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Post by notelling on Jan 8, 2012 11:28:06 GMT 1
I'm a member under another name but for this I want to remain anonymous.
I have a 2, rising 3, year old filly whom I've had since weaning.
She is joyous and wonderful but a change of circumstances means that I sadly and reluctantly have to part with one. It's turned out that she is not going to make the right height for me, so in addition to other reasons I think she's the one to go.
The problem is that I verbally agreed with her breeder that I'd give her first refusal on buying her back if I ever sold and I consider myself a person of my word. BUT I've recently been shown photos (and bragging along with them) of my fillies younger brother (1 rising 2 years old) being bitten, lunged, free schooled and jumped over huge fences by the same breeder, photos posted November 2010.
I'm horrified by this personally and I never want her to get her paws on my untouched filly.
What's the best way out of this? And would a verbal contract be legally binding?
Please no one suggest loan/share. I'm not willing for her to get trashed by someone else and dumped back on me ruined and traumatised. I have a friend I trust very much who is desperate to buy her and I could keep very much in touch, I plan to write option to buy back first refusal into her sale contract as an extra safe guard for her future.
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Post by specialized on Jan 8, 2012 11:39:26 GMT 1
I don't think a verbal agreement would be enforceable, and you will probably find that most purchasers say something similar when they buy a horse. Even a written agreement would be tricky to enforce, especially after a sale had already taken place. All you have to do if you want to clear your conscience is quote a ridiculous price. The bottom line is that it is your horse and your responsibility to find the best home that you can.
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Post by jen1 on Jan 8, 2012 11:43:24 GMT 1
loan with a view to buy , through word of mouth , or put too much price on her
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Post by marsayy on Jan 8, 2012 13:46:34 GMT 1
No, if your not happy to sell her back to the breeder then that is your choice, a verbal agreement is nothing. I would be honest and if she asks tell her the truth that you were not happy that her home was the one you were looking for. Doesn't sound like there would be much love lost between you, most people accept the truth quite well.
I think you will find it hard to not worry where she goes but I would just ask lots of questions of the people who inquire, if you get a bad vibe then don't sell her too them. Make sure it is an experienced person, no harm in asking around to see if people know them if they are local.
You must make up your mind if you are letting her go I have tried recently to buy one and loan one and have been really messed about by people who know they need to sell their horses but aren't really willing to let them go. Get it straight in your head what you want, make a list of what you would want from the new home and tick of the answers as you get them, this will make you use your head not your heart!!
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Post by laurac on Jan 8, 2012 13:55:03 GMT 1
I think as others have said that a verbal agreement couldnt be proven, if they find out your filly has gone to your friend then just tell then she was the perfect new home in your opinion and you only want whas best for her Hope it all works out for you and the filly x
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Post by jen1 on Jan 8, 2012 14:08:57 GMT 1
i think now im 41 and know how to use it, ;D id expect someone to have some balls and just come out with the truth , i dont get offended very often because i like to think i own my emotions and im big and ugly enough to cope with the truth
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Post by antares on Jan 8, 2012 18:57:25 GMT 1
Sorry but I think you should do the honourable thing and go back to the breeder even if it's just courtesy to tell them you are selling her. You made the agreement so it's only fair to stand up to your responsibilities
Personally I would call the breeder and say you need to sell the filly on but that you think you've found the perfect home and see what they say. Chances are the breeder won't want the horse back anyway, otherwise they wouldn't have sold her on in the first place.
All that said, she is your horse and it is your final choice of where she goes and you should do what you think is right for her. I also think it's a bit cheeky to ask your friend to give you first refusal when you are not wanting to extend the same courtesy to previous owner.
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Post by sandy on Jan 8, 2012 19:18:22 GMT 1
If I'd seen any evidence of handling/training that I found unacceptable, I wouldn't give that person first refusal on having the filly back - verbal agreement or not! Sell her to your friend if you are happy she'll have a good home there. Your responsibility is to the filly.
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Post by jules26 on Jan 8, 2012 21:10:50 GMT 1
Who would be able to prove what was said anyway?? Were there any 'witnesses'? You must follow your feelings about the best home for her. As others have said, you could advise the breeder she is for sale at a highly inflated price. Chances are the breeder may not want her back or be in a position to buy her.
Good luck - hope it all works out.
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Post by june on Jan 8, 2012 21:25:35 GMT 1
I'm with Sandy. Your responsibility is to the horse, not the breeder. You have to make the judgement as to what is the best home for the horse, and live with that decision, so go with what feels the right thing to do in the horse's best interests.
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Post by portiabuzz on Jan 8, 2012 22:32:35 GMT 1
To be honest if i saw that i wouldnt let the breeder near her!!! You own her and owe it her..who cares what breeder thinks!! Even if id signed something i wouldnt give her back..please let her go to your friend! Ps know its easy for me to say but just being honest. Horses come first ;-)
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Post by notelling on Jan 9, 2012 10:36:56 GMT 1
Thanks for the replies and PM's.
I hadn't actually told friend I was thinking of selling her, we've since had a chat and she's going to take her on a long term loan agreement. We are both thrilled with this, my filly gets a perfect home where I can keep an eye on her, and my friend gets to have the filly she's desperately wanted since I first brought her! We are going to draw up a loan agreement and get things sorted.
I know she won't get ruined in this home, and my friend knows that I won't demand her back 5 minutes after she's broken her and got her going, and she's only going to be up the road.
I did a bit more digging on breeder. My filly was the first foal she'd bred out of my fillies dam, I've since found out that this mare is due to have her FOURTH back to back foal in March.
I feel very naive to have been taken in in the first place as I really thought she was a genuine woman.
I now of course don't have to confront her about the sale, because the filly will still belong to me. Cowards way out? Probably, but at the end of the day telling her what I think about her won't be life changing for either of us. I've not broken our agreement. As I don't need the money for the filly (this is a time/energy and not means/finance parting) I can keep the control I want as I didn't take her on to sell her, and she gets a perfect home.
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Post by donnalex on Jan 9, 2012 10:56:04 GMT 1
People sell animals but want to keep control over them and that is wrong. If they want to keep control keep ownership I say Remember people say these things but usually dont mean them when it comes down to it. I have done this myself so I know it works! Offer back the horse at strong enough money and bearing in mind this time of year and that you need to sell quickly she will probably decline the offer. If she does then you are free to sell the horse wherever you want. If she decides to buy which I seriously doubt you can always change your mind because yu cant bear to part with the horse. At least this wway there can be no hard feelings and hassle later on
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Post by muddy boots on Jan 9, 2012 18:31:20 GMT 1
I have reluctantly sold horses due to cirmumstances and said could I hve first refusal to buy them back if they were ever sold,usually told they have a home for life(which is what I want to hear) have never had the option yet and only found out at a later date when they have been sold.I would go for the best home you can find.
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Post by tikkatonks on Jan 9, 2012 18:46:24 GMT 1
When you sell a horse it is no longer yours. If the breeder wanted to keep the horse and control what happened to it they should not have sold it.
Your horse = your choice who you sell to.
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