I did something like this against my better judgement years ago. The buyers dragged their feet and did not return my horse. My trainer at the time encouraged me to leave the horse there because the other trainer was a friend of theirs. Finally I had to go get him myself. When I arrived to get the horse, 3 of his legs were badly swollen. I called my vet on the way home, he met at my barn. My vet said "What they couldn't mess up the 4th leg too?" The horse had a suspensory tear and a fractured coffin bone. My trainer and the trainer at the trial barn were both "shocked" but not helpful beyond that. It took a year to rehab him and I sold him to a good home for $3,500. His original sales pice was $25,000.
There is no way to eliminate all risks for them. A serious buyer acts like they are serious, not like this. Tell them to pay up (if you want to be really nice you can offer them the chance to return the pony in the same condition and refund their $ in 30 days) or bring the pony home because you have other people who want to try him.
At this point, it's nobody but you who is responsible for the pony. Go get pony at your expense, ditch YOUR trainer never mind the other trainer and the buyer and handle the situation from there. If pony is hurt or needing vet care go after everyone involved. You are the decision point and the ultimate point of action.
People, please read! The OP has already said in post #87 that she is letting them keep the pony another 3 weeks.
OP, I don't think you are the biggest idiot of all times. I can see both points of view, and I know of 2 fairly recent situations close to me where it worked out for the owner/buyer to be accommodating. The only thing I would warn about is assuming that because the kid's parents have money they are trustworthy and won't screw you. I hope this works out for you.
(Edited for typos.)
Last edited by TemJeito; Apr. 25, 2013 at 08:41 AM.
I think if this were my pony, the new contract would require the buyers to actually stroke a check to me for the agreed upon sales price, particularly since the animal has already passed the PPE.
I would require insurance for this additional trial period and structure it as a lease, with the stipulation that the pony can be returned on X date for a patial refund, (defined as the sales price less the lease fee, which I would make ~ 15% of that sales price) IF and ONLY IF she is returned in the same condition she was in (as documented in the PPE) at that time.
Oh, and OP... if I were you, I'd at least run that contract by a lawyer before sending it on to your buyers. Your trainer didn't handle round 1 very well if she did not even address the basics, like shipping, in your first agreement. I'd make sure the bases are covered this time.
********** We move pretty fast for some rabid garden snails.
Yeah. I would definitely say no, take her home, and show her to other buyers. There is just no way they should need to lease her for a month. And it is taking the time away from showing her to other buyers. As a seller, what they are doing would make me so annoyed.
Not to mention that bad handling and bad riding can screw up a perfectly good pony/horse in a very short period of time. One of the reasons I would only allow any riding on my own property and under my supervision to make sure nothing goes awry. I hope only the best for you, but hope you have taken injury and improper handling/riding for that particular animal and stipulated considerations for all that.
This saga brings back (vague) memories of a woman in Ky. who asked advice about sending a horse on trial to a buyer in Fla. She was advised NOT to do it, but did...then spent months trying to find and get her horse back!! The details of that deal are sketchy in my mind, but this deal "smells" the same to me. Hope it works out better!! Some people are just too trusting and gullible in today's world!! A horse is just like cash money...would you trust a handful of cash to a stranger??? I would not!!
I think if you feel good about your decision that is the important thing. The problem is letting the so called " trainers" handle everything and feeling like you have no control. I would have some concerns about them having the pony shod as all farriers are not created equal. While I understand their need to be sure of their daughter's safety, this is a horse after all and they do spook, kick and rear up under the right circumstances. If they can't understand that then maybe they need to get their kid a rocking horse instead. I would have a trailer lined up and ready to go the day the trial is up and get the pony back yourself. Best of luck.
Been wondering if the OP was in Florida since the first post!
I'm having bad feelings about this whole deal and the OP/owner's lack of a backbone. The more polite/giving she is...the more likely she is to get screwed. Now she doesn't seem to want any more input from the COTH community of "Great Minds and Experience"!!! DH and I (who NEVER send a horse on trial...no exceptions!!) have a saying. "In God we trust...all others pay cash!" Saves a lot of hassel and heartbreak. OP has never answered the question if she has ANY sort of deposit in her hand. Hope she comes out of this okay.
