Equine ATTORNEYS! Seller refusing to release horse to shipper! UPDATE: Ransom refused

[QUOTE=dacasodivine;8541663]
I double checked and it shows that post was made Feb. 15, 2016.[/QUOTE]

hmmm, the original pony story was a comment on another complaint from 2013 (a convoluted horse theft/neglect accusation that implicates KJ in the comments, in 2015), but you appear to be right. my bad!

[QUOTE=js;8541542]
Why get financially disadvantaged kids and parents into a sport they canā€™t possibly afford? How does that really help anyone.[/QUOTE]

Better tell the Compton Junior Posse to shut down, helping those disadvantaged kids ride and compete is a useless cause. Not that Iā€™m necessarily comparing the two programs as apples to apples, but this comment seems a little misguided.

If the sale and contract were entered into based upon fraudulent claims by OP, wouldnā€™t seller state that to OP rather than the BS excuse of it taking to long to pick up pony?

And Iā€™m still having trouble that a scam report was made right about this time.

I have not seen any evidence from any posts here the pony was not going to a show home. Maybe not exactly the show home envisioned by the seller, who knows, but how can we say any of this transaction was fraudulent, other than the fact that the seller made up some excuses for not handing over the pony to the buyer?

Like it or not, pony is sold. With a contract, you canā€™t demand the pony back with a refund. Sellers should put in a clause that as long as the pony is on the sellerā€™s property, they have the right to cancel the sale, thus accounting for sellerā€™s remorse.

Anyway, selling a pony thousands of miles away from a video only to someone you donā€™t know would pretty much guarantee you canā€™t control what will happen to it when it leaves the farm.

Edit: what does happen in court, usually, when a seller refuses to hand something over, and has offered to give the purchase price back? Would a judge ever rule in favor of a seller in this case?

[QUOTE=WildandWickedWarmbloods;8541370]
Sounds like the pony does not need to be going to Florida.
(ā€¦)
Sarah, hire the best lawyer you can locally. Then present the evidence you have showing that the buyer or whomever she is has all those names and show the scammer report. [/QUOTE]

How is that remotely relevant to the issue of OPā€™s pony? This pony wasnā€™t involved in any scam, it was paid for, and ownership was signed over?
ā€œBut but but judge! The person who bought my pony/dinner table/handmade earrings sometime in her past may have scammed someone, so even though this sale was all properly completed and I was duly paid what I agreed to be paid and signed the contract, I would totally like to void the sale!ā€

[QUOTE=dacasodivine;8541632]
Either way, there is a contract and payment. The pony no longer belongs to seller. If client accepts a refund, the cost of the shipper is also due.[/QUOTE]

This. OP or client may find fighting it too much of a bother, but if they did fight, I donā€™t see any other judgment being given. People lose their minds in all kinds of ways over horses, but they are property. This piece of property was duly sold, and no one involved seems to even be suggesting there was anything bad with the sale (speaking as far as having proper contract, title transfer, etc).
Property now belongs to the buyer.

[QUOTE=WNT;8541706]
Better tell the Compton Junior Posse to shut down, helping those disadvantaged kids ride and compete is a useless cause. Not that Iā€™m necessarily comparing the two programs as apples to apples, but this comment seems a little misguided.[/QUOTE]

That would be something completely different. That program isnā€™t about having disadvantaged kids showing upper level hunter jumpers and having their parents pay for ponies they canā€™t afford; itā€™s just using riding as a program to teach them many different life skills using horses. Your comparing apples and oranges.

Just to throw more fuel in the fire, the point was the parents (but apparently the mother of the trainer??) could afford this pony, negotiated down to get a show pony in the hands of a limited income family.

However, as I mentioned above, if the heartbroken child is the sister of the OP, that puts a whole other spin on this. Did I misunderstand this relationship?

You just canā€™t make this stuff up.

I donā€™t think that the material conditions or the wealth (or lack thereof) of the OPā€™s clients need to enter this discussion. Most of us who have horses donā€™t exactly have $100 bills to burn (although there might be those who would say that burning $100 bills makes more financial sense than owning a horse ever could!)

(Although I do see why people are objecting to the GoFundMe site on these grounds.)

