# lady selling mare I GAVE her for 10k



## EponaLynn (Jul 16, 2013)

I'd probably contact and attorney and then if he or she agrees, contact the woman to remind her of your agreement and let her know you're coming to get her.

Better yet, have the attorney send her a letter and maybe scare her a bit.


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## windysmontessa (Jan 4, 2014)

here is a link to one of her other numerous ads that she has listed. when I talked to her about this she stated that her daughter would be leaving for college in a few years and that she did not want to be stuck in a "desperate" situation with an aging horse. She said she listed her for 10k because she did not intend on selling her anytime soon, but wanted to get her noticed--and that's why she has her listed for so much money. Doesn't make much sense to me. Belgian Warmblood Mare | HorseClicks


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## natisha (Jan 11, 2011)

Wow, what a low life crummy thing to do.
As you did give her the horse it's hers to do as she pleases & without a contract it's a 'she said' 'she said' type of thing.
But that wouldn't stop me from giving her a not so nice call.

The good thing, I guess, is that the horse is priced high enough that she'll likely get a good home.


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## verona1016 (Jul 3, 2011)

It depends on what contract you and this lady had. If she has something saying that the horse was sold or given to her, then you're most likely out of luck. Clauses that disallow selling or a first right of refusal or similar do not hold up.

If you have no contract at all (from what I'm reading not sure if this was the case from the beginning or just that there was no final sales contract) then you may very well be able to have the horse returned to you. The best situation would be if you had a lease contract but never did a sales contract. Ideally, you'd be able to prove ownership in the form of a sales contract when you got her, and this lady would have no paperwork to back up her claim of ownership.

However, if you absolutely cannot take the horse back, then I would just let it go. With a $10k price tag the horse is not likely to end up in bad hands in the immediate future, though it's unfortunate that this home was not the forever home you intended it to be.


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## Skyseternalangel (Jul 23, 2011)

Here's another ad...

Whaley, Black Bay Belgian Warmblood Mare, Belgian Warmblood Mare in Michigan - DreamHorse.com Horse ID: 2010968


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## natisha (Jan 11, 2011)

As she appears to be registered it seems the OP did sign over papers.


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## windysmontessa (Jan 4, 2014)

No, I never signed her over. She came with her original Warmblood passport papers, which I never bothered to transfer to my name. I never exchanged any sort of paper work with the lady who has her now. However, I did give her all proof of vaccinations, vet records, and passport papers/pedigree. For the past 2 trail periods I did make the former leasers/trial persons fill out a lease agreement.

The lady who currently has her inquired about adoption papers a few months ago, but never followed through. I told her I intended to make up the terms of the agreement. I don't think her registration has ever been transferred from the farm she was branded at. This mare has a extensive and unknown history, which I know little of.


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## Corporal (Jul 29, 2010)

I am sorry for your situation. I didn't read that there was a written and signed by both parties agreement, so there isn't much remedy.
You know when you fix your own plumbing and it doesn't work right, and you plumber says, "You should have called me"?
Don't assume that an attorney will cost you thousands of money to negotiate a contract. Yes, some firms are pricey, but many other attorneys operate small offices and are happy to help you for a fair price.
Hugs sent for comfort. **hugs**


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## Zexious (Aug 2, 2013)

This is such a bummer... I'm so sorry you're having to go through this and having your generosity being taken advantage of. 

For clarification--do you or do you not have paperwork showing that you gifted the mare, but with stipulations?

Subbing...


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## windysmontessa (Jan 4, 2014)

I have no current paperwork with the lady who currently has her. If anything, I have the verbal word from the former leasers that she trialed with. They said they would be willing to confirm that I made them sign the written agreement and were aware that that would be the agreement for anyone. I don't know if that holds any water though.I guess I can say I set myself up for this. I had the lease agreement in my car when I went to go meet with the lady, but left it in my car and decided I would have her fill it out the next time I came to visit because things seemed to go so well. It was poor judgement and negligence on my behalf. I contacted the lady and told her that I felt betrayed, but did not say much else. I want to keep things peaceful. I fear that if she feels threatened by me the mare could suffer. I think my best option is to hope the lady will remain friendly with me. 
I do wonder how she can legally sell the mare if I never signed the horse over to her?


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## Yogiwick (Sep 30, 2013)

I would talk to an attorney, can you "prove" she is yours, legally?

It's pretty sketchy to me. She asks for adoption papers (maybe so SHE can "prove" ownership?? which means she feels she can't atm) then posts an ad:

"Haley (Whaley) is a 1999 mare, registered and branded with the BWP-NAD. I have been told she has had 2 foals in the past who went HITS (Florida). *I don't see anyone buying this horse as a broodmare, at that age for that price*

Presently, she is being ridden Dressage and some jumping, by a 14 yr old girl and 10 yr old boy. In a regular program with Grand Prix dressage trainer. Beautiful mover, very consistent and kind to her youth riders. Haley has not been jumped much, our focus is dressage, but she is true to every fence and has never refused. *Seems like they are advertising her as a kids horse. Never refused..whoop de doop*

She has been hauled off property to area schooling shows and barns to get more experience hauling children around non-home arenas. *again kids horse?*

Completely sound with no known previous injuries. 

Will consider trades for a 3-10 yr old draftxTB cross, sound, no injuries, lightly started preferred, but not required. *for TEN THOUSAND she will consider a young green draft cross??? For who? If she wants to trade why would she price her so high? So when she finds a green 10 year old conformational trainwreck as often happens with first generation crosses she will consider that an equivalent trade? What is she going to do with this horse, what if it's 3? Huge age range. Maybe she is trying to push daughter up?*

Many videos and photos available upon request. 

