# I'm pretty sure I made a huge mistake not making a contract.



## FlyinSoLow

Like the title says, I'm pretty sure I made a huge mistake not making a contract. :-(

I was trying to sell my horse becuase I just don't have time to ride him and with winter here and board running $400 a month I THOUGHT the best thing for the two of us was to find him a better home where he can get attention.

So, someone came out to try him, they loved him (she shows and he is perfect for that) and even asked if I would consider a two week trial period so their trainer could work with him and to see how he would settle in. I had no issue with this; then they asked about payments... sorry I don't want to mess around with that. They could not afford what I was asking outright, I totally understood why I didn't get a call back and why they never asked to take him on trial.

Fast forward a month or so and like 10 people telling me they were taking him then backing out I reduce his price by a lot; the girl calls me again, she wants to take him for a two week trial. Yay! They did click well together. They picked him right up.

I already planned on really reducing the price for her without her knowing, I remember not being able to shell out the money for a show quality horse but really wishing I had one. 

While they were picking him up she hands me a check for $100 as a deposit... I thought for a moment and said "Look, Take him for two weeks and if he works out then I'll cash this check and we will call it even". She was almost in tears. I thought this was a perfect situation for my guy, he will be loved, trained properly, and shown! 

The trial was for two weeks; A week later she calls me back everything is going well. Two days after the two week mark I don't hear from her so I am wondering whats up, I call and she says he is perfect and her trainer loves him... but dont cash that check or it will bounce! What?!
She tells me her dad's bank got a bit messed up and they will pay me in cash, where can they meet me? I tell her I will come to their farm.

Well of course this is the day before thanksgiving, I work in retail so Black Friday, Sat and Sun are crazy for me, I call her monday and me make an appointment for tomorrow for me to be paid! (Sat)

All the while I am a mess becuase if you can't afford the $100 you technically handed me yourself how will you afford my horse? I think I let this go to far. :-(

If I call her tonight to make sure we are still on for tomorrow and she tells me they don't have the money yet do I have a legal right to get my horse back? Right now I regret everything and I just want him back but I will be ok (I could live with it I guess) if everything works out.

There was no contract and she has his reg papers already... I handed them over with him... Stupid, stupid, stupid. :---(


----------



## Gus

i'm sorry. It is always best to do a contract.....so what happens now?


----------



## FlyinSoLow

Tonight I will call them and make sure we are still good to meet tomorrow, I guess if they say we are and I get my money everything is fine...

But I'm worried they wont have my money, and will put it off a little longer, and a little longer...

If thats the case I just want my horse back!

I was wondering if I could still get him back if it comes down to it.

I feel bad, she really likes him... but still... its A hundred dollars... that won't feed a horse for more than a few days... and THAT worries me!

I should have just kept him and let him sit for the winter. I bought him in April and he was super thin but was putting on weight well under my care, I know if he sat all winter he would be looking sharp come spring.  Guess its too late for that though...


----------



## Plains Drifter

I would think that if you can't cash the check, then they haven't paid you. Go out, return the check and take your horse back. Wish I lived close to you. I'd kill to have a horse to ride through the winter months. Sadly..I have to wait til the girls are old enough to ride.

Or..go to their back and get something from the teller saying they don't have the funds in their account to cash the check, then go out and get your horse. (The bank will mark the check insufficient funds..we had something like that happen when we sold our car and went to cash the check they gave us.)


----------



## churumbeque

I would go to the bank personally to cash the check. Then it will be stamped insufficiant funds and you will have proof that he hasn't been paid for. I would call teh registry asap and fax them a copy of the check so they can't get him transfered. I would then call teh sherrif and or small claims and get your horse back asap. Don't mess with them and let them dissapear or sell the horse


----------



## FlyinSoLow

churumbeque said:


> I would go to the bank personally to cash the check. Then it will be stamped insufficiant funds and you will have proof that he hasn't been paid for. I would call teh registry asap and fax them a copy of the check so they can't get him transfered. I would then call teh sherrif and or small claims and get your horse back asap. Don't mess with them and let them dissapear or sell the horse


 
Thanks for the good advice. This was also suggested to me by my mom who is pretty smart about the law stuff. She suggested that if they tell me they don't have the money then I should do just as you said.

I am aware that likely small claims will cost more than the $100 but it would be worth it.

Again, hopefully they just give me my money and thats that!


