as everything so far done is not to your liking.

If you are going to break a legal binding contract, verbal discussion or written it can be upheld in a court of law, then you better have at your disposal 100% of the money she gave you today, now...not at your convenience.
You need good reason to break that contract other than your opinion...
Proof, you need proof that nothing this buyer is doing is right..where's the vet on all of this? Where is their documentation of neglect and welfare of the animal is at serious risk and jeopardy
.
However, to me the onus of this is........you let the horse down.
You own the horse till the last $1 is paid and you are responsible for care and upkeep unless it was stated otherwise in your contract.
You state you own the horse...it is in your barn, on your property..
Who gets to break what, how money is returned and who shoulders the blame of "look what you allowed..." is going to be different a view based on where you stand and look through the window and see what is laid out in front of you...
Beware...
Sorry, it is how I see it. I wish you good luck.
🐴...
You don't see it at all the horse is one my property and the lady agreed to. The terms of the horse being left on my property after she is paid in full and I have several witnesses that can testify that while the lady was supposed to be caring for her while making payments that the horse started losing weight I still own the horse and have the right to make sure she is fed the correct feed at her age and she was not .I spoke with the lady several times about it and having to ask her to move the 2 horses she boarded here because of issues and I forgot I had to call the sheriff department to come to my property because her husband disrespected me and found out he already has issues with the sheriff's dept so I have that right to make sure my horse is fed properly and once again there is no money contract she gave me money when she felt like it .iam not trying to keep her money .she will get her money back I just want to be done with her
 

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Sounds like maybe getting a lawyer involved wouldn't be a bad idea. Seems like a bit of a tough situation. Good luck!
 

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I get it, I do...
You entered into a sales agreement without defining when payments were due or how much or for how long before said horse was paid for...
Called lease to own....
Did you ever settle on a price??? Makes no difference to me, but you have such a gray area of data recorded you have cornered yourself badly.
Now in the same breath you say you own the horse...so why was this lady permitted to bring in feed that you not use?
You shoulder that blame allowing...yes, your property, your barn, your horse...yet all this happened to your horse.
So...hand the women all her money and tell her to leave...but not in dribbles cause then she has right to be present on your property till she is compensated for all she spent including for food you did not want but did not stop her from feeding either.
You're in a pickle legally if this woman wants to press charges, she can...
I give a tip of the hat to any judge you stand in front of to decipher this mess...
I would suggest a lawyer as you're going to need one it sounds like.

I too am bowing out...
You say it is her fault when in reality since you say you never relinquished ownership it is then your fault what befell the horse.
You allowed cause you never relinquished ownership you were in charge of animal welfare maintained, you own the finger-pointed right at you.
You took money toward a agreed debt pay-off and now you want to keep that animal and not refund the money in full as legally should be done immediately...you're breaking what half-baked contractual agreement you had...not her.
That's not playing fair...
Yea, if it was me in the buyers position you would be served with papers to appear in court,...in front of a judge explaining this mess. Good luck.
I'm out...
🐴...
 

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This is a little confusing. I want to make sure I understand:

There is a contract that says she will board the horse at your place until the animal is paid in full.

There is no contract that states the dollar value of the horse?

I think you may need to talk to a lawyer on this one. I don't know what the legalities of backing out of an in-process sale is if the buyer is making the payments as promised. The fact that she changed feed and the horse is losing weight is not part of the original barter.

I'm confused because you are still paying for the vet care of this horses. Is it a lease with the option to buy? Is it a lease to ownership?

I really don't know what the legalities are for backing out of the sale. Maybe some other member has better insight.
 
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Discussion Starter · #13 ·
I get it, I do...
You entered into a sales agreement without defining when payments were due or how much or for how long before said horse was paid for...
Called lease to own....
Did you ever settle on a price??? Makes no difference to me, but you have such a gray area of data recorded you have cornered yourself badly.
Now in the same breath you say you own the horse...so why was this lady permitted to bring in feed that you not use?
You shoulder that blame allowing...yes, your property, your barn, your horse...yet all this happened to your horse.
So...hand the women all her money and tell her to leave...but not in dribbles cause then she has right to be present on your property till she is compensated for all she spent including for food you did not want but did not stop her from feeding either.
You're in a pickle legally if this woman wants to press charges, she can...
I give a tip of the hat to any judge you stand in front of to decipher this mess...
I would suggest a lawyer as you're going to need one it sounds like.