$10,000 OBO. *<---???*"

The whole thing is just strange and sketchy to me. If she's being ridden by a 14/10 year old she has 8 years (or "only" four if she is focusing on the daughter) to keep her..?

I sort of feel like this lady went "oohhh "warmblood"!! = $$$!!!" and didn't get any further than that..

I would definitely be talking to someone. Very lousy .

Thought- if she is registered the papers would need to be transferred through you before going to the "new owner" correct? So they really can't buy her as registered as you can refuse to transfer the papers, right? The small print reads "registered but previous owner still owns her and won't transfer papers so you won't actually get them, sorry". Doesn't sound as good 

I wonder if those sales sites will remove the ad if you contact them. Worth a try.

http://www.dreamhorse.com/ad/198985...-other-gelding-large-sport-pony-michigan.html
This lady is all over the place. But her dead broke all star 7 year old kids pony is worth 1,500... or trade for a tall OTTB. This is so weird....

(Maybe she is selling daughters horses to get ones for herself?)


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## SomethingSpecial (Aug 14, 2015)

If you have any paperwork at all from the previous owner (one who gave her to you) signing ownership over to you, this will be an easy battle. Even if you dont, if you can get in touch with the previous owner and aquire a bill of sale then you're golden. Check up on your ag laws. In alot of places you can just walk into the magistrate, show proof of ownership, and they will send the police with you to retrieve your horse. No lawyers involved.


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## Yogiwick (Sep 30, 2013)

Excellent idea, assuming since she was gifted that the gifter would be more than happy to "sell" her to you after the fact. Draw up a bill of sale for the original "gifting" in 2013. Are the papers still in the "gifters" name? That will just help you even more. Or since you still have them transfer them to your name immediately and that will just be more proof.


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## beau159 (Oct 4, 2010)

Unfortunately, let it be a lesson to never do anything without a WRITTEN CONTRACT. This is how things come to be messy like this. 

I agree with SomethingSpecial. If you want the horse out of their care, show your *proof of ownership* to the police, and go get your horse. If your story is true and you have not signed anything over to this lady, they will have no way to prove ownership. 

If you don't have proof of ownership, such as a bill of sale, again this is why you always get things in writing; even if a horse is _given_ to you. 

Do you have any written correspondence between you and this lady? Texts? Emails? Things in writing are things you can prove. Verbal is great and all, but then you get into "he said she said" arguement. I would text or email the lady and see if you can get her to say that she does not own the horse, or something to that affect. Then again, you can get the police involved and get escorted to go get your horse. 

Also if you have proof of ownership, you could report it to the horse-for-sale websites where she has her listed. They should be able to remove the listing, if you can prove the horse is not hers.




windysmontessa said:


> I stated in the agreement that if they decided to keep her that:
> 1. She cannot be sold
> 2. If they can no longer keep her I will take responsibility of re-homing her.


Even if you do sell the horse, there really is no legal binding that says the new owners can't sell her if they so choose. Once the "item" leaves your hands, the new owners can do as they please with it. That type of contract is very difficult to hold up in court. Yeah, it's _morally_ correct to follow the agreement that you guys set, but they aren't *legally* obligated to give you first refusal or NEVER sell the horse. 



windysmontessa said:


> To make a long story short. I was *given* a registered 14 year old, Belgian Warmblood mare in fall of 2013. I *intended to keep her *and I really liked her, but I already had another horse (my first horse) who I intend to keep forever. After a year of struggling with finances to maintain the costs of 2 horses I decided it was best to find the warmblood mare a forever home.


Totally playing devil's advocate here, but what if you were told that you could never sell the horse that was given to you? And now you are re-homing her?


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## greentree (Feb 27, 2013)

I am sorry, but once you GIVE someone something, it is theirs to do with what they wish. 
I have given away several horses, and then they have been sold. 

I always thought it would be SO much better for the entire horse industry if there were no free horses...I mean, if you can afford to care for it, you should be able to give a few hundred dollars for it, right?? Then, you sold it, and there are not as many hard feelings. Plus, if someone is having a hard time affording horses, the little bit of money would help them feed the other(s). 

Sorry you are dealing with this, she does sound a little kooky..


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## Saddlebag (Jan 17, 2011)

Even if a court awarded you the horse, just supposing, this lady could demand reasonable board or her boarding costs for the time the horse has been in her possession. This mare is lucky a slaughter buyer didn't show up. They can be nice as pie and string you along, just like everyone else.


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## STT GUY (Apr 23, 2014)

greentree said:


> I am sorry, but once you GIVE someone something, it is theirs to do with what they wish.
> I have given away several horses, and then they have been sold.
> 
> I always thought it would be SO much better for the entire horse industry if there were no free horses...I mean, if you can afford to care for it, you should be able to give a few hundred dollars for it, right?? Then, you sold it, and there are not as many hard feelings. Plus, if someone is having a hard time affording horses, the little bit of money would help them feed the other(s).
> ...


This X 100!!!!

Sold an 18 year old AQH Mare who was special needs due to previous founder episode. $200 with $500 worth of tack...basically was paying someone to take her as the quality of her home was what's important. I swear to god..some of the calls were insane.

"Well would you just give her to us"

"Can she still make babies"

"Would she be good as a pack horse for multi-day trips"

I tried to be a thorough as possible in the ad and make it idiot proof...but there are some gifted idiots out there 

We ended up finding her a wonderful home and her new mom and little boy are loving her and she's in a great place
_Posted via Mobile Device_


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