# First Right of Refusal. What Should I Do?



## Dreamcatcher Arabians (Nov 14, 2010)

blue_cowgirl said:


> I recently adopted a mare; was told at the rescue that she was easy to catch, a sweetheart, and perfect for intermediate riders. Even the day I went to look at/ride her she felt like me and her clicked. Fast forward, and this mare is a nightmare! She tries to buck, bite, won’t stand to be mounted, hard to catch and is all around NOT the same horse. (I’m suspecting she may have been sedated)
> 
> I contacted the rescue and asked if I could sell her back to them for what I gave for her. ($450) and they stated “adoption fees are non-refundable) and that I could bring her in and trade for a horse that best suited me. I stated I did not want to “trade” for another horse and that I wanted to sell her. (Didn’t want to get another one and it end up doing the same thing) Plus they stated they didn’t have anything at the time and when one came up, I could come get it and the adoption fee would be waived.
> (Mind you, this rescue is 3 hrs away. So I would be putting a lot of money into gas to go back and forth)
> ...


Check with an attorney, but to me, you gave them first refusal rights when you said the horse didn't work out. I'd sell her and just keep quiet. Or you can tell them you're done and they can come pick her up, their dime. If they don't show by XX date, then sell her. This kind of horse pucky is exactly why I will not deal with a rescue and won't refer anyone to one either.


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## BGnMe (Nov 1, 2021)

Layman here.

Just out of curiosity, what is "First Right of Refusal"? I've heard of "Right of First Refusal". Is that the same thing?


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## blue_cowgirl (Apr 14, 2019)

BGnMe said:


> Layman here.
> 
> Just out of curiosity, what is "First Right of Refusal"? I've heard of "Right of First Refusal". Is that the same thing?


Yes, it’s the same thing.


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## jaydee (May 10, 2012)

I think you need to speak to a lawyer.

From what I’m understanding, you didn’t buy the horse, you paid an adoption fee, which isn’t the same thing.

If you don’t own her, you can’t legally sell her.

Their terms appear to be that you either exchange the horse with another one from their Rescue or you return her and walk away, losing the money that you paid to adopt her.


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## blue_cowgirl (Apr 14, 2019)

jaydee said:


> I think you need to speak to a lawyer.
> 
> From what I’m understanding, you didn’t buy the horse, you paid an adoption fee, which isn’t the same thing.
> 
> ...


Explain how adopting a horse doesn’t mean I own her? I’m confused.


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## redbadger (Nov 20, 2017)

Was there an adoption contract, and what does it say about returning or selling the animal?


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## blue_cowgirl (Apr 14, 2019)

redbadger said:


> Was there an adoption contract, and what does it say about returning or selling the animal?


I can share a photo of the “Right of First Refusal” contract. I did adopt.


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## makeshiftM (Jun 24, 2021)

The question is whether or not you hold the title to the horse. Often, a written adoption agreement will give you possession of the horse as its “caregiver,” but not actual ownership.


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## blue_cowgirl (Apr 14, 2019)

makeshiftM said:


> The question is whether or not you hold the title to the horse. Often, a written adoption agreement will give you possession of the horse as its “caregiver,” but not actual ownership.


Ah, so basically I am screwed and will be losing money. I really can not afford to drive another 6 hours and lose another $200 in gas, especially with holidays coming up. If they refuse to come get her, then do I have the right to sell?


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## kewpalace (Jul 17, 2013)

blue_cowgirl said:


> I can share a photo of the “Right of First Refusal” contract. I did adopt.


 Yes, share it!


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## blue_cowgirl (Apr 14, 2019)

kewpalace said:


> Yes, share it!


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## BGnMe (Nov 1, 2021)

Where does it say that the adoption fee is refundable? It says that if you do not want to keep the equine, you can offer to sell it back to the rescue for $1 or exchange the equine for another equine.

As for owning the equine, what does the rest of the contract say? Is there something explicitly stating whether or not you own the animal? I assume you own the animal since you paid for it because I thought adoption was the same as owning?


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## ACinATX (Sep 12, 2018)

Most rescue organizations retain ownership of the animal, meaning that you don't have the right to sell it. Was ownership specified in this contract?


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## jaydee (May 10, 2012)

If that’s the agreement then you do have the right to sell her.

It’s very unusual for a rescue center to not insist on unwanted horses being returned to them.

You need something in writing from them that clearly states that they’ve refused to take the horse back


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## blue_cowgirl (Apr 14, 2019)

BGnMe said:


> Where does it say that the adoption fee is refundable? It says that if you do not want to keep the equine, you can offer to sell it back to the rescue for $1 or exchange the equine for another equine.
> 
> As for owning the equine, what does the rest of the contract say? Is there something explicitly stating whether or not you own the animal? I assume you own the animal since you paid for it because I thought adoption was the same as owning?


the adoption fee is non-refundable, that’s what they stated to me. The rest of the contract doesn’t say anything about ownership, I will have to find that one when I get back home from work.


