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  1. #1
    Join Date
    Jan. 12, 2007
    Posts
    4,227

    Default Seller's remorse

    Due to my increased insurance costs i don't think I can run my Summer Day Camp program next year. No accidents ever nearly 30 years no claims - and yet a 38% increase in 4 years plus low enrollment has left me thinking it's time to close up that part of the business.

    So i look over the herd and decide to sell off a few beloved schoolies to great homes. I started this process the end of June. Screened carefully - or so i thought. But not so!

    One horse I dropped off for a "nice family" showed me the beat up unlined metal garden shed that would be "Bounty's" stall. Attached to a minuscule dry lot which also housed goats and a llama right next to the puppy mill coon dog operation. I was FLOORED! After a week "Bounty" wasn't working out for them "Would I buy him back?" YES!!! And I did! I was so upset by selling him into such a dreadful upkeep I did not sleep the entire time they had him i was worried sick! But now he is home and I dread the thought of "selling" him again!

    Another, my very favorite schoolie was in need of just one doting owner to love him and cherish him. He had taught dozens of children how to ride. He has a heart of pure gold. But the look in his eyes said "Eeyore has nothing on me!". So I found this nice old lady looking for a quiet trail buddy sold him for a token with the promise he was to be sold back too me if it did not work out. Less than a month later(he remains a boarder here) I got a phone call from a lady telling me she is coming for "Her" horse at 6AM tomorrow. I have no clue who this new lady is or what horse she is talking about. Apparently old lady/new owner decided horse ownership was too expensive and sold him on Dream horse! No one ever came to see if he was the right horse. No one honored my first right of refusal. Just "We are coming to get OUR horse in the AM Heads up!" WTF! And i can not reach old lady/new owner to ask What the heck is going on!

    I have show horses for sale with spendy price tags - I sell lots of them - never do i get this level of crappola from their buyers! Just the low end horses seem to bring out the low class buyers I am PISSED!!!! And these "Low end" horses are GREAT horses, I just sold them inexpensively thinking I was doing right by them. I was so wrong!

    Dear "Bounty" is home Old dude is still here awaiting an uncertain fate. I know i can not enforce the first right clause with a new owner - it would be a civil matter instead of the courtesy and compassion clause it was intended too be.



    The world just ain't right today
    "If you don't know where you are going, any road will take you there"



  2. #2
    Join Date
    Jul. 22, 2007
    Location
    South of Georgia, North of Miami
    Posts
    1,117

    Default

    When the new owners show up, wave some cash under their noses and say you will buy the horse. Tell them the first owner did not honor the buy back clause and since you don't want them to be out money here it is. The add should still be on Dream horse so you can get an idea of what they paid.

    People seem to be getting more stinky all the time.



  3. #3
    Join Date
    Oct. 6, 2002
    Location
    Philadelphia PA
    Posts
    16,161

    Default

    Why not enforce the right of first refusal, if you don't want to see the horse sold?
    ~Veronica
    "The Son Dee Times" "Sustained" "Somerset" "Franklin Square"
    http://photobucket.com/albums/y192/vxf111/



  4. #4
    Join Date
    Jan. 12, 2007
    Posts
    4,227

    Default

    I have cash sitting here. The problem is enforcing it. I called the Sheriff's dept already to ask. They will not enforce the contract because they consider it a civil matter - PERIOD! My Attny says it will be costly to enforce due to the low value of the animal he advises not to persue it.

    The "New Owner" has his papers & coggins as title already. She sounds like a nice person, I just feel horrible for the dear old Schoolie!

    I fully intend to offer them cash when they get here.

    The ad is off Dream horse - I never saw it. I don't peruse the ads very regularly as i do not need any horses.

    It never dawned on me that this would happen. It was such an ideal fit! Apparently there was a lot of response according to the "New owner" mainly because he was so cheap - $250. So she bought him sight unseen.

    The fact that he came through my place originally clinched the deal apparently.

    I am just bereft at this point. It took me months to recover a mustang pony i lent out a few years ago to a "friend". The little mare turned up on Dream Horse as well FOR SALE - even though I still own her She was available by a person who got her from a person who got her from my "friend". The "friend" sent regular glowing updates - never mentioned she had passed the mare on She is safely home and will always be here! WHAT IS THE MATTER WITH PEOPLE? You try to bless them and they crap all over you

    The thought crossed my mind to have him AWOL when they arrived, but it is not their fault i was duped.

    OK - off to work those stalls don't clean themselves after all!
    "If you don't know where you are going, any road will take you there"



  5. #5
    Join Date
    Apr. 3, 2003
    Location
    Up the creek from bar.ka
    Posts
    10,038

    Default

    Woodland,

    I know we've had some differences in the past, so I hope you don't mind me posting on your thread here....

    I'm sorry to read of your troubles with the schoolie horses and of having to shut down your summer camp. Hard times abound for most of us right now. That must have been a very difficult decision to make. I hope it all works out for the best for all concerned, especially the horses.

