# Breech in contract? Anything else I can do?



## iridehorses (Oct 22, 2007)

Obviously, not much of a friend. Were that to happen to me, I would go get the horse. My rationale is simply "how could he take the horse on the 14th if you have it for sale now?"

Be sure you have a copy of the Craigslist ad and a journal of the conversations.


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## Speed Racer (Oct 21, 2009)

First right of refusal clauses are not enforceable by law. No, not even if they're in a written contract.

The horse isn't yours any longer, so even though you caught your 'friend' in a lie, there's no way for you to legally _make_ her give you back the horse.

Sorry. 

I know it stinks, but if more people would realize the_ only_ way to make sure a horse is guaranteed a forever home is never to sell/give it away, there'd be no more endings like this.

I do feel badly for you, but you have no legal recourse whatsoever.


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## minihorse927 (Aug 11, 2008)

I know several people who have done this before and the contract has been enforced in the end. Usually the horse had long since disappeared though.
I was trying to mainly keep the police out of it, keeping her from playing her little games with me is annoying.


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## kchfuller (Feb 1, 2008)

What if you tell her that you would like to do this peacefully and will be by to pick the horse up this evening? If this won't work for her then you will take your contract and cragslist ad to the appropriate people to take further action. See what she says.

She may not know that the contract won't be enforced (or maybe it will in your area)...


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## minihorse927 (Aug 11, 2008)

I have told her I would like to come get the horse today, anytime today and I just keep getting the crap of well nathan thinks he wants to ride her in the trail ride on the 14th. They have 7 horses other than this mare, they can ride any of them in the ride.


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## Speed Racer (Oct 21, 2009)

Well then, if you know this is something you can _legally_ enforce, tell her you'd rather_ not _get the courts involved and you expect her to give the animal up willingly TODAY.

The police won't be of any help, because it's a civil matter. You can take her to court, but she can't be arrested or charged with a crime.

The only thing the court system will do for you, if the horse is long gone, is to find her guilty and make her pay you the worth of the animal. They may also make her pay all court courts, but that's if you get attorneys involved.

For a 19 y/o, unregistered horse, it'll cost you more to take her to court than the animal's worth.


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## minihorse927 (Aug 11, 2008)

Yeah, that is true. I know the mare is not really worth anything, especially in todays horse market. I was trying to keep it out of courts, not that I think I ever would honestly take it there because of the cost of it. I just would like the mare to come back to my farm, this poor mare came from rough beginnings when I got my hands on her and I just would like to see her come back here where I know she will be cared for properly. If she comes back here I can say she is never leaving this farm again. She will have a home till she dies here.


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## Speed Racer (Oct 21, 2009)

I'm sorry you're going through this.

It's tough to find out that a 'friend' is really nothing more than a lying sack of crap, who wants to make money on a horse who was given freely and with a good heart.

I hope you get her back. She doesn't deserve to be sold on, just because this sack of dog excrement is greedy for money.


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## corinowalk (Apr 26, 2010)

What a crappy situation. Im sure that it is all too common though. I would ask her what her intentions were if the horse were to sell before nathan could take her on his big trail ride? Then I would tell her that I had my trailer hooked up and that I could be there in a set amount of time. She lied to you, lie back. Tell her that you want to remain friends and that you want to keep this friendly. Sympathize with her financial situation. Basically, sweet talk her. If, by the end of the conversation, she hasnt changed her mind...then resort to the "i dont want to have to take this to court" attitude. Lie again...tell her that you have spoken to your attorney and he said something like just by placing her for sale, you have breached your contract and that can lead to some hefty fines" 

Im so sorry for your situation. Your mare doesnt deserve this. Get her home as soon as possible.

Oh and if she still doesnt want to cooperate...post your own craigslist ad saying to NOT BUY THAT MUSTANG! Explain your situation. Most people dont want involved in that kind of deal!


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## cakemom (Jul 4, 2010)

I hope you get her back. I'd just buy her, cheaper than legal fees. Should you have to, no, but I'm just like that.
_Posted via Mobile Device_


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## Amarea (May 25, 2010)

Repossess her. I used to repossess dogs when I did rescue if the person violated the terms of the contract. Take a copy of the signed contract with you and pick up the horse. If the cops show up, you have a signed contract showing she is to be returned. I'd also take a copy of the CL ad. Good Luck!


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## Indyhorse (Dec 3, 2009)

Sorry, just had to say, that ad is cringe-worthy.

She's georgeous? Really? Does George know?


I hope you get her out of there ASAP


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## churumbeque (Dec 20, 2009)

Have someone else contact her through CL and see what they say. That way you will know more about what the real story is.


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## Eolith (Sep 30, 2007)

Hmm, in future situations like this (if you wanted to make sure that you could get the horse back if the people didn't want it any more) wouldn't it be much more easily enforced legally by giving the horse on a free care lease with the agreement that this person could keep the horse as long as he/she cared to with the understanding that if the horse's condition started to suffer or she no longer wanted the horse, it would have to be returned to its owner.

If the transfer of actual ownership never takes place, then it isn't a problem to go get YOUR horse.


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## Ray MacDonald (Dec 27, 2009)

Very good Idea! ^^ What I first thought was that they keep her until the 14th that maybe a buyer was coming to pick her up then


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## JumpsxGlory (Dec 20, 2009)

Is there an update on this situation?


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