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## blue_cowgirl (Apr 14, 2019)

jaydee said:


> If that’s the agreement then you do have the right to sell her.
> 
> It’s very unusual for a rescue center to not insist on unwanted horses being returned to them.
> 
> You need something in writing from them that clearly states that they’ve refused to take the horse back


I would not be able to get it in writing due to them being 3 hrs away. I asked if I could sell her back to them for the $450 and they said “adoption fees were non refundable” which to me, they’re saying no.


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## makeshiftM (Jun 24, 2021)

You can have them mail you, or likely even email you, their refusal in writing. Unfortunately the contract you signed says they have the right to buy the horse for $1- not $450. It also seems to indicate that you are responsible for transporting her if you do sell her to them. 

Have you considered offering her to your friend on an "indefinite" free lease? That way you're retaining ownership on paper but are at least no longer paying for her day-to-day care costs.


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## blue_cowgirl (Apr 14, 2019)

makeshiftM said:


> You can have them mail you, or likely even email you, their refusal in writing. Unfortunately the contract you signed says they have the right to buy the horse for $1- not $450. It also seems to indicate that you are responsible for transporting her if you do sell her to them.
> 
> Have you considered offering her to your friend on an "indefinite" free lease? That way you're retaining ownership on paper but are at least no longer paying for her day-to-day care costs.





makeshiftM said:


> You can have them mail you, or likely even email you, their refusal in writing. Unfortunately the contract you signed says they have the right to buy the horse for $1- not $450. It also seems to indicate that you are responsible for transporting her if you do sell her to them.
> 
> Have you considered offering her to your friend on an "indefinite" free lease? That way you're retaining ownership on paper but are at least no longer paying for her day-to-day care costs.


I feel as if that would also be breaking the contract I signed with this rescue. Especially since my friend lives in a different state and will be taking the horse with her.


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## knightrider (Jun 27, 2014)

How closely do they monitor the horses they adopt out? I adopted a horse from Horse Protection Association of Florida and signed a similar contract. I asked them how many horses they adopt out, and it was something like 150 a year. They are very busy and overwhelmed. I knew the chances of them ever "checking" on my horse were slim and none. In my case, I adored my adopted horse and rode him and kept him until he died.



makeshiftM said:


> Have you considered offering her to your friend on an "indefinite" free lease? That way you're retaining ownership on paper but are at least no longer paying for her day-to-day care costs.



I think @makeshiftM has the right idea. Let this horse pass on to someone more experienced who would enjoy her. If you send the rescue regular e-mails and pictures, saying how the horse is doing well and working out, I doubt they will ever question or hassle you.


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## blue_cowgirl (Apr 14, 2019)

I think it’s also the right idea, I’d just be scared that somehow they’d find out and sue me or something.


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## blue_cowgirl (Apr 14, 2019)

UPDATE:
The rescue said they would fully refund me as long as I can bring her to their facility! I told them it would have to be next week as my schedule is full this week. Kudos to them for agreeing to fully refund me but at the same time, they should have fully evaluated this mare before adopting her out to someone.


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## Dreamcatcher Arabians (Nov 14, 2010)

Never mind. You got it solved while I was posting.


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## gottatrot (Jan 9, 2011)

FYI if you plan to buy a future horse. The rescue may have evaluated the horse and seen what you saw when you first saw her. Any time a horse is suspected of being drugged before sale, it is likely the horse developed ulcers from the trailer ride and stress of moving into a new place. That can cause major personality changes and difficulties for the new owner. If you ever end up with a horse that you can't return, and it seems much different from the horse you thought you bought, you might consider treating for ulcers before you make a decision.


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## blue_cowgirl (Apr 14, 2019)

gottatrot said:


> FYI if you plan to buy a future horse. The rescue may have evaluated the horse and seen what you saw when you first saw her. Any time a horse is suspected of being drugged before sale, it is likely the horse developed ulcers from the trailer ride and stress of moving into a new place. That can cause major personality changes and difficulties for the new owner. If you ever end up with a horse that you can't return, and it seems much different from the horse you thought you bought, you might consider treating for ulcers before you make a decision.


I figured I would have had at least one of these comments, but I had my vet check her when she started showing these problems. As far as my vet is concerned, she was healthy. So I’m not really sure what could have possibly happened and why this mare took a turn for the nightmare mode.