I've bought a horse on trial (10 days, for my DD) and the only thing I had done was a PPE and an evaluation (i.e., riding lesson) with her trainer. It didn't even last 10 days, I only asked for 10 days because I wasn't sure I could get the vet out in 7.
I sold a horse with a trial (3 months) but before anyone goes it was to a dear friend and I had a signed contract before she left the property, she was going 45 minutes down the road, and the dear horse was a 3-figure trail horse. They still have her too. Naturally, having her three months, they had a PPE as well as a couple farrier visits for her.
OK, what I am most curious about is this - how common is it for a person to take a horse on trial and not only have it shod, but get spring vaccinations on it as well (and I bet they got a coggins too)? If they are that set on purchasing, why aren't they purchasing? Personally, I know it's "just" spring shots, but if I sent a horse out on trial I would expect to be asked permission before the people who have it on trial go having it shod/vaccinated/etc. Had they even asked you if you knew of any allergies or reactions the pony may have had in the past? I wouldn't even WORM a horse I have out on trial without asking the owner. Maybe that's just me
OP, I really hope this works out for you, I hope they are being honest and do end up purchasing (sooner rather than later!) I just smell a rat somewhere in the barn... maybe it's not the potential buyers, maybe one of the trainers is trying to get extra commission somewhere, but something is not right.
I sure hope the situation resolves in a final sale.
how common is it for a person to take a horse on trial and not only have it shod, but get spring vaccinations on it as well (and I bet they got a coggins too)?
Possibly not that common, but I have just done precisely that. I have a horse on 2 months (!!!) trial from a breeder 3+ hours away. As soon as she stepped in the barn, she was dewormed. 2 days later it was spring vet call for the herd. I had shots and teeth done (including pulling a wolf tooth - yes we called the owner to double check it was ok to yank it) and a Coggins pulled. All of that is in the best interest of both myself and the horse. It's a bonus for the owner if I send her back. The owner was aware that this was all going to happen and that when she's due for a trim she will be trimmed/shod as required.
FWIW, we have a sort of a lease to buy/return contract. I'm obligated to keep the horse healthy and happy. The owner is obligated to keep her off the market until I decide whether to buy or return. However, I am also obligated not to ship out during the lease time. That works for me because I can't see going from unbroke to showing within 2 months. That may have needed re-negotiating if I were buying a ready to show horse. However, I wouldn't consider 2 months a reasonable trial time for a broke horse going to an adult owner.
Ahhhh, spring is here. The birds are singing, the trees are budding and the paddocks are making their annual transformation from cake mix to cookie dough.
I know that you have already made your decision, and in this market it is tough to turn away a potential sale. Conventional wisdom says that the longer that the pony stays with the kid, the more likely it is to be a sale.
If it were me (for others that may be in this situation in the future) I would have required the money for the final sale to be deposited in a escrow account before extending the lease. I would also have insisted on a independent vet assesment as to the health and soundness of the pony as of the date of the extension. Finally I would have required an insurance policy for major medical and mortality naming me as the beneficiary. If they try to come back to you for yet another extension, require all the above and a monthly lease fee on top of it that will make it worth the aggrevation.
OP, you're in a tough place. I sincerely hope that this does not turn into a full show season extension of a trial, and come the end of August, the pony is deemed not suitable for the child.
sascha, in your situation I can see it - 2 month trial/lease, and you're in personal contact and asking permission. Even in the 3 month trial I let my mare go out on, I had in the contract that emergency vet visits were to be handled by calling the vet and then calling me (at least leaving a message) and all other situations were to be handled by at least asking permission first. They purchased her just shy of "shot" time in the spring and Coggins expiration, so I could have seen that situation coming up.
I guess what would be making me nuts about this scenario is the lack of communication and the fact that the farrier/vet work was done so soon after the pony arrived at the new place, yet they are so hesitant to purchase. I guess it takes all sorts of folks to make the world go 'round, huh? It's just not how I would do things.