Anything to do when buyer breaks a contract?

[mydaddysjag]

A few years ago I sold my "heart horse" who was the horse I really learned to ride on. I had a couple horses before her, but they either werent sound to ride, or one was totally unpredictable, would flip when you tried to mount, kick when you brushed it, etc. This horse was one who reinstilled my confidence and I really learned to ride with her, and enjoy horses. I had her during my teenage years when I went through a lot of very bad things In life, and she was sort of my "safe heaven". When I sold her It was a crappy time in life, I had a recent back and shoulder injury, and was also pregnant and supposed to be on bedrest. Because I couldnt ride and didnt want the horse just standing around, I sold her to what I considered to be fairly good friends at the barn I boarded her at. They had been begging me to buy her for a year or two before that, but she was a horse I truely said I would never sell. Finally I sold her due to what was going on in life, but I had a pretty strict contract that stated very clearly that I had first right of refusal and if they ever didnt want or couldnt keep the horse, It came back to me. It was very clear, no room for confusion. The horse is a 23 year old mare, but I would have gladly paid every cent for her that they paid me for her. Reality is, she isnt worth that at her current age, but I would have paid it, as this horse is priceless to me.

Fast forward today on facebook I asked how she was doing as I hadnt talked to them much lately, Ive been busy and they had too, and I found out they either sold or gave her away to one of the neighbors around june. Im pretty upset, because along with the contract, I have told them many times over the past three years that I would love to have her back and if shes ever available, I did still want her.

Im thinking im just screwed, but is there anything that can be done?

 

[disneyhorse]

No, unfortunately a first right of refusal isn't really easy to enforce. It's just a courtesy. I've bought back a few of my horses. In many cases, a buyer is happy to have a known place to sell the horse should they decide to sell, and hopefully they know the horse is going back to a good home.

I would suggest of you want the horse badly enough, contact the current owner and ask/beg.

Good luck!

 

[targetsmom]

Does the contract say what would happen if the horse WASN'T offered back to you, and was sold or given to someone else? Which is what did happen, right? The reality is, once owner is transferred, I am not sure what can be done in a situation like this, but I would sure like to hear options. So sorry this happened and this is just what I think about when offering our horses for sale.

 

[mydaddysjag]

I did contact the current owner and let them know that if for any reason they couldnt keep her or decided to sell, I would like her. Of course, they are smitten with her, shes the worlds perfect horse lol. They let me know she is currently sick, has been colicking since last wednesday. I know that drill with this horse as she is a "touchy" horse and certain things tend to make her colic, but I dont want to act like a know it all to them. My bet would be that they sold her for more than I sold her to them for, and thats why she wasnt offered to me, or one of their friends wanted her. I need to get the contract out and look, I cant remember what it said regarding if there was any recourse if they got rid of her without giving me the first option to get her back. This is a very crappy start to my day, find out "my" 23 year old mare was sold when I was supposed to get her back if she ever went anywhere, then find out shes been colicking for almost a week. Im mad they sold her, and very upset shes been colicking so long. The owners work, and the daughter goes back to school anyday. Im glad they did offer that when shes feeling better I could come see her. I did tell them if she continues to colick and they need a hand walking her or anything, to let me know. They had taken her to the boarding barn (where I used to keep her) I beleive they were going away or something, and while there she got colicky. I just hope shes on the mend asap, shes was prone to colic and did have ulcers at one point. Boy this is just crap.

 

[Reignmaker Miniatures]

I'm sorry you are having to deal with this but I agree that there isn't much you can do. I've learned the hard way that once the horse is sold you have no control over its life. Many years ago we bred and raised a gorgeous 1/4 horse filly that my niece fell in love with. Eventually we sold her this filly for all of $200 - a fee her parents insisted on since it was her first horse and they felt she needed to 'earn' it. We too had a very clearly worded contract that the horse was never to be sold and if she no longer wanted to keep her she would be returned to us and we would refund the original purchase price. Well, you know the outcome, kept our filly for 4 or 5 years, bred her for a couple of foals and then when she was in her early 20's (niece not horse) she decided she didn't want/have time/money for horses and promptly sold her to the first comer. No going back, she had papers in her name to prove ownership and our agreement meant nothing. In our case she wouldn't even tell us where she'd sold the horse to, said she didn't know them, strangers who just answered her ad.

Perfect.

I hope you get a happier ending

 

[Flying minis]

Nothing you can do. You cannot sell something and retain rights to it. Doesn't matter what your contract says, even if you had "consequences" they cannot be enforced.

 

[susanne]

Your contract may not stand up in court, but you could still have a lawyer write a formal letter asking the buyer to honor the contract upon threat of further legal action. Many people are freaked out by the legalese, and they may respond without researching the matter. You have nothing to lose except the cost, which wouldn't be much.