Always get stuff in writing no matter who it is

[Sugarwells]

[QUOTE=scstables2;8754448]
AND for those who have never had something precious taken from them, you can’t understand.

Stand a day in those shoes…[/QUOTE]

You have no clue about the amount of loss (es) any of us have seen in our lifetime here on earth do far.
Crying and making a scene over a horse that is still alive is a joke compared to what some of us have lived through

Screaming “karma will get them” only shows you have no idea what the word karma means.

After reading your words here, my opinion has changed. You need a swift kick to the ass of reality. Forgot the love, you don’t even know what love really is and it would be a waste.

[RegentLion]

Is requiring a FROR at a specific price even enforceable???

[cutter99]

Op- You do realize the only negative energy we here have witnessed has come from you? Be very careful what you wish on others. You might want to examine your own motives!

[vxf111]

[QUOTE=RegentLion;8755250]
Is requiring a FROR at a specific price even enforceable???[/QUOTE]

Sure, why not. Lots of bad to not-quite right legal advice out there addressing ROFR but I don’t think this is thread on which to parse the nuances

[DoodlesMom]

Oh please. I was forced, due to financial reasons as well, to give away a horse I absolutely adored. I gave him to a nice girl, and we agreed she would give him a forever home, and if not, I got first right of refusal.

A month or two later, I saw him listed for sale for FAR more than I could afford. I emailed her about the FROR, and she said sure, I could take him back… for his sale price. Understandably.

But guess what? I had SOLD HIM. Signed my name on the line an everything. He was not mine, and she was under NO obligation to honor the verbal FROR, or to lower the price to where I could afford him. He was a nice horse, and worth every penny of what she sold him for. My only regret, other than selling him in the first place, is that I never found him again. Yeah, I maybe shouldn’t have trusted she would give him a forever home, but still… he had been SOLD.

I still think about him, and it still hurts a bit. But that’s what happens when you sell a horse. You can get mad all you all you want that the new owner won’t give it back, but oh well. Sold means sold, as in, not yours or your responsibility anymore.

[vxf111]

[QUOTE=DoodlesMom;8755534]
I emailed her about the FROR, and she said sure, I could take him back… for his sale price.

<snip>

she was under NO obligation to honor the verbal FROR[/QUOTE]

Except, she did? When you asked for the first right to buy him back, she offered him to you. So she did honor it. She didn’t initiate the contact, but she did honor the ROFR by offring the horse to you at the selling price before she agreed to sell him to someone else.

SO much confusion abounds about ROFR. Once I offered to COTH to write some articles on commonly confused issues in equine contracts. They never responded. I think a few well written articles on a topic like ROFR in an equine sale contract would be useful to the masses. Everytime the topic comes up on the board, EVERY TIME, I see incorrect statements/advice (verbal contracts are somehow less enforceable than written ones, a ROFR is an unenforceable term, etc.). This thread being no exception.

[DoodlesMom]

[QUOTE=vxf111;8755579]
Except, she did? When you asked for the first right to buy him back, she offered him to you. So she did honor it. She didn’t initiate the contact, but she did honor the ROFR by offring the horse to you at the selling price before she agreed to sell him to someone else.

SO much confusion abounds about ROFR. Once I offered to COTH to write some articles on commonly confused issues in equine contracts. They never responded. I think a few well written articles on a topic like ROFR in an equine sale contract would be useful to the masses. Everytime the topic comes up on the board, EVERY TIME, I see incorrect statements/advice (verbal contracts are somehow less enforceable than written ones, a ROFR is an unenforceable term, etc.). This thread being no exception.[/QUOTE]

You’re totally right, she did honor it by saying I could buy him (I worded that wrong). Granted, her response was kind of, “Sorry I didn’t contact you, but he’s for sale of $xxxx if you want him back.” I got pissed that I had to find him online rather than have her email or call me, but what could I do?

I kinda meant that she didn’t honor it by the OP’s standards, meaning she didn’t say I could have him for free, which would have been idiotic of her! Sure, it sucked, but my point is, he wasn’t mine anymore. He was hers, and she could sell him however she saw fit.

As for the FROR, I agree. There is a lot of confusion about exactly how it should go down. I, personally, would like an article on it… maybe it could help get buyers and sellers on the same page? IME, a FROR is when the current owner, before or right after listing the horse, contacts the previous owner to tell them the horse is for sale. The former owner, who has the FROR, is under no obligation to buy the horse, and the seller/current owner shouldn’t be expected to lower the price or hold the horse for the former owner.

[vxf111]

Gotcha!!!

[Midge]

I’ll take Attention Whore for $1000, Alex.