Without casting aspersions either way, this seems to be a case where sellerā€™s remorse kicked in after a contract was signed and money was accepted. At that point, again just going on what is in the thread, if the seller wanted a do-over, the only thing she could do was to try to buy the pony back. To my mind, unless it was in the contract that she could do so, the seller could not simply refund the money. She would actually have to bargain with the new owner of the pony who might not want to sell, or would only sell for a higher price.

Also, whatever the OP may have done with other deals and previous ponies, it doesnā€™t seem that anyone is alleging anything specific that was fraudulent in this transaction. Seller received the money that she was due; perhaps the OP negotiated the price down, but negotiations are often a part of horse transactions. The trailer didnā€™t show up as expected, because of weather, but again this is hardly an unusual occurrence, and the new owner of the pony offered to pay the additional expenses.

This seems, again going strictly on the thread, to be a pretty basic horse deal that went south (literally), unless the seller can pull a legal rabbit out of her hat.

[QUOTE=Kwill;8541740]
Just to throw more fuel in the fire, the point was the parents (but apparently the mother of the trainer??) could afford this pony, negotiated down to get a show pony in the hands of a limited income family.

However, as I mentioned above, if the heartbroken child is the sister of the OP, that puts a whole other spin on this. Did I misunderstand this relationship?

You just canā€™t make this stuff up.[/QUOTE]

This is pretty uncalled for regardless of the rest of the situation. Why on earth wouldnā€™t you try to negotiate the price? I think thatā€™s just plain stupid on the part of any buyer whenever it comes to something like this. Most people ask for more than they intend on getting to make room for negotiation anyway and even if they are firm on price it doesnā€™t hurt to ask.

[QUOTE=dacasodivine;8541724]
If the sale and contract were entered into based upon fraudulent claims by OP, wouldnā€™t seller state that to OP rather than the BS excuse of it taking to long to pick up pony?

And Iā€™m still having trouble that a scam report was made right about this time.[/QUOTE]

  1. We donā€™t know the full extent of the conversations
  2. The contractā€™s voidability does not turn on whether the seller communicated to the buyer that she believed she was fraudulently induced

I found a much older scam report. Google not just the buyerā€™s names but the motherā€™s names too

[QUOTE=ssslll;8541163]
She signed the bill of sale January 19th with me thinking the pony was going to a amazing show homeā€¦ As a A+ show home was the only thing I had really wanted for this ponyā€¦ [/QUOTE]

Surely one of the things weā€™ve learned in the past years is that a ā€œA+ show homeā€ is not always the ā€œamazingā€ home we think it is. And that includes BNT barns. :frowning:

[QUOTE=ssslll;8541163]
She talked me down on the price after saying what a great home she would be going to and that they didnā€™t have money to buy a expensive pony. As a A+ show home was the only thing I had really wanted for this pony I let her talk me down to 2,200 to a great homeā€¦[/QUOTE]

the word ā€˜NOā€™ is a complete sentence. didnā€™t want to let the pony go for that price? just say noā€¦

this doesnā€™t add up to me. you didnā€™t have contact with them, yet you knew, somehow, the reasons why the shippers couldnā€™t pick the pony up?

should have thought about that BEFORE you sent them a bill of sale, and accepted payment. regardless of who the OP or the buyer is, you sold them your pony.

[QUOTE=Altered39;8541493]
If everyone really must know, we run a program of sorts at our barn alongside the regular training and sales, for less fortunate kids who ordinarily wouldnā€™t have access to the barn and show environment. Surely you all know how many great riders came from nothing, only because someone gave them a chance.

Shame on us for trying to make someoneā€™s dream accessible.[/QUOTE]

That wasnā€™t what I was trying to say.

My point was that the seller was backing out because of the concern around a showing home, but giving a deal because the person had no money. Why even sell the pony in the first place?

I do think it is odd that a single mother would take this to court when she can get her money back and move on to something else - and that you as an instructor who knows their financial limits would support that. There are other ponies in the world.

I just think the whole thing is odd, and image the truth is somewhere in between.