    Best,
    TR.



  6. #6
    Join Date
    Feb. 23, 2000
    Location
    Ontario, Canada
    Posts
    5,534

    Default

    Woodland, perhaps the "new" owner will be prepared to sign a "first right of refusal" contract with you. Once she sees how important good homes are to you, hopefully she will see that's the right thing to do. I'm very sorry you're going through this.

    http://community.webshots.com/user/ballyduff
    \"If you are going through hell, keep going.\" ~Churchill~



  7. #7
    Join Date
    Oct. 6, 2002
    Location
    Philadelphia PA
    Posts
    16,161

    Default

    Have you even said anything to the person you sold the horse to with the right of first refusal? Sent her a letter notifying her that you will take her to small claims court if she sells the horse? Told the new buyer that the seller did not have the right to sell the horse due to your contract?

    Yes, fighting it all the way with a lot of ammo may be expensive, but I would at least TRY dealing with the person you sold the horse to before giving up entirely. I also agree that trying to buy him from the person coming to pick him up is a good idea.

    And in the future, screen, screen, SCREEN potential homes. Not to say you didn't, but screen them even more because clearly there are flaky/dishonest/poor caretakers in your area and you've fallen victim to them before.

    Best of luck, I hope you can either get the horse back or that this new home is terrific and what you'd have chosen in the first place ig you knoew.
    ~Veronica
    "The Son Dee Times" "Sustained" "Somerset" "Franklin Square"
    http://photobucket.com/albums/y192/vxf111/



  8. #8
    Join Date
    Jan. 12, 2007
    Posts
    4,227

    Default

    Since I sold the horse only 3 weeks ago and this "New owner" called at noon CST and I haven't been able to reach the person I sold "Old Schoolie" too I have had no resolution as yet.

    Yes, i explained to "New Owner" that I have a signed contract for first right of refusal. She said" I have a bill of sale, his papers, transfer and coggins. I OWN this horse. I WILL be picking him up at 6 AM. That agreement is between you & Her and i am not bound to honor it". It was actually a very amicable conversation. She told me her experience with horses, about her stables and her plans for "Old Schoolie". I just kept saying " I have not heard from the lady i sold him to. I can not release him without hearing from her. We had an agreement. I had no clue he was for sale. Etc Etc Etc. I was aghast!

    I will not make a scene. I will offer her $ plus if necessary. I will offer to take him back at any time. I will ask to come and visit him. I will pray that he is as well loved as he deserves to be. I will tell him that i am so very sorry - He deserves so much better than what he is getting!

    I have groomed him from top to toe. I brought him carrots from my garden. Who knows he might just be OK. But I will worry.

    And yes VFX111, people do tend to take advantage of my good nature. I so want to trust that they are what they say they are. I want to believe in human decency and honor. I want to believe that everyone who meets Old Mr. Schoolie will positively melt over his big dark eyes. I want to believe he can have his own person just to himself again - he deserves the best. I need to believe he will be OK - not just a cheap toy to cast aside. I will be going to visit him within 24 hours after he leaves here. If they will let me.

    I had my cake and ate it too. A nice old Lady for Old Mr. Schoolie AND he stayed here as a boarder - how good could it get!? I still got to love on him when his owner was not here. I still got to put his bedding the way he likes it and scrub his water bucket every day and add his supplements and make sure he gets his senior feed three times a day. And fix his fly sheet and boots as needed - they match you know. it was too good to be true.

    Thanks TR I appreciate that!

    Jingle for my Boy. I have no idea what his future holds.
    "If you don't know where you are going, any road will take you there"



  9. #9
    Join Date
    May. 6, 2009
    Location
    The Left Coast
    Posts
    3,318

    Default just a thought

    I once had a trainer tell me that she increased the price on a horse she was selling for a client because she didn't like the type of people who were calling about the horse. Sure enough, safter raising the price 2K, he sold him to a perfect home, a little girl who started showing him right away.

    You never know--the new owners might be good people. Is the horse staying in the area? Can you establish a relationship with the new owners so that they know you are interested in his welfare?
    2012 goal: learn to ride like a Barn Rat

    A helmet saved my life.



  10. #10
    Join Date
    Oct. 6, 2002
    Location
    Philadelphia PA
    Posts
    16,161

    Default

    I am not trying to be critical, honestly, just helpful.

    I would try very hard to speak with the person you sold the horse to BEFORE the horse leaves your control. I would also try to buy the horse from the new seller. Barring that, offer to pay her for a right of first refusal should SHE later sell the horse, and have her sign a contract for that.

    You should be able take the person you sold the horse to to small claims court. You should not need an attorney. Filing fees should be minimal. If you have to buy the horse and are out of pocket, you can sue for that. If you lose the horse, you can still sue and perhaps get some measure of what the right of first refusal was worth. Even if you get nothing other than a moral victory, it may be worthwhile.

