How long would you hold a foal for someone?

[sweetheart]

I have kind of an awkward situation and would love y'all's advice. We sold two horses in a package deal to a fairly well-known breeder. One was a yearling and the other was still nursing. They paid half of the package price and picked up the yearling with a promise to pay the rest and get the weanling when she was weaned. Well, now the weanling has been weaned and ready to go for 3 weeks. I've emailed several times and left a few telephone messages with no response. My husband reached them via telephone once and they said they would come pick up the weanling this past weekend, but they didn't come and didn't contact us. How would you handle this? I have other people interested in the weanling (heck, I'd like to keep her myself!), but feel like I promised her to these people. Also, the yearling was worth more than the weanling, so by paying only half of the package cost, they haven't really paid what we would hope to get for the yearling... so if they don't come through with the second half of the package, then can we ask them for more money for the yearling? I'm assuming that they are just busy, etc. but it's been 3 weeks now and I'm not sure what to do next. Suggestions?

Thanks!

 

[dgrminis]

We never let a horse leave our property until it is paid for in full. Just is easier that way so you know that people wont leave you "high and dry". We have had people that have promised to make payments and never have but luckily we still had the horse here.

Did you have a contract saying that they would pay the final amount by a certain time? If you did and they havent met their end of the deal then you can sell the horse to someone else.. If not I think I would definetly wait 30 days at least - maybe even 60 days and continue to try to reach them in that time frame..

Hopefully they will come through and pay you the remainder of what they owe you and pick up the weanling.

 

[Jill]

I don't know how I'd handle it now given that they have one horse they've only paid halfway for (right?).

In the future, I also wouldn't let a horse go without being paid in full. I would not "hold" a horse while nursing w/o a substantial and non-refundable down payment, and if payment wasn't ready upon weaning, I'd list the horse for sale again.

 

[CJMM6]

I would send a very nice registered letter. Stateing that they have 10 days to contact you & make the final payment or the weiner is for sale. I know you will lose out on the extra money for the yearling but I would rather be done with them. JMO cjmm

 

[Miniv]

Did you have a contract?

I think the registered letter is a good idea.

MA

 

[Lisa-Ruff N Tuff Minis]

I am not sure I would panic just yet. I have bought several horses that left while I made payments and sold several the same way (and will continue to do so)

It could very well be something came up an emergency or something. I think I would mail a letter telling them that the baby would be ready to go and she needs to leave within 30 days if you dont hear back (send it registered) that you will assume they don't want her and she will go back on the market.

 

[sweetheart]

Thanks for all of your responses, it is helpful to hear what others think. In answer to the questions, yes, we do have a contract, but wouldn't want to spend the money to go to court over it (would prob. cost more than what they owe). Since it was a package deal, we didn't say "X amount for the weanling, X amount for the yearling", but maybe we should have(?). I just know that I would have wanted more for the yearling than half the package cost, and would probably sell the weanling for less than half the package cost. It seemed simplest at the time for them to pay half down on the package when they picked up the one, and the other half when they picked up the other. I like the idea of the registered letter, I will try that next. They are very reputable people, as far as I know, so frankly I'm a bit surprised. I am hoping that they just got busy and that they'll get in touch with us and that it all works out fine.

 

[speckles]

Hi, I am sorry that you have been through this. It is not easy. You have had some great suggestions here. I was in a similar situation, except the person was someone I thought was a friend. It dragged on for months. I am impressed that you had a contract, and you do have the right to get paid. I would go with the registered letter and that may have the right response. I also will not let a horse go until fully paid for and insist on contracts.

All the best, and keep us in touch with what happens.

Sandra

 

[rabbitsfizz]

Send another e-mail asking, respectfully, that the entire matter is cleared up and closed by.....

End by saying that, if you do not hear back form them you will assume they do not wish to go through with the deal, there will be no hard feelings in this case and you will be over on Saturday to pick up the yearling as it was a package deal sale and half price does NOT get you one horse!!

You should never have allowed them to take the more valuable animal for half the price- whilst this could well be an innocent mistake it could just as easily be a calculated action- it has happened to me and it was done by a dear friend- it still hurts years later that she has the best mare she is ever likely to have- for peanuts and at my expense.

I do not care HOW reputable a person is, pay up or they stay put.

Personally I would be far more inclined to let an animal go to someone before it had been paid for because I liked them- their reputation would mean nothing to me as I have seen how "reputable" people can act!!

 

[Minimor]

Send another e-mail asking, respectfully, that the entire matter is cleared up and closed by.....End by saying that, if you do not hear back form them you will assume they do not wish to go through with the deal, there will be no hard feelings in this case and you will be over on Saturday to pick up the yearling as it was a package deal sale and half price does NOT get you one horse!!

Defininately! I wouldn't let them keep the yearling for the amount paid--at least not without a good attempt at taking her back or getting additional payment for her if they don't want the weanling after all.

 

[MSRminis]

Lots of good info and suggestions so far. I wouldn't rule out them paying up and honoring the contract just yet. When we moved to Ohio from California we learned that things go at a slower pace and people still do business on a hand shake out here sometimes. A lot of our transactions have just gone slower than we were used to in the "big city". I hope this all works out and both parties are happy. Keep us posted.

 

[Charlene]

hope you get this situation resolved soon. you mentioned going to court and the cost to you. you should be aware that if you ultimately decide to sue in small claims court, you are entitled to include your court costs and attorney's fees in your complaint and the court will very likely award you those amounts in addition to what these people owe you.

when they took the yearling, did they also take registration papers? signed transfer report? if so, you may be up the creek w/o a paddle if they decide to continue to ignore you. it would be your word against theirs should it come down to who now owns the horse.

i have bought and sold my share of horses over the past 30+ years. even with registered horses, i have always presented a bill of sale to be signed by the seller or by me, whichever the case. it's just a little extra security for me. guess being married to a lawyer for 25 years and working in the legal biz myself, i'm anal about having all of my ducks in a row!

 

[Suzie]

I have only let horses off the place a couple of times without payment in full. The first time nearly did me in. The people paid half down and promised to mail payments (I had a contract signed with payments included). They ended up moving halfway across the country and I had to chase them down to get my money. But I always hold the papers until paid in full and check clears the bank. If they choose not to finish payments, then all they have is a grade horse without papers. That is usually a good incentive to finish payments or return the horse.

 

[Lisa-Ruff N Tuff Minis]

Well if your contract didnt specifically say horse A is this much and horse B is this much I am not sure legally you have much recourse.

You can not just go pick up a horse that is at someone elses house you can get arrested it is a civil matter and must be dealt with thru the courts otherwise you are stealing a horse.

That said I think I would still try and contact them thru letter and see if perhaps an emergency came up.

Like I said I have sold horses on payments for over 10 years they have left before being paid in full and the only problem I have ever had was a person local who didnt pay the last 150 bucks and never got the papers on the horse

 

[sweetheart]

Thanks for all of the advice. I did not sign the papers for the yearling over - waiting for full payment to do that. Hopefully the worst case scenario is that they've just changed their mind about the weanling we can work out a satisfactory to both parties price for just the yearling. Tried to email again last night and it bounced(!). I will send a registered letter today. It's funny b/c I was actually kind of flattered at the time that they were interested in our horses - we are just small time breeders and they are well-known. I'm still hopeful that it will all be peacefully and quickly resolved

: .