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## stevenson (Sep 12, 2011)

It says that You ( the adopter) can sell the Horse to them for $1. One dollar. OR you can exchange the horse for another horse. YOU also agreed to the terms that YOU pay for all shipping fees. You pay to return the horse. You do not have legal ownership. I would suggest you Exchange the horse. Or return the horse be out the $200 for the fuel cost and take the One dollar and walk away . Or hire an attorney to tear apart their contract, Which I am sure would cost a lot more the 450 or the 200 in fuel cost. 
You can get the short end of the stick in any horse deal. Many many people Lie and are dishonest.


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## Magnum 59 (Oct 26, 2021)

At the very least once they have refunded you and its all sorted out leave a scathing review. You don't want others to fall into the same trap as you


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## Avna (Jul 11, 2015)

And this is why I would never adopt from a rescue. I got both my horses free, from private parties who didn't want them, and there were zero strings attached. I get the rationale behind these contracts, sure. But I would never put myself and my (yes, now MY) horse in the power of an organization which almost always is run by volunteers with savior complexes and a deep mistrust of all humans who aren't them. The only reason most of these places adopt out at all is that they do not have the money or room to keep every single horse they collect. I have heard this kind of story many times. The OP is very far from alone.


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## secuono (Jul 6, 2011)

Glad they accepted to buy her back at what you paid!

Also, a lot of things can change a horse. 
If you feed my horses pasture or pellet feeds instead of just hay, congrats, you've turned them hot n spooky! 
Diet, environment, ulcers and training. 
If you only catch to work it, you'll teach it to avoid you. You could of been missing small warning signs that built up, too. 
You don't mention how soon it changed from when you brought it home. So, it very well could of been your handling and training, diet you put it on and environment not meshing with the horse well. 

Since you thought it was drugged, next time, have it tested immediately for that, just to rule it out.


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## carshon (Apr 7, 2015)

I know this is resolved but I am going to "vent" here. Not at the OP I understand the position she is in. But the "go to" term whenever a purchased horse does not behave the same as at the purchase place is. I suspect the horse was drugged. Have an honest conversation with your vet. Drugging a horse before a visit is hard to do without noticable effects on the horse. Horses are highly sensitive to sedation or medications of any kind. The most likely scenario is that the horse is extremely stressed and is anxious and showing that anxiety the only way it can - misbehavior. Horses are not robots - you can't take them to a new place -away from their herd - plop them in a new herd and expect them to act exactly the same. Some horses take longer to acclimate than others. At the end of the day you purchased a very very cheap horse $450 considering todays market prices for well broke horses and are going to get your money back.


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## QtrBel (May 31, 2012)

They are not just new place, new herd, but new owner and handlers and expectations. The levels of experience and personalities of the new people in the horse's day to day also have an impact as does the absence of the old where they know what is expected of them. Like having the instructor in the ring and none of the horses misbehave but let her step out and some horse pushes the boundaries.


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## blue_cowgirl (Apr 14, 2019)

carshon said:


> I know this is resolved but I am going to "vent" here. Not at the OP I understand the position she is in. But the "go to" term whenever a purchased horse does not behave the same as at the purchase place is. I suspect the horse was drugged. Have an honest conversation with your vet. Drugging a horse before a visit is hard to do without noticable effects on the horse. Horses are highly sensitive to sedation or medications of any kind. The most likely scenario is that the horse is extremely stressed and is anxious and showing that anxiety the only way it can - misbehavior. Horses are not robots - you can't take them to a new place -away from their herd - plop them in a new herd and expect them to act exactly the same. Some horses take longer to acclimate than others. At the end of the day you purchased a very very cheap horse $450 considering todays market prices for well broke horses and are going to get your money back.


As I will say, I have never had this problem before. We recently got a mare out of a bad situation, neglected, abused, and down right starved… and she’s an absolute sweetheart. Her only vices is she is Buddy sour, which is fine with me because she can never be ridden anyways.


Avna said:


> And this is why I would never adopt from a rescue. I got both my horses free, from private parties who didn't want them, and there were zero strings attached. I get the rationale behind these contracts, sure. But I would never put myself and my (yes, now MY) horse in the power of an organization which almost always is run by volunteers with savior complexes and a deep mistrust of all humans who aren't them. The only reason most of these places adopt out at all is that they do not have the money or room to keep every single horse they collect. I have heard this kind of story many times. The OP is very far from alone.


It’s nice to hear this! Especially since the rest of the replies are starting to make me feel like I’m the problem. I have never had this happen before through my entire life of owning horses. Every horse I’ve bought has settled in within weeks and have been absolute sweethearts, even the mare that my mom recently rescued from a neglectful and abusive home has more manners and respect than the mare I got from this rescue.


