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Update to Forum Rules: Criminal Allegations

In our continuing effort to provide an avenue for individuals to voice their opinions and experiences, we have recently reviewed and updated our forum policies. Generally, we have allowed users to share their positive or negative experiences with or opinions of companies, products, trainers, etc. within the industry, and that is not changing.

When it came to overt criminal allegations, however, those discussions have in the past needed to stem from a report by a reputable news source or action by law enforcement or the legal system.

We are now expanding our policies to allow posters to share their own first-hand experiences involving overt criminal allegations, such as animal abuse or neglect, theft, etc., but only if they publicly provide their full first and last name along with the post. We still will not allow anonymous postings alleging criminal activity.

So, a user may now make a specific claim against a named individual or company, but it must be a FIRST-HAND account, and they have to IDENTIFY THEMSELVES. Users have always been legally responsible for their posts, and nothing has changed there, but we want to loosen the reins a bit and further allow the free flow of discussion and information relevant to the horse community.

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Forum rules and no-advertising policy

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Asking for my horse back.

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  • Asking for my horse back.

    I sent my 6 year old warmblood mare to a trainers on an agreement she would make commissions on the sale.

    I’ve recently found out the trainer has made no effort to set up appointments for the mare to be view even though there had been interest in her. The trainer is using my mare in her lesson program.

    Im thinking I should be asking for my mare back. She’s been using her for free in her lessons. Instead of trying to sell her. She’s had her 8 months and hasn’t had a single viewing and I would like to sell this mare to buy something more suited to my discipline.

    How do I ask for her back without creating a huge issue and getting stuck with a bill while remaining professional and firm.
    Sos

  • #2
    I think we need to know more about the arrangement to best advise you. Was the arrangement that the commission would pay the training fees? Or, are you paying monthly training fees and the commission is on top of that. And, is anything in writing.....
    pace, path, balance, impulsion and ??

    Don't panic! Ralph Leroy Hill

    Comment


    • #3
      Do you have a written contract? If so, what does it say? If not, go and get your horse with any appropriate paperwork proving ownership in hand, and if there’s any problem call the Sheriff.

      Comment


      • #4
        Originally posted by Toblersmom View Post
        Do you have a written contract? If so, what does it say? If not, go and get your horse with any appropriate paperwork proving ownership in hand, and if there’s any problem call the Sheriff.
        Yep.

        It all depends on what your contract states, if there is one. Otherwise, you are under no obligation to pay her once the horse is picked up. She obviously hasn't been doing her part.

        Comment


        • #5
          Has the relationship gone south? Just ask her otherwise.
          hey someone contacted me to say they tried to look at dobbin, and you didnt arrange a viewing?

          Make it clear the horse needs sold, like soon, as you want to buy something else, and say if she is too busy to market her you will need to find someone else. 8 months is way too long.

          Comment


          • #6
            If you have a contract, and trainer is in violation of the contract, simply inform the trainer of the violation and go take your horse back. There's no "asking" about it.
            If there is no contract, go take your horse back.
            If there is a contract and trainer is not technically in violation of it, although they're being shiesty, provide 30 days notice or whatever is required of the contract to remove the horse from the program.
            Last edited by mmeqcenter; Dec. 5, 2018, 08:27 PM.
            "The best of any breed is the thoroughbred horse..." - GHM

            http://www.mmeqcenter.com/sale.html

            Comment


            • #7
              Sounds like she had no intention of selling your horse but instead got free use of a nice lesson horse. I hope you weren't paying training board on horse all this time. I bet she thought you'd never find out.

              Comment


              • #8
                This sort of game is as old as the hills.

                Comment


                • #9
                  Some pointers for the future - the next place you send her, keep an active flow of communication with the trainer you've tasked with selling her. You're the manager here, and you may have to routinely ask if the horse has been advertised, where, if there have been any bites, and pushing to get things moving faster. Communication and contracts are how you prevent serious issues and getting stuck with bills. Don't let months go by and then realize there haven't been any bites.