----------



## churumbeque

FlyinSoLow said:


> Thanks for the good advice. This was also suggested to me by my mom who is pretty smart about the law stuff. She suggested that if they tell me they don't have the money then I should do just as you said.
> 
> I am aware that likely small claims will cost more than the $100 but it would be worth it.
> 
> Again, hopefully they just give me my money and thats that!


Small claims is around 60.00 in my area and if they loose you get that back also.

I guess I am suprised that you want them to keep the horse. I thought you wanted it back, not the money. 

If you just want the money go to the bank on a friday after pay day when they are likely to have money in teh account. You can also ask the bank how much you need to deposit for the check to clear. If they have 90.00 in there you could deposit 10.00 and cash the check


----------



## ShutUpJoe

Are you going to give her the benefit of the doubt and at least see why her dad's bank account was messed up? My husband has the same name as another client at our bank and someone garnished our account thinking it was him. We were in the negatives. It took a couple weeks to get it fixed too.


----------



## FlyinSoLow

ShutUpJoe said:


> Are you going to give her the benefit of the doubt and at least see why her dad's bank account was messed up? My husband has the same name as another client at our bank and someone garnished our account thinking it was him. We were in the negatives. It took a couple weeks to get it fixed too.


 
I am giving her the benefit of the doubt, I just wanted to be prepared for the "what if...?". They seem like nice people, they really do.

In truth, I would rather have my horse back... I kind of regret selling him already but that is niether here nor there, I already offered him to them and we already set up a date (tomorrow) to exchange the money at their barn. :-( I just hope they take good care of him.

I called them today and so far we are still on for tomorrow at 11:30.
So it should be fine.


----------



## ShutUpJoe

That really sucks. I've been there and sold a horse that I instantly regretted selling. I really have no advice when it comes to getting the horse back. It sucked losing my "heart" horse the first time and then my mom traded her horse for him but the trade didn't work out, it hurt even worse losing that horse a second time. Have you offered to buy him back if anything happens?


----------



## FlyinSoLow

ShutUpJoe said:


> Have you offered to buy him back if anything happens?


Yes, I have sold one other horse in my lifetime, and I also have first-dibs on him... but he went with a dear freind so it was easier...


----------



## Saskia

Do you have a receipt from when you purchased him? Or things in your name? Is your name on the rego papers?

I would try and get the horse in your possession again - once you have done that it will be much easier. Do you have emails discussing a trial? In a trial the owner can also take the horse back. 

I understand that there can be problems with banks...but people should not write a check if it cannot be honoured. And $100.. that is nothing in the world of horses. I would be concerned. Perhaps say you are not convinced that he is going to the right home and offer a lease? Come with a contract prepared? Lease him for a few months and you can check up on him or repossess him if need be, then if you think they're a good home sell him?


----------



## VelvetsAB

_Tell them that because of the cheque mishap, that you will only accept a certified cheque. Then you will know that it wont bounce._


----------



## RitzieAnn

Has this been resolved? Take the check to the bank anyway. They will either mark it NSF, or they will cash it. I know I messed up on my accounting once a few months ago & didn't realize a different check hadn't cleared... a check over drafted my account by about $80& my bank still paid it.

Or, do what somebody else mentioned. Call the registry. Go get your horse. And always have something in writing if the horse leaves your property. Even something as simple as a note saying "(horse) will be in full financial care of (people) until paid for on (date) if not paid by then, the animal comes back to my property." Both sign it.
_Posted via Mobile Device_


----------



## KANSAS_TWISTER

wow it sounds like the couple across the street from me. I sold a horse trailer to them in july, stupid me i did not write up a contract, they said that they would pay me the rest the following month.....6 months later, with threat of taking them to court it was paid off, my problem with your seller is .....if she is having problem with having a $100, can she pay a trainer?


----------



## sarahver

Wow that is so unfortunate for you, especially since it sounds like you gave them a pretty incredible deal on a good horse. I would be worried about their ability to look after him properly too, $100 doesn't go a long way towards the upkeep of a horse.

I hope you can get him back, good luck.


----------



## Oxer

i am paying for my horse in payments. he was for sale through a barn mate of mine. they wanted him to go to a great home and (of course) i didn't have ten grand just hanging out in my bank account. anyway... her and i both signed about 5 pages of legal docs. But i still pay, EVERY PAYMENT, with a cashier check. That way, i can keep track of every payment, and she never has to worry about it bouncing. i don't get his passport or his papers until he's paid off. 

