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Old 09-30-2010, 03:17 PM
 
21 posts, read 65,860 times
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2 1/2 years ago we sold our daughter's horse. In the contract we had a buy back clause. My daughter found out on a horse website that he was sold to the trainer. When we called to ask why we were not contacted when he was put up for sale they became very nasty. What are my rights? How do I handle this situation. Do I need an attorney?
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Old 09-30-2010, 04:03 PM
 
Location: The place where the road & the sky collide
21,903 posts, read 27,179,065 times
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Quote:
Originally Posted by gina gardner View Post
2 1/2 years ago we sold our daughter's horse. In the contract we had a buy back clause. My daughter found out on a horse website that he was sold to the trainer. When we called to ask why we were not contacted when he was put up for sale they became very nasty. What are my rights? How do I handle this situation. Do I need an attorney?
Are you in the Charlotte metro?
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Old 10-01-2010, 09:29 AM
 
21 posts, read 65,860 times
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Default Need advise

Yes !
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Old 10-01-2010, 10:24 AM
 
Location: Lansing, MI
2,954 posts, read 6,129,137 times
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Quote:
Originally Posted by gina gardner View Post
2 1/2 years ago we sold our daughter's horse. In the contract we had a buy back clause. My daughter found out on a horse website that he was sold to the trainer. When we called to ask why we were not contacted when he was put up for sale they became very nasty. What are my rights? How do I handle this situation. Do I need an attorney?
Had you been notified, would you have followed through with buying the horse back?

From what I understand about a buy back clause in the situation of a horse is it can be nearly impossible to enforce without taking a financial hit. You can file a case with court, but the expense may be more than what you would actually get out of it. A reputable equine attorney might be your best bet.
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Old 10-01-2010, 12:35 PM
 
21 posts, read 65,860 times
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Default Need advise

Yes we would have bought the horse back. In the contract , it states the party that beaches the contract will be responsible for legal and court cost.
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Old 10-01-2010, 08:19 PM
 
82 posts, read 151,186 times
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Well if your contract was that specific, it laid out the terms, conditions and price for the buyback - then you can retain a lawyer and sue them for breach of contract. Did your sales agreement specify the notice period, how you were to be notified and termination of your buyback time? Does your sale agreement speak to what happens if the horse in unable to perform due to injury? All these facts are pertinent when you are looking to enforce a contract.

Lastly, are you in the market to feed an additional horse, think you can make more money if you bought and sold him again or this time are you looking to give the horse a forever home - that will help you guage whether or not you should pursue the matter. If the horse's situation is stable, the care is really good etc... perhaps suing to prove a point would be somewhat pointless in the overall scheme of things.
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Old 10-03-2010, 10:11 AM
 
21 posts, read 65,860 times
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Default need advise

Thank you for the information. Yes we want to give him a forever home and can do that at this time. The contract does not say how long the terms of the buy back clause can be enforced. I would think it will be for the entire time that buyer has the horse. It also does not say a price? I imagine they will put the price really high. These people are very shady like that.
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Old 10-03-2010, 10:24 AM
 
Location: Charlotte, NC
198 posts, read 565,696 times
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This happens in the purebred dog world. Responsible breeders almost always have a clause in their puppy contracts that if the new owners ever, during the lifetime of the dog, cannot keep it, they MUST contact the breeder and give him/her the choice to take the dog back.

I have heard of this clause being broken, breeders learning about it, and suing the owners. To my knowledge the case can be won in court, but it takes times, effort and money.

Best of luck -- what an unfortunate situation!
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Old 10-03-2010, 10:33 AM
 
21 posts, read 65,860 times
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Default Need Advise

Anyone know of a good equine attorney in the Charlotte area?
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Old 10-08-2010, 02:22 PM
 
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I have seen an ad before of a Charlotte equine attorney at the Carolina Country Store in Lancaster off of 521
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