I too am bowing out...
You say it is her fault when in reality since you say you never relinquished ownership it is then your fault what befell the horse.
You allowed cause you never relinquished ownership you were in charge of animal welfare maintained, you own the finger-pointed right at you.
You took money toward a agreed debt pay-off and now you want to keep that animal and not refund the money in full as legally should be done immediately...you're breaking what half-baked contractual agreement you had...not her.
That's not playing fair...
Yea, if it was me in the buyers position you would be served with papers to appear in court,...in front of a judge explaining this mess. Good luck.
I'm out...
🐴...
I have spoke to a lawyer and I did not allow her to feed the feed she kept buying I bought the feed my horse needed and trusted her to give it to her and all she was doing was mixing it with the feed she bought .let's not forget her horse broke 3 of my ribs so I could make her pay the hospital bill and I did say I was gonna pay her back iam not trying to rip anyone off I backed out of the deal because she would simply not listen to anything I said about how to care for my mare .and having to call the sheriff on her husband put the icing on the cake
 

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I have spoke to a lawyer and I did not allow her to feed the feed she kept buying I bought the feed my horse needed and trusted her to give it to her and all she was doing was mixing it with the feed she bought .let's not forget her horse broke 3 of my ribs so I could make her pay the hospital bill and I did say I was gonna pay her back iam not trying to rip anyone off I backed out of the deal because she would simply not listen to anything I said about how to care for my mare .and having to call the sheriff on her husband put the icing on the cake
You might be surprised on this one. The horse is on your property which in many states makes you liable for his actions. In fact, I remember a case not too far from me where the owner of the horse (a teenaged girl) was kicked in the head by her own horse, while she was in the paddock with him. Her parents sued the barn owner and he was found liable and had to pay a huge amount of money.
 
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Discussion Starter · #15 ·
You might be surprised on this one. The horse is on your property which in many states makes you liable for his actions. In fact, I remember a case not too far from me where the owner of the horse (a teenaged girl) was kicked in the head by her own horse, while she was in the paddock with him. Her parents sued the barn owner and he was found liable and had to pay a huge amount of money.
All I have gotten from any one one here is making me look like the bad person I have brought this horse a long way in the 3 years I have owed her and gotten her weight to be were it should be and iam not gonna let some young girl that I tryed to help and teach her how to even feed her own horses because there ribs were showing .not feed my horse properly I trusted her she was supposed to be doing barn work because I was supplying all the hay even for her horses but she never did anything to consider it barn work and once again I have no problem giving her the money she gave me back
 

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It sounds like you had a verbal agreement. She makes monthly payments and gets to board her horses there, she is expected to pay for feed. You get to insure your horse gets proper care before transferring ownership.

Depending on how you put that on paper determines the contract you had. If you have all receipts showing that you have been paying for feed (for her horses as well) and farrier, then you have proof of your expenses that she owes you... And therefore you have legal reason to terminate the arrangement.

If it does come to a lawsuit, you should be covered, provided you do refund some of her deposits on the horse. I don't think ownership transfers, unless she has completely paid for the horse. Again depending on what is written on whatever contract you have.
 

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Holy cow. If I was horse hunting and a horse sale came with all of those stipulations plus the soon to be previous owner was telling me how to feed my current horses, boarded there or not, I'd tell her to stick it!
The buyer is just as goofy to agree to all that mess and board there to boot.
Goodness sake, sounded like wreck before it started.
 

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Holy cow. If I was horse hunting and a horse sale came with all of those stipulations plus the soon to be previous owner was telling me how to feed my current horses, boarded there or not, I'd tell her to stick it!
The buyer is just as goofy to agree to all that mess and board there to boot.
Goodness sake, sounded like wreck before it started.
I was going to add my 2 cents, but you summed it up nicely. I'll just leave it at that...
 

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Holy cow. If I was horse hunting and a horse sale came with all of those stipulations plus the soon to be previous owner was telling me how to feed my current horses, boarded there or not, I'd tell her to stick it!
The buyer is just as goofy to agree to all that mess and board there to boot.
Goodness sake, sounded like wreck before it started.
I agree with COWCHICK77 100%. The gal I bought my filly from called me after I had her for a few months and said her mom had a gelding being boarded and sent me a picture of a mud hole that was the pasture and said the barn manager would only give him a group feeding of hay and the other horses ran him away and she couldn't afford his board any longer. He was skinny as a rail and she said her mother would like to give him to me if I would promise to take care of him. I said yeah , I'll take him. Her mother called and asked all kinds of questions on how and what he would be fed. Then she asked if she could come and look at our place before the horse would come. I said sure but, when I would get him I wanted a signed and notarize agreement saying he belonged to me. When she came out she was surprised how good the filly looked. Was happy seeing things then, two days later called and told me she wanted the option to change her mind after a few months if she could afford to board him again and I would have to replace all my fences that were barbed wire to smooth wire in any pasture he would be in including cow pastures being ridden in. I think you know what I told her except the adjectives I added.
 

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OP, do what can to give her the money back she paid you, like yesterday. Hopefully the buyer will call it a day, take whatever horses she has boarded at your place and forget about suing for breach. And don't sell anymore horses.
 
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