I would love to know how this all turns out. It's really a shame at how people will steal and jerk others around without even a second thought. but, i am hoping this will not be the case for you!!!


----------



## WickedNag

I think anyone waiting to see an outcome on this may as well give it up. The OP has not been back on the forum since her join date and the date of this post.


----------



## Hidalgo13

My lesson of the day: never, ever not make a contract. 
I hope it all goes well though!  It's really unfortunate for you and your horse and if they still can't pay you, take your horse back and tell them they can come buy him when they have MONEY! LIke really they don't have a 100$? i am still clueless how if they don't have that money, how are they going to feed themselves, never mind the poor horse.


----------



## FlyinSoLow

*Well sorry everyone, I took a much needed break from the horse stuff. I have been busy with work and training my field trial dog all over the east coast haha. I am getting married the very beginning of September and after that I plan on getting into horse shopping for a Western Pleasure type QH (will likely be a gelding). My wonderful man has offered to fence in 4 acres and build me a little shed-row type barn. Things are looking good.*

*However I came HERE to update you on what went down here…*

*I did sell the horse for $100. I thought I did a good thing. The girl was so nice and was an excellent rider she just needed a good horse to show AQHA shows but could not really affored something of the quality that my horse was… I remember being there myself. I did not have time for the horse and I wanted to give someone the opportunity to do something I always wanted. *
*I sold my wonderful horse for $100, eventually I got my money too! *
*I told her I would buy him back if she ever wanted to sell him, and I told her that I would expect to pay more than $100 in that event but that was ok.*


*In the end it was a huge mistake.*


*A year later ‘my’ horse is for sale for $A LOT MORE. *



*She never contacted me, I found his ad myself. I guess she did not have the guts. *
*I cannot and will not buy him for $X000. I sold him for $100. I have not contacted her in an effort to buy him back, I figured at that price it isn’t going to end well anyway. But ohhh, how I want that horse back. It broke my heart to see that ad. Its not about the money, I don’t care if she makes $XXXX on him, I just want that horse back, I loved him and wanted what was best for him, I wanted him to be worked with and loved… I did love him, and still do, but I just can’t do $XXXX. That’s life I guess.*

*PLEASE learn from my mistake. It your heart tells you NO! DON’T! Listen to it. Don’t end up like me. Lesson learned; Being a good person and doing nice things for others does not pay.*

*I’m moving on from this and will eventually get another horse, I won’t make this mistake again and the next one will be mine till one of us dies… I just wish that horse was him!*


----------



## Speed Racer

Flyin, if it's any consolation, it's unlikely she'll get $7,000 for him. It's a buyers market right now, and she'll be lucky to get $1,000.

I do feel badly for you, but as you said, the horse is no longer yours and his current owner may do with him as she wishes.

What you did was a good thing, and nothing can tarnish that. 

Congrats on your upcoming nuptials.


----------



## FlyinSoLow

Yes your right. I went back and took away the dollar amount from my post becuase I realized she uses this forum also... I don't want to create issues... so this is really all just water under the bridge. I just hope someone else can learn from all this! :?

I wanted to offer her $3000 but I don't think she would consider that a "reasonable offer". I wont waste her time with it. Hehe


----------



## equiniphile

Honestly, I would call her if it were me. You did her a HUGE favor by giving her a show horse for that price, and I know if anyone did that for me I would willingly be forever in their debt. In any case, it can't hurt to call her up and offer to buy the horse back for < 3k.

This is a terrible situation, but really has given me insight on ALWAYS having a contract, even if the buyers/sellers are friendly and honest, because sometimes things happen that are out of their control, even if they do want to do the right thing.


----------



## FlyinSoLow

I guess your right too... I can always offer her the $3000 and if she doesn't take it no harm done. 

Don't get me wrong, I'm sure she put a lot of work into him too... he was not show pen ready when I sold him but he was being ridden walk jog and was pretty unflappable for a then 3 year old.


----------



## FlyinSoLow

Ugh I just noticed this thread was started in Dec 2010 so really I sold the horse 9 months ago.


----------



## ShutUpJoe

I would definitely offer her the $3000..... It sucks that she bought the horse from you for $100 and turns around 9 months later wanting to sell it for that much! I had something similar happen in a trade. The horse was an ex-cattle horse that was just a bit much for me. I traded the horse for a supposedly really well broke trail horse, that dumped me every time the wind blew wrong. A few months later I saw the other horse for sale on craigslist. The lady said that she wanted the horse for herself and made it sound like she wasn't going to sell him.


