Unbelievable
Assuming it is a standard Bill of Sale basically saying say the seller is in receipt of payment in full and transfers 100% interest/ownership in X horse (with a description of the horse preferably) the horse is yours. No Ifs Ands or Buts. I don’t care what state it is located.
The fact that the local Sheriff is willing to get involved speaks volumes. It the horse is not there and or they won’t release it I would bet they will be looking at Theft of Property charges.
You might want to see if there is a way to get a written letter to the shipper that authorizes them as your “agent” to take possession of the horse. Perhaps fax it to the Sheriff’s office?
The only recourse they may have is charge you for the additional board and expenses they incurred due to the delay in picking up. But they can’t be greedy, falls under ‘usual and customary’ standard for the industry and or area. But not something to “make a federal case out of” if they are greedy. Pay it and take the horse. I include pick up date on my Bill of Sale and Purchase and Sale Agreement. After X date a rate of X will be charged until the horse is moved. Must be paid in X. All liability transfers to the Purchaser, buyer upon singing of the Bill of Sale and transfer of title.
I had a jerk do this to me a few years ago with a TB filly. I was following her half brother on the racetrack. He looked to be an “up and comer”. I knew he was going to be entered in a major Graded Stakes race in the near future.
The filly was still on the racetrack but wasn’t much. I called the owner and got his wife explained the nature of my call, she said hold on, I could hear her talking to her husband in the background and him saying “you deal with it”. I made an offer of twice what she was worth at the time. She calls me back after talking with her husband and the except my offer. She gave me the account details to wire payment and the fax number of their trainer, who is their authorized agent to send the Purchase Agreement and Bill of Sale. Wire the money that day, faxed and received the signed documents. Picked up the horse 2 days later. The owner would send send her Jockey Club registration papers by mail.
About a week later her half brother won a major Grade 1 race. Her value increased 10 fold, literately. The next thing I know I get a call from the husband who I have never talked to saying his wife sold me the wrong horse!
My Bill of Sale and Agreements are VERY detailed. "I said buddy BS the horse is mine. The only reason we are having this conversation is because the half brother is a major stakes winner now. Send me the JC registration papers or I’ll see you in court. Kentucky court not Ohio (where he lived). My Bill of Sale stated that Kentucky was the legal venue in case of a dispute.
The guy flipped out and said he was not going to give me the papers. He even went around calling farms and agents in KY trying to sell the filly. I knew because another agent offered her to me! He said said he was on his way to Ohio to look at her. I said you better turn around because she is X farm right here our back yard (Kentucky). You can look at her there if you want and make me an offer.
I had to take the guy to court to get her papers. Open and shut case took about 15 minutes for the judge to look over the paper work. The court directed the Jockey Club to issue new papers to me.
I am not a lawyer but have done a LOT of horse trading over the last 30+ years. The above is only one of a number of BS deals I have been part of. I’ve paid a lot of money for my 'horse law degree".
But in fairness I and others are only working off of one ‘side’ and what has been written.
If I were you I would ask the Sheriff if he knows of local attorney or do a search for one in the area. Based on what has been written and not reviewing the Bill of Sale a widget is a widget. In other words you shouldn’t need an attorney that specializes in Equine law to settle this.
Good luck let us know how it works out.
