Ever sold a horse to a "friend"...

[LindaL]

Usually when I have sold a horse to someone I know personally, I still make up a contract if the horse is being sold on payments and the friend is good about making those payments, so I haven't had a problem with doing this.

Until now...

I have a "friend" that I sold my yearling black colt (Batman) to...cheap, but on payments. At the time, I was moving and didn't have a place to put a young stallion, so this woman offered me a low ball price for him and I accepted. I figured he was getting a good home and that was more important to me than the price...Not to mention, he hadn't sold before and the economy...blah...blah...blah. So, she paid me $100 down (I even delivered him with a friend's truck and trailer!)in late September and originally she said verbally that she could pay him off by the end of October, but when I wrote out the contract, I gave her until the end of November, because you never know what may come up (being a nice friend)...I guess that part blew up in my face!

We are FB friends, so every once in awhile I would mention Batman and she would say he was doing fine, but never mentioned a payment coming. At the end of October, I mentioned a payment to her (seeing as her original idea was to pay him off by then and I hadn't gotten anything at all. She said she had some things happen (yeah...ok) and would get a payment out to me in the next few days...Nothing came.

Mid-November comes...still nothing...so I "remind" her again...This time I really need some cash, so I was hoping her payment would come soon. She again mentions how "things happened...not one but 2 deaths in the family and she has to buy a plane ticket...remember we are FB friends...NO mention of any deaths or trips ever (and she posts every "detail")...but would make a payment in a few days and the rest every few more days. I get a payment...$20!! what?! Uh...thats not a payment...thats barely even lunch these days! I am really getting frustrated now and send her an invoice to her email (and I know that if you are on FB 20 times a day, you also check your email at least daily!)...no response. So I FB message her and ask if she got the invoice..."Nope"...sigh!

I send her an invoice thru FB (whatever works) and still no response. I message her again and tell her that I will give her until Dec. 14th to pay him off...guess what?? NOTHING!!!!

I really try to avoid drama whenever possible and she is mutual friends with a lot of the horse people here. At this point, I can not pick the horse up as I don't own a trailer (I could borrow one if I had to) and I would need to board him until he was gelded. But, I don't want her to get away with non-payment either!

What would you do???

 

[mydaddysjag]

Send her a certified letter stating that it is past due, full payment must be received by X date, and if you dont have the payment that day, show up with a trailer and pick him up.

 

[Bingo's Buck]

You may also try calling her. There would be no saying "oh, well I didn't get the email" then.

 

[Hawks_Eye_Minis]

Send a certified letter stating IF he isnt paid off by the end of december you will be coming to pick him up.. She already voided out the contracts you had on him So technicly you wouldnt even HAVE to wait till then... BUT thats what i would do......

Have you seen any pictures of him lately or seen him in person? if your close enuff id take a drive and check on him if shes not paying you who knows if shes even taking care of him.........

 

[topnotchminis]

No advice here, but sending wishes for the best possible outcome.

 

[supaspot]

that story is almost identical to what happened to me , except she didnt give me a deposit , she booked a foal when he was 4 days old , I allowed her to show him ( I would prep and travel mare and foal and pay entry fees ) , he did well ..winning all Ireland champion foal 2008 , when he was weaned she arrived ,loaded him up put his papers and passport in her jeep and was about to drive away when I stopped her and asked for payment , she said somthing had come up and would I accept monthly payments . as I knew her well I said yes but no money ever arrived , after lots of pushing over a year later she sent me 6 payments of TEN EUROS spread over a few months , Ive had nothing for over a year now , she doesnt answer the phone or emails , after 3 years of trying Ive given up

 

[LindaL]

Yeah, Deb and I have thought about the certified letter route and will do that when I go to the PO next. I know she is home during the day to get it, too, because she works from home.

I have not seen any pics of him nor seen him in person. I have however been to her house and all her other horses are taken care of, which was why I "assumed" he would also be cared for. We have a mutual friend that lives down the street from her and I could ask her to go check up on him for me.

I just hate this, because while she was a bit "flaky" (in a blonde sort of way...no offense to blondes...but thats the only way to describe her), I liked her as a person and thought of her as a friend. Like I said before, we have mutual horse friends, so I didn't wanna cause a bunch of drama over this either...so I was being very "accomodating" to her...and she took advantage! That just frustrates me to no end and I WILL go pick him up if I need to!