----------



## FlyinSoLow

ShutUpJoe said:


> I would definitely offer her the $3000..... It sucks that she bought the horse from you for $100 and turns around 9 months later wanting to sell it for that much! I had something similar happen in a trade. The horse was an ex-cattle horse that was just a bit much for me. I traded the horse for a supposedly really well broke trail horse, that dumped me every time the wind blew wrong. A few months later I saw the other horse for sale on craigslist. The lady said that she wanted the horse for herself and made it sound like she wasn't going to sell him.


Well I put my offer in, we can only wait and see.

I don't know why she is selling him, so please no one jump to conclusions that she just wanted to make a profit.

Perhaps somthing happened and she can no longer keep him, maybe she was ambarassed to tell me, or thought I did not want him back... who knows. 

Like I said, its all wait and see now... I just hope she gets back to me either way... I'm looking for another horse anyway but I sure would love to have this one back! 
I will never sell another horse again thats for sure! :-x


----------



## gigem88

I hope it works out for you!


----------



## WhoaNow

I would have probably had another person go buy the horse back as my 'agent'.
Imagine her surprise after the deal
Hopefully you will get YOUR horse back.

Sadly, again I find myself saying this,..., "No good deed goes unpunished".
I truly hope you get YOUR horse back FSL.

Good luck, and keep us posted:wink:


----------



## FlyinSoLow

Yeah, I'm not counting on anything though... In my experience the only person that does anything 'just to be nice' or 'becuase they really deserve it' is me. :-(


----------



## Speed Racer

FlyinSoLow said:


> Yeah, I'm not counting on anything though... In my experience the only person that does anything 'just to be nice' or 'becuase they really deserve it' is me. :-(


Naw, you're not alone. There are plenty of people who do the same, and keep doing it even after they get burned.

Except for lending my rig. _Nobody_ gets my rig. :wink:


----------



## gigem88

FlyinSoLow said:


> Yeah, I'm not counting on anything though... In my experience the only person that does anything 'just to be nice' or 'becuase they really deserve it' is me. :-(


You're a rare gem and don't change. The world needs more people willing "just to be nice", it sure would make it a better place. Good things will happen for you. I do like the agent idea!


----------



## FlyinSoLow

I will make sure I keep everyone informed about how this works out.


----------



## Domino13011

I really hope she will sell you your horse back I just recently sold my horse and I regret it everyday.


----------



## Golden Horse

What a fantastic thing you did, as someone else said the world needs more nice people.

Seems to me at this stage that $3000 would be more than fair, even if he is worth $7000 it mean sthat you are kind of splitting the difference, she has put a lot of work into a horse that she basically got for nothing, so she gets something to recognize that, in affect you are paying her as a trainer.


----------



## FlyinSoLow

Golden Horse said:


> What a fantastic thing you did, as someone else said the world needs more nice people.
> 
> Seems to me at this stage that $3000 would be more than fair, even if he is worth $7000 it mean sthat you are kind of splitting the difference, she has put a lot of work into a horse that she basically got for nothing, so she gets something to recognize that, in affect you are paying her as a trainer.


Thank you. This makes me feel a lot better.

Even through all this I didn't want to low ball her.... I wish I could make everyone happy all the time... 

_...but right now I just want to be selfish and make myself happy._ :lol:


----------



## FlyinSoLow

nothin yet.... :-(

But I think she may not have internet? Perhaps tomorrow I will call her....


----------



## Horserider33

hope you get him back!! good luck!!


----------



## Celeste

I never intend to sell or give away another horse. I gave one to somebody that had a great farm but no money to invest in a horse. That horse ended up sold at public auction. I sold another one. The people didn't feed her properly. They also wouldn't sell her back to me. She eventually ended up with a good home. I hope you get your horse back.


----------



## FlyinSoLow

She has agreed to sell him back to me for that price... We haven't really talked yet except through e-mail... but I think I'm getting him back! (If nothing changes).

I am leaving for vacation tues and will be gone a week. I hope everything gets worked out and paid for before I leave :lol:.


----------



## Alwaysbehind

Golden Horse said:


> Seems to me at this stage that $3000 would be more than fair, even if he is worth $7000 it mean sthat you are kind of splitting the difference, she has put a lot of work into a horse that she basically got for nothing, so she gets something to recognize that, in affect you are paying her as a trainer.


Remember this when you talk to her. GH makes a great point here. If she does start to bicker about price find a nice way to say what GH said.



