# Horse sold without a contract- and now person who bought her threatens to sue



## maura (Nov 21, 2009)

No, I don't think she has a case. 

And the friend sounds like she's a straw short of a bale.

Stop answering the phone when the friend calls. 

It's unfortunate that the horse no longer suits her; but if you disclosed everything you knew, their was no intent to defraud. It is just horses acting like horses. 

I think this lady's recourse is to send it for some professional training or sell it, or both, in that order. 

This is not to say she can't sue you, she can. Which will be a nuisance and a pain for you. I just don't think she'll prevail. A friend of mine was in a similiar situation. Nice horse, needed an intermediate rider, that was fully disclosed, ample opportunities for buyer to try the horse, buyer got the horse home, didn't keep it in work, gets bucked off when it's fresh, wants the seller to take the horse back, threatens to sue. Friend did have to hire a lawyer to respond for her; and it was eventually dropped.

Stop talking to them and maybe they'll come to their senses. Good luck!


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## gigem88 (May 10, 2011)

I'd sue the "friend" for harassment.


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## iridehorses (Oct 22, 2007)

Welcome to the forum.

Sorry you have to go through this, especially at this time in your pregnancy. I'll preface this by saying that I am not an attorney so this is just an opinion.

I don't believe she has a case. You verbally informed her of everything you knew about the horse, she certainly had a option to do a PPE, and she rode the horse under the conditions that she preferred. She has had the horse for a month under stable and riding conditions that were out of your control. You have no idea of her riding abilities or the conditions that caused the horse to buck. She also knew the horse has bucked in the past.

I would let her "friends" know that she has to do what she thinks is best but either stop calling or you will seek relief for harassment.


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## johnsolo18 (May 3, 2012)

Thanks!!
This is very stressful- I was very honest with her and I thought she would be a good fit or I wouldn't have sold her. I guess I have done the same thing before though too- bought a horse I thought I would be compatible with and just wasn't. I did not blame the previous horse owner, though, and in this case it isn't even the lady who bought her from me who is threatening to sue- that is what is so crazy. I stopped answering the friends calls but now she is texting me- she says I am still liable for this horse and what she does because her papers are still in my name and there was no contract... I have never heard of this before???


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## iridehorses (Oct 22, 2007)

I have owned my mare, Bonnie, for nearly a year. She is still in the former owner's name because I just haven't bothered to send in the transfer papers - means nothing. Does she have a receipt for the horse or pay by check? If not, she has no proof of money changing hands so, if the horse is still "yours", tell them to return her.


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## johnsolo18 (May 3, 2012)

She paid with cash and never asked for a receipt- so good point!! If she's going to throw that in my face then I guess I could just tell them to give my horse back.


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## gypsygirl (Oct 15, 2009)

i dont think it matters at all whose name is on the papers. ive bought many horses to sell and i didnt have their papers transfered to my name. 

the friend sounds like an idiot, good luck !


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## cakemom (Jul 4, 2010)

The contract doesn't matter, just like you don't have one neither do they, idiots.
_Posted via Mobile Device_


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## Saddlebag (Jan 17, 2011)

Friend doesn't own the horse so she has absolutely no say in the matter. I suspect she is the one who talked the lady in to buying the horse and things didn't work out as she wanted.


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## mls (Nov 28, 2006)

I don't suppose you have any witnesses on your behalf?

When I have ANY new person come on property - sale, lease or boarding prospect, I always make sure to have another party there. Less room for he said/she said. Some folks simply like to say things that are not true!


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## natisha (Jan 11, 2011)

Did you sign the papers over to her? If so you did your part, doesn't matter that she didn't send them in.


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## johnsolo18 (May 3, 2012)

Yup, transfer papers were signed and given to her.


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## Dreamcatcher Arabians (Nov 14, 2010)

I'd file a harrassment report over the friends calls/texts and have the deputy/officer tell her to cease right now. I'd tell the new owner I was sorry the horse wasn't a good fit but that you have disclosed everything and it was on her to make her own decisions. None of this is your fault. I'd also drop a line to AQHA that I had sold the horse and give them all the buyer's info, and request they take the horse out of my name, ASAP. If push came to shove, I'd pay for the transfer (actually, when I sell a horse I do the transfer for the buyer. They get a copy of the papers showing that I've signed everything over to them, and a bill of sale. Then I drop the papers in the mail and send the check to AHA, PtHA or AQHA myself. That way I know it gets done.).


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## ThirteenAcres (Apr 27, 2012)

I have actually heard of several cases where the new owner did not have a bill of sale and did not transfer the papers and therefore lost the horse they purchased to the owner as they had no proof it was indeed their horse. I agree with to inform the friend to cease their calls/texts or you will look into filing a formal complaint, and tell the new owner that she can gladly return your horse if that is what she wants to do.


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