 

[Hawks_Eye_Minis]

Honeslty id go check on him atleast make sure she still has him... and id only give her till end of dec NO more youve ben pushed arround too much every contract youve drawn up is void and not by you... you have every right to go pick him up tonight if youd like

 

[Eagle]

I agree with Diane, borrow a trailer and go get him, I would also say "good lord, times are hard for all so cut the crap woman and pay for the darn horse or get on your bike" if she really wants him she will pay you before you get him on the trailer if she doesn't then he is much better at home with you.

Good Luck.

 

[Field-of-Dreams]

Yes, but I got the horse back in OK shape (he was a little thin for my tastes)

He's been sold to another friend but this time he doesn't leave until paid off.

 

[Helicopter]

Wouldn't that be horse stealing? ...and in the ''old west'' wouldn't she have been hung for that?

Just a thought.

I'd go and collect him ASAP.

Good luck.

 

[rabbitsfizz]

Wouldn't that be horse stealing? ...and in the ''old west'' wouldn't she have been hung for that?

Just a thought.

I'd go and collect him ASAP.

Good luck.

No, theft is where you actually go onto someone's field and take a horse.

This one was not only given over freely but a part of the payment has been paid.

No theft here, in anyone's legal system.

Going and taking the horse back, without the "owner's" permission, however, could well be theft, so be careful.

It depends on how much of the whole purchase price has been paid, and this is a civil matter, the police will not help unless you get a court order, and even then they have no necessity to help, but usually they will do so, just accompany you to make sure there is no breach of the peace, etc.

I would take legal advice, I would NOT hitch up and go get him, however badly you feel as you could end up in jail, especially since you will be committing trespass in order to get him.

You may be able to get her to relinquish him voluntarily if you stay on reasonable terms with her.

I wish you every success but, please, stay legal!

 

[LindaL]

No, theft is where you actually go onto someone's field and take a horse.

This one was not only given over freely but a part of the payment has been paid.

No theft here, in anyone's legal system.

Going and taking the horse back, without the "owner's" permission, however, could well be theft, so be careful.

It depends on how much of the whole purchase price has been paid, and this is a civil matter, the police will not help unless you get a court order, and even then they have no necessity to help, but usually they will do so, just accompany you to make sure there is no breach of the peace, etc.

I would take legal advice, I would NOT hitch up and go get him, however badly you feel as you could end up in jail, especially since you will be committing trespass in order to get him.

You may be able to get her to relinquish him voluntarily if you stay on reasonable terms with her.

I wish you every success but, please, stay legal!

Oh...most definitely, I would not just go onto her property and get my horse! I don't wanna get shot! lol

I will either get payment or tell her a time/date I will be down to get him (and make she KNOWS I will be there to do so...and she will be there as well. At this point, I would almost rather she didn't pay...than at least I could get the horse back in my possession and be done with it and her. But, i am being sensable about it and will do things legally.

 

[shadelady]

We have also been down this route. Sold a colt foal at two weeks old. Took the deposit, and agreed to the rest being paid in instalments. Sold the mare ( still with the foal at foot) to a mutual friend. When foal was weaned she collected it. Never saw another penny. 2 yrs later she contact me asking for the paperwork as they wanted to have him gelded and sell him ! I did eventually let them have the papers as we did not want to have to take him back, and at least they had to pay up for the gelding. She knows who she is as she is also a forum member

Never again.

 

[targetsmom]

This makes me glad that I decided to GIVE a horse to a friend - no strings attached. Good home nearby.

 

[Wings]

I have purchased from friends, often with payments over time but the horse has not left their property until paid in full.

I think the trick to dealing with friends is to treat them like any other buyer, they get the same deal and everything gets written down and signed.

Although it's so sad that so many friends will pull this stunt in horse buying

you should be able to trust your friends!

 

[LindaL]

Heard from her...she said I should just come get him. So, I will have to borrow a trailer at some point and do that. Then I need to find a place to board him until he is gelded. *sigh*

But, on the plus side...once he is gelded, Deb will have an Under gelding to show. He won't be for sale again.

Just a bummer I have to deal with all the crap first...and find out how people really are along the way.

 

[Eagle]

Well that is good news.

 

[fourluckyhorseshoes]

I agree with Diane, borrow a trailer and go get him, I would also say "good lord, times are hard for all so cut the crap woman and pay for the darn horse or get on your bike" if she really wants him she will pay you before you get him on the trailer if she doesn't then he is much better at home with you.

Good Luck.

Wow-- you're tough. But sometimes that's what it takes. I have had a similar situation with a dog and the woman stopped making payments. We showed up at her house and things turned around quickly.

 

[rimmerpaints]

yes but never had a problem. Never thought of a contract. I can see why though