[Sabino]

[QUOTE=scstables2;8749411]
however no one has 5k laying around Wrong

The horse suffered with massive side effects when new owner vaccinated her against my veterinarian’s diagnosis. The side effects reappeared and the horse had abscesses that rotated from foot to foot to foot over a 6 month period in 2014. Never heard of a horse getting an abscess in their foot from a vaccination, is this really possible?[/QUOTE]

My comments in bold above

[trubandloki]

[QUOTE=Sabino;8757684]
My comments in bold above[/QUOTE]

@Sabino

[B]Never heard of a horse getting an abscess in their foot from a vaccination, is this really possible?

[/B]

As I said earlier in the thread… A reaction to a vaccine can lead to laminitis/founder which can lead to an abscess.

Though I do not think this is what the OP is talking about. I just know it can happen since I have been there, done that…would rather not have that T-shirt.

[Shine]

Not a pony I’d want in my barn. Because my 3 can cause drama without having a drama mama in the mix.

http://www.chronofhorse.com/forum/showthread.php?495986-Free-lease-14-1-hh-leadline-quarter-pony-near-Fairfield-PA

[Taken_By_Storm]

[QUOTE=scstables2;8754448]
AND for those who have never had something precious taken from them, you can’t understand.

Stand a day in those shoes…[/QUOTE]

You didn’t have something taken from you, you SOLD it!

You need to wrap your head around that FACT. Regardless of the circumstances of the sale, you made the decision to part yourself from your horse by selling her to someone else. Once you agreed to the sale and accepted monies, your control and opinion on the care of the horse ended. Period. If you wanted her back, then you should have found a way to cough up the $5K. Obviously the new owners saw a greater monetary value in the horse than you did. That is not wrong, it is just business. It sucks that you decided to part ways with your mare, but the burden of that decision lies on your shoulders alone. You can’t expect everyone to see life as you do.

[js]

This thread has made me realize that there are times that it is more important to get a PPE on the seller rather than just the horse.

[mvp]

[QUOTE=js;8760502]
This thread has made me realize that there are times that it is more important to get a PPE on the seller rather than just the horse.[/QUOTE]

Not at all. I don’t see the OP’s buyer as having a problem. The only one unhappy here is the OP. The great thing about buying a horse is that the transaction is short term and limited in it’s scope. You don’t have to know or love everything about the buyer/seller. Just get what you need to get the deal done and move on.

I don’t understand the modern want/need to keep up with horses one has sold. I was taught as a kid that once you sold a horse, you would do well to let him go. After all, watching what someone else does with him really just sets you up for heartache if you see something you don’t like. As a buyer, I also would feel uncomfortable having to report back to the person who sold me the horse. What if I made a different decision for him than she would have?

Look, if you sell it, it’s not yours anymore. Butt out.

[ladyj79]

[QUOTE=mvp;8760516]
Not at all. I don’t see the OP’s buyer as having a problem. The only one unhappy here is the OP. The great thing about buying a horse is that the transaction is short term and limited in it’s scope. You don’t have to know or love everything about the buyer/seller. Just get what you need to get the deal done and move on.

I don’t understand the modern want/need to keep up with horses one has sold. I was taught as a kid that once you sold a horse, you would do well to let him go. After all, watching what someone else does with him really just sets you up for heartache if you see something you don’t like. As a buyer, I also would feel uncomfortable having to report back to the person who sold me the horse. What if I made a different decision for him than she would have?

Look, if you sell it, it’s not yours anymore. Butt out.[/QUOTE]

Fairly certain js was referring to op as the seller who needed to be vetted ;). Cause wackypants.

[Denali6298]

The OP reminds me of the woman who pulled my horse from the track. She sold her to the woman I bought her from with a ROFR clause. She decline to buy her back and I was able to purchase her. This woman got my number from the seller, called me up asking for me to give her ROFR. I verbally agreed sort of because all I could think during the conversation is this woman is nuts. Black stallion syndrome all the way.

[js]

[QUOTE=ladyj79;8760544]
Fairly certain js was referring to op as the seller who needed to be vetted ;). Cause wackypants.[/QUOTE]

Yes!!!

I feel for the person that bought the horse from the OP not knowing it was coming with unforeseen baggage.

[vxf111]

IIRC the person who bought the mare back in the “dire straits period” was a friend of the OP (or a friend of a friend) so probably had some inkling of what was coming. No idea about the person who just bought the horse recently. Hopefully there isn’t a load of nutty heading her way!

[CindyCRNA]

Damn, you guys are harsh! It could be possible that the OP misunderstood ROFR. Maybe she sold the horse for $1000 and assumed that would be the price if she were offered ROFR. Maybe she feels betrayed because the price was upped. One could understand if you sold a pasture horse for $500 and someone took it for a year and put it under saddle, the may want more than the purchase price.

Being forced into a corner with pets because of finances is heartbreaking. Many stand with the family pet considering euthanasia because they can’t drop $2000. I think the OP is truly sad.