                  It's hard to say what this trainer's intentions were. IME, most people aren't actively trying to screw anyone over, but they may or may not feel the same sense of urgency as you do, not be on the same page in terms of the offer you're looking for, not realize how long it's really been since they don't get the bills every month, or might just not be great at selling horses. Rarely can you turn a horse over to a trainer and watch the magic happen.
                  If the pony spits venom in your face or produces a loud roar, it is probably not a pony. Find another. -The Oatmeal

                  Comment


                  • #10

                    This sounds like a trainer I know of. But there are probably many others that pull this as well. It's attractive to sellers that can't afford the standard cost of board and training fees ($$$) when selling through a trainer, and it's most often referred to as a "consignment" program. Owner might pay board monthly but no "training" fee, and/or trainer floats the cost of board which is then taken out of the sale price (and trainer always promises they can sell horse for big bucks!).

                    Unfortunately, I don't think there is a way to get your horse back without also receiving a large bill for the services provided (board, possibly training) over the last 8 months. What does your contract (or however this arrangement was agreed upon) say? If you have not paid board, even that cost is going to be in the $3-5k range, minimum... whether or not "training" has been provided is arguable, but be prepared to be taken to small claims to argue what is truly owed.

                    Comment


                    • #11
                      Wow, I bought my horse off of a trainer who was doing the same thing. Exact same ordeal -- using the horse in lessons, enjoying the free ride. Interesting.

                      Luckily through connections I was introduced to my horse, and got her for about a quarter her worth and initial sales price. Owners at the time didn't care about the profit, (and could afford to let her go for peanuts) just wanted the horse out of the frustrating situation. I would get her out of there ASAP or make some moves in regards to getting this process working as it should. Look at your contracts and talk to the trainer.

                      Put yourself in a position to still make your money from this sale so you can move on. Nobody is benefiting right now except the trainer.

                      Comment


                      • #12
                        This happened to a friend of mine. It came to a head when I had a client interested in one of the horses, and the trainer/coach tried her best to sabotage any sort of sale (first she locked her gate and wasn't home when we went at the pre-arranged time, second time she wasn't around and left her boyfriend to deal with it...and then told the seller we were abusive to the horse...apparently the boyfriend didn't tell her the seller was there too). Yes, it caused a kerfuffle when she pulled her two horses, but that wasn't her problem. The horses were there to be sold, not to keep her business going.

                        Likewise, I am not sure why you are worried about causing a problem for someone who is not meeting their obligations and taking advantage of you.

                        Depending on your contract, one way out, would be to get a friend to pose as an interested party, and see what happens.
                        Freeing worms from cans everywhere!

                        Comment


                        • #13
                          Unless there is a contract which states how long the trainer has to sell your horse, then go get your horse back. If the contract is open ended as far as timeframe goes then you can get your horse back. The only stipulation could be what expenses are you paying for currently? Since you state trainer is using your horse for lessons - free, it leads me to believe that you are paying monthly expenses. If you're not, if you have solid proof that she's using horse for lessons then I think you have room to negotiate expenses. Call trainer and tell them you are picking horse up this weekend.(sooner the better) Period.

                          Comment


                          • #14
                            Your contract should specify how it is to be terminated. It should state what fees you owe for the trainer's services, i.e. commission, board, vet, farrier, etc. No contract is not a good place to be for either you or the trainer. I would not delay in dealing with this problem.
                            Where Norwegian Fjords Rule
                            http://www.ironwood-farm.com

                            Comment


                            • #15
                              Originally posted by Strugglingamature View Post
                              I sent my 6 year old warmblood mare to a trainers on an agreement she would make commissions on the sale.

                              I’ve recently found out the trainer has made no effort to set up appointments for the mare to be view even though there had been interest in her. The trainer is using my mare in her lesson program.

                              Im thinking I should be asking for my mare back. She’s been using her for free in her lessons. Instead of trying to sell her. She’s had her 8 months and hasn’t had a single viewing and I would like to sell this mare to buy something more suited to my discipline.

                              How do I ask for her back without creating a huge issue and getting stuck with a bill while remaining professional and firm.
                              Sos
                              Just in case the OP goes poof.

                              Comment

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