I gave this mare plenty of time to settle in, never pushed boundaries, and even took her to the vet as soon as the change started (nothing was wrong with her) 
Unfortunately, I just got unlucky and adopted a mare that just has more issues than both the rescue and I bargained for.


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## stevenson (Sep 12, 2011)

Ijust got a horse , videos showed her calm in an arena Being mounted dismounted, riding down a road / horse trail. Calm and quiet. I had my exercise girl try to get on the horse and it blew in half. Her butt never hit leather. The horse did sit for just over a month, because I quarantine and then vaccinated. Total diff horse. Fine on the ground and if you put a foot in the stirrup its rodeo time. Needless to say , the horse is being sold. Contacted the seller said she could get the horse back or she was going to the auction and not be ridden through, and will probably be on a meat truck next. Gal said she needed $$ to fix her truck , yet she bought a grey horse the next day. Sooo.. there are dishonest people that drug horses, and then lie and lie . This is why there is a market for horses that ship. I wont ever get on this mare. I wont sell the mare as broke. To old to be a project for most people . SO someone drugged the horse and now I have to deal with their dishonesty. It breaks my heart to know of this mares fate. But I cannot afford to keep a pasture pet . I have aged horses that fill up that spot. If I was a millionaire I probably could. BUt not with the hay prices and water restrictions and hay futures.


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## gottatrot (Jan 9, 2011)

OP, I don't mean to imply you are the issue or anything like that. However, I have experienced horses that were well trained, sweet and docile that changed completely into nervous wrecks when they had ulcers. They say the pain is very sharp and visceral, and some horses don't handle that well. I've never had a vet catch that a horse had ulcers on a vet check, they simply don't scope horses unless there is a good reason to. The only way I've definitely said the horse had ulcers was after I treated for a few days and had the horse's personality change back to the sweet horse they were before. This has been the experience of myself and a few others I've known, that if you move five horses, one may develop ulcers and begin having problems. I understand that you are done with this particular horse, but just want to share info to bear it in mind for future purchases if it pops up again.

Sometimes you won't know the horse has ulcers until you begin working the horse, because they react strongly when they are exercising and the acid begins sloshing around in their stomach. I'm not implying this is always the problem, but something that people can fairly easily rule out. My own horse got ulcers after a move, and I'd had her for a few years. I'd also moved her before without issue. She bolted with me when I tried to ride her and was fairly out of her mind until after I treated her.


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## blue_cowgirl (Apr 14, 2019)

gottatrot said:


> OP, I don't mean to imply you are the issue or anything like that. However, I have experienced horses that were well trained, sweet and docile that changed completely into nervous wrecks when they had ulcers. They say the pain is very sharp and visceral, and some horses don't handle that well. I've never had a vet catch that a horse had ulcers on a vet check, they simply don't scope horses unless there is a good reason to. The only way I've definitely said the horse had ulcers was after I treated for a few days and had the horse's personality change back to the sweet horse they were before. This has been the experience of myself and a few others I've known, that if you move five horses, one may develop ulcers and begin having problems. I understand that you are done with this particular horse, but just want to share info to bear it in mind for future purchases if it pops up again.
> 
> Sometimes you won't know the horse has ulcers until you begin working the horse, because they react strongly when they are exercising and the acid begins sloshing around in their stomach. I'm not implying this is always the problem, but something that people can fairly easily rule out. My own horse got ulcers after a move, and I'd had her for a few years. I'd also moved her before without issue. She bolted with me when I tried to ride her and was fairly out of her mind until after I treated her.


I’m pretty sure if you request to check for ulcers, the vet SHOULD do. If they ignore any requests, then you should seek a new vet immediately. As I stated, vet cleared her. I dunno what else to say other than this mare will be returned to the rescue as I will NOT keep a disrespectful, aggressive mare in my pasture.


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## Kroe (Jun 22, 2021)

I don’t know anything about horse rescues but have worked for an Australian Shepherd rescue for years. We also have a contract that says, if the adoption doesn’t work out the dog must be returned and we do not refund the adoption cost. It is a protection that keeps the adopted dog(horses) safe from being turned over to a puppy mill or shelter. 
Bite the bullet, return her and learn an expensive lesson.


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## QtrBel (May 31, 2012)

I can't see the fee or no refund being the protection is neutering or spaying is not done prior to adoption. The piece of paper isn't worth any protection if the dogs aren't chipped and regular home visits done. If the dog doesn't work out many are just dumped if they even worry about being found out at a shelter. Puppy mills may or may not pay nd that paper also doesn't prevent going that route if the dog is able to reproduce. The whole designer dog cross business threw registered dog requirements out the window. If it looks like x breed then they'll take it and breed it to something that looks like y breed. They can be that unscrupulous.


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