FlyinSoLow said:


> She has agreed to sell him back to me for that price... We haven't really talked yet except through e-mail... but I think I'm getting him back! (If nothing changes).


Congrats.


----------



## Dusty1228

Edited because I had missed the post that stated you would be buying him back.
Congratulations!!!


----------



## MHFoundation Quarters

Congrats! Glad you are getting your horse back!  Be sure to post pics!!!


----------



## gigem88

I'm so very happy for you! Please post some photos.


----------



## FlyinSoLow

I am paying for him today... in a few hours in fact. 

I just wanted to throw another lesson I learned from all this out there...
...It was hard to not judge and not jump to conclusions through all this. I do think for the most part it is human nature to expect the worst and hope for the best.

THIS is a good example of why you don't just run and jump down someone's throat and get all worked up... for nothing.

I calmly sent this girl an e-mail explaining (like the adult I am) what I wanted to offer. why I was offering that amount, and why I just could not give her the amount she wanted. I am sure the tone of my e-mail hinted my slight displeasure but in all the e-mail was short and to the point.
She then e-mailed me back (like the adult she is) that there was more to her selling him that she could tell, that she would not have even considered the offer had it been from anyone else, and that she would indeed sell him back to me. 

I wish there was more people like this in the world. Have a good week everyone!


----------



## ShutUpJoe

Yea!!!!


----------



## Speed Racer

Thanks for the update, Flyin. So glad this young woman really is the person you originally thought her to be.


----------



## Alwaysbehind

What great news. So glad this person ended up being a good person.


----------



## SugarPlumLove

Congrats FlyinSoLow!


----------



## Dusty1228

Isn't it a relief sometimes to realize that people can indeed be reasonable? I'm so glad things worked out for you and that you will be getting your boy back! Good Job holding onto your head and not just starting off by psycho-ing out! Sometimes this adult hood thing isn't so bad.


----------



## equiniphile

I'm so happy for you, you'll have to post pics when you get him home ;-)


----------



## crimsonsky

i can't wait to hear how this story ends and see pics of you and your boy!


----------



## Corporal

Agreed! Congratulations for successfully pursueing this! **hugs** post pics soon


----------



## FlyinSoLow

Well after being away for a week I finally get to go back to the barn later this morning! Yay!

Anyway, last Tues I paid for him... I got a bill of sale hand written by the owner plus I brought along my own AQHA Transfer papers al ready for her to fill out, got his AQHA papers gave him a kiss and left for my week of vacation. 

She did not have her AQHA Member Number so I just need to get that before I send in the papers. Everything else is ready to go and be sent in and everything was signed and dated!
The barn he is at is a nice place, though I am working on getting him moved to a friends for a month before I bring him home. But who knows he might stay there. The barn owner was super nice and he likes the horse a lot, it just wasnt for her I guess. He did tell me the horse could go places if left in a training schedule/barn (but did not push his place at all) so it was pretty cool to see the horse doing well!

Off to the barn in a bit, I'll get photos!


----------



## iridehorses

FlyinSoLow said:


> She did not have her AQHA Member Number so I just need to get that before I send in the papers.


Unless anything has changed with AQHA, her number should be next to her name on the papers.


----------



## FlyinSoLow

iridehorses said:


> Unless anything has changed with AQHA, her number should be next to her name on the papers.


They must have changed becuase its no where on the papers. :-|


----------



## FlyinSoLow

Everything really worked out, well almost. I got my AQHA papers in order and got them back but my mothe,r thinking they were junk mail, burned them haha! I know I just have to call AQHA but at least he is in my name! What a project though!

After a month my horse came home. He is pretty happy even though he doesn't have a barn just yet (just shedrow type shed that I can lock him in) and his pasture will be a lot bigger next spring. His barn will be biult within this month and my husband is being very good about this whole thing.... he is really going all out for this guy! 

He was living at a nice barn in his 12x12 stall with no turnout... but I think he looks pretty happy with his crappy shed/stall and his paddock full of hay and grass! :lol:

I was worried the person who I sold him to and bought him back from might see this at first... but now I'm not worried about that... Here is the horse I will have for the rest of his life; Pjs Classic Style aka PJ.


----------



## HollyBubbles

Awww he's gorgeous! I'm so glad you got him back after all that 


Cheers to a happy day!


----------



## raywonk

I am so glad it worked out and at that price it is less than the coast of training for 9 months.


----------