    I am sorry this is happening to you, and the horse. I would not give up without a fight, if it was me.
    ~Veronica
    "The Son Dee Times" "Sustained" "Somerset" "Franklin Square"
    http://photobucket.com/albums/y192/vxf111/



  11. #11
    Join Date
    Feb. 19, 2009
    Posts
    4,817

    Default

    I don't have any advice, but just wanted to say that I hope things work out. It sounds like even if you do have to let him go, this person is the least of all the other doofuses you've had to deal with. Makes me sad though...schoolies are so great. I know I would love one!



  12. #12
    Join Date
    May. 31, 2007
    Location
    Aiken, SC
    Posts
    4,696

    Default

    It seems strange the person you sold the horse to just didn't sell him back to you if she decided keeping a horse was too expensive. She went out of her way to sell him to someone else. And she boards with you? So she knows you? Surely it would have been much easier to just let you buy him back



  13. #13
    Join Date
    Mar. 4, 2007
    Location
    Western Washington
    Posts
    2,965

    Default

    Quote Originally Posted by equinelaw View Post
    It seems strange the person you sold the horse to just didn't sell him back to you if she decided keeping a horse was too expensive. She went out of her way to sell him to someone else. And she boards with you? So she knows you? Surely it would have been much easier to just let you buy him back
    Unless new owner made money on the deal, by selling for what he's really worth.



  14. #14
    Join Date
    May. 31, 2007
    Location
    Aiken, SC
    Posts
    4,696

    Default

    New owner sold him for $250. I think the new buyer has some nerve telling anyone she will be picking up a horse at 6am, but $250 does not sound like it was about profit



  15. #15
    Join Date
    Mar. 4, 2007
    Location
    Western Washington
    Posts
    2,965

    Default

    weird. I must have missed the second selling price.

    Still, your boarding arrangement is with the person to whom you sold horse. Without a release from her, I don't think I would let horse off property, regardless of whether latest owner has bill of sale, etc. Could be forged.



  16. #16
    Join Date
    Jul. 25, 2007
    Posts
    176

    Default

    Best of luck to you and your horses! I hope everything works out. It is a bit of a sticky situation.

    Fingers crossed!



  17. #17
    Join Date
    Aug. 11, 2003
    Posts
    3,589

    Default

    Sorry. On the positive side, the person buying him may be absolutely wonderful. Fingers crossed for him and you. Try crying when they come? Have a bunch of kids lined up to all cry?



  18. #18
    Join Date
    Oct. 3, 2007
    Location
    PA
    Posts
    5,055

    Default

    Woodland, my heart is breaking for you. Your love for old schoolie just pours out of your posts. I do hope that things work out for you both.

    Maybe the person you sold him to was embarrassed about not being able to afford him after all and that is why she went about finding him a new home in such a strange way. People do act so strangely when their pride and their money are involved. Hopefully, his new owner is well aware of what a treasure she is getting and that is why she is so adamant that he is now hers. However, maybe when she sees how devastated you are she will do the right thing and let him stay at home. Or if he does go, hopefully he will be going to a fabulous home where he will be cherished.

    Sending lots of positive thoughts your way tonight!



  19. #19
    Join Date
    Mar. 20, 2001
    Location
    Colorado, a suburb of Los Angeles
    Posts
    6,660

    Default

    I had this happen once and the second owner turned out to be a MUCH better owner and became a friend. I was furious at the time but glad I held my tongue until I checked out owner #2.
    So don't panic, this might work out just fine.



  20. #20
    Join Date
    Oct. 31, 2001
    Location
    West of insanity, east of apathy, deep in the heart of Texas.
    Posts
    15,797

    Default

    Woodland, don't you have a boarding contract with this horse's owner? Don't you have a 30 day notice clause? What's wrong with you telling the "new owner" that she can't have the horse until you speak to the seller, and satisfy yourself that this sale is legit? Sounds pretty fishy to me. A $250 sale, out of the blue, with no word from the owner that she was even selling the horse? And the Dreamhorse ad just happens to not be there anymore? Bullshit. Even if a horse is sold, Dreamhorse lists them for a certain period of time. You can go online and find the ad,...............if there ever was one.

    I would call "new owner" back and say,

    "I'm sorry - I wasn't given notice that this horse was sold, and I'm owed board. And I cannot release the horse to you without the current owner's permission. Please have current owner contact me immediately to make arrangements.

    And my barn hours are from XX:00 to XX:00, as the horse's owner knows. You are welcome to pick the horse up, after I speak with the seller, between those times. I am not available at 6:00 AM. I'm sure you understand."

    Grow a pair, girl. This sweet old schoolie is counting on you. Don't let some jumped up twit buffalo you into letting him go without doing everything you can to stop it.
    In loving memory of Laura Jahnke.
    A life lived by example, done too soon.
    www.caringbridge.org/page/laurajahnke/



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