[QUOTE=enjoytheride;8541753]
This is pretty uncalled for regardless of the rest of the situation. Why on earth wouldnā€™t you try to negotiate the price? I think thatā€™s just plain stupid on the part of any buyer whenever it comes to something like this. Most people ask for more than they intend on getting to make room for negotiation anyway and even if they are firm on price it doesnā€™t hurt to ask.[/QUOTE]

That was a typo on my part, I meant couldnā€™t afford the pony, so they had to find a bargain. Absolutely nothing wrong with that, other than the OP made it sound like the ā€œclientā€ was not related to her, but in fact it seems it is her mother. Read the original story if it hasnā€™t been edited.

Turns out the buyer has some baggage.

I agree, there is always negotiation but the OP made it sound like she got a great deal for this pony and it was worth much more than she paid, but was sold at a discount since it had a lot of talent and it was going to a show home. Nothing wrong with that either, seller canā€™t do much about it if they agreed at the time to sell the pony for that amount of money. No is a perfectly legitimate response at the bargaining table.

Also: ā€œOnce everything wasnā€™t adding up I decided to Google Donna and Kris.ā€ What wasnā€™t adding up? They purchased the pony, gave you the money, had a shipper coming that was delayed by weather. Then you changed your mind, they didnā€™t.

In my book, seller sold pony, without reservations or conditions, took the money, signed BOS and then tried to back out after googling names. I tried to google the names, even the link someone provided, I still got all sorts of names and no way to know who is whom. So, good luck to me and anyone else, congrats to anyone who can figure it out.

Next time, seller, put in a clause about cold feet as long as horse is on your property. But in everything but the kitchen sink, to cover yourself. I think in this case, youā€™re SOL.

Negotiating is a time honored tactic. I do it and my buyers did it to me. I didnā€™t do it on my last two horses (standing out there eating their heads off right now) because I really, really wanted them and no plans for resale, just for my mental health (cheaper than a shrink at any rate). Any other horse? Iā€™m offering what I think itā€™s worth. People price horses more than they think then negotiate down. The only people I know who donā€™t negotiate, are some big name trainers like Al Dunning types who have a price, you pay it or leave it. That is okay, too.

As I said, seller, I think you are out of line, given what is written both sides here, you sold the pony, didnā€™t do your due diligence, now trying to back out. Not good, not good at all.

Buyer, I still think the legal things you are thinking of, too much to do. Take the money back, plus shipping expenses if you can get it, call it a day. Learn a lesson here. Buy a horse, get the thing asap off the property. Or moved to another barn till you can pick it up.

Neither one of you are going to come out on top.

Iā€™m not an equine attorney, nor do I play one on TV but I do know this thread requires a keg of wine and a bottomless vat of guacamole just to keep track. Iā€™m exhausted but I have to keep reading in anticipation of the next plot twist. Carry on.

Between this thread and the otherā€¦thanks to the COTHer who gave the link!..Iā€™m saving money by not shopping at B&N or Amazon for reading material! :wink:

ā€œHorse Sales Gone Wrongā€ ā€“ I think we could get at least one season of a TV show out of it.

This week ā€“ ā€œI googled after the sale, and you are out!ā€

[QUOTE=Kwill;8541843]
That was a typo on my part, I meant couldnā€™t afford the pony, so they had to find a bargain. Absolutely nothing wrong with that, other than the OP made it sound like the ā€œclientā€ was not related to her, but in fact it seems it is her mother. Read the original story if it hasnā€™t been edited.

Turns out the buyer has some baggage.

I agree, there is always negotiation but the OP made it sound like she got a great deal for this pony and it was worth much more than she paid, but was sold at a discount since it had a lot of talent and it was going to a show home. Nothing wrong with that either, seller canā€™t do much about it if they agreed at the time to sell the pony for that amount of money. No is a perfectly legitimate response at the bargaining table.

Also: ā€œOnce everything wasnā€™t adding up I decided to Google Donna and Kris.ā€ What wasnā€™t adding up? They purchased the pony, gave you the money, had a shipper coming that was delayed by weather. Then you changed your mind, they didnā€™t.[/QUOTE]

My opinion doesnā€™t change. There isnā€™t a rule that says you canā€™t afford a pony unless you pay this more for it, or you canā€™t afford a good show pony if you canā€™t pay this much for it. They thought they found a pony that would meet their needs in the price range they wanted to pay. Someone was willing to see the pony to them in that price range. Thatā€™s it.