- This ~ color me SUSPICIOUS !
[QUOTE=Ambitious Kate;8534994]
There may never have been a horse.[/QUOTE]
^ this ^ color me ‘SUSPICIOUS’ too !
My reading of the post was that the OP was helping her client and the client’s daughter find a horse.
The fact that the seller stated that she would be returning the money that the client had sent for the horse suggests to me that the seller did indeed find another buyer who was willing to pay more. So the seller simply disregarded the fact that she had already accepted payment on the horse, and then has attempted to construct various post-hoc (bogus) legitimations of why it was legal for her to sell a horse that was no longer hers.
Hope we get an update when something gets figured out.
Yes, update please! I hope either way that you take them to court.
[QUOTE=Guilherme;8533872]
What does your contract say? When does title pass? If it did when payment was made then you own the horse. If they dispose of your property they are guilty of theft. If the amount is significant it’s felony theft.
Local authorities may or may not consider this a “civil matter.” Call the sheriff after you see what you contract says.
G.[/QUOTE]
The OP says they have a “simple” Bill of Sale nothing else. A Bill of Sale is not a contract per-say. It is a “receipt” to prove purchase and provides “title” to the horse or “widget”.
I have written a number of times when people chime in with horse sale disputes. When buying a horse and a number of things there are 2 important documents that should be draw up.
Once a purchaser has decided to proceed with the purchase and a price and the term of purchase have been settled on. It is important to draw up a Purchase and Sale agreement. This is the “contract”.
All details of the purchase should be written out. “The purchase is based on the following contingencies”
Pass a PPE, up to date on all vaccinations, etc, etc. It should state the time period for which everything will be done in.
It should state a pick up date. It should state if the horse is not picked up by that date a boarding fee of X will be charged per day plus any and all additional expenses inured by the seller.
Once the horse passes the terms of purchase title and risk of loss becomes the responsibility of the purchaser.
To bind the contract a deposit should be given. Refundable only if the horse does not pass the terms of purchase.
Default clauses.
The purchase price must be paid in full by x days after the horse passes the terms of purchase. If not the sale can be cancelled and the contract becomes null and void. Purchaser loses their deposit.
The contract can only be changed in writing and agreed upon by both parties in duplicate. The legal venue in case of disputes will be X state.
The above is a simple example. When the horse is paid for in FULL that is when the Bill of Sale and title transfers.
“IN Duplicate” is very important. Both signed copies of the document must have the exact same languish on it. Any changes must be included on both copies, either rewritten or if added after the fact the same on both copies with the seller and the purchaser singing off/ initials on each additional paragraph. with the date adding the time is a good thing also.
If a dispute should come up only the original unmodified contract, Bill of Sale will be reviewed, taken into account.
“Simple” Bills of Sale and Purchase contracts are easy to write up. But if things go south and a dispute arises it will not be so "simple’ nor cheap to sort out.
A Purchase and Sale agreement/contract is IMPORTANT in the fact unless stated other wise, it takes the horse off the market pending sale. So if the seller should be offered more money they can not except the offer unless the Purchaser defaults on the existing contract and or the horse doesn’t pass the terms of purchase. The seller can grant a right of first refusal in writing. But that’s another “legal” topic. I’ve given out enough free advise for today.
This is what I do for a living as an agent. People pay me to take care of ALL the details and take the stress and hassle out of the purchase. And make sure nothing goes wrong. If a legal dispute comes up it is discussed and decide how we want to proceed. I am well versed and cheaper than an attorney. But of course if we have to go to court we hire an attorney. But I make a very good expert witness if needed at no charge to my client.
This is a link that explains some of the above in plain languish;
Trailer just attempted to pick up with Sheriff. Seller and her boyfriend were intoxicated and claimed board and feed was now owed, so deputy “erred on the side of caution” and called it a civil matter. They also filed a trespassing complaint against the hauler.
Magistrate says we can file suit, but if we cannot travel to their town for the court hearing it will be thrown out. We could file an emergency claim, but would need to post double what we paid for the horse as “bond”.
Un-*******-believable.
I feel for you, OP. I don’t think I could write a fictional story as nuts as what some people pull.
Sounds like they should be on the Jerry Springer show ! Good luck they sound nutz
That must have been a real scene when the Sheriff and the trailer showed up!
Woof.
How long was the horse left there? Depends on the delay. You say it was substantial. You might well owe board and expenses depending on how substantial. I would assume that if my shipper was delayed I did owe board if more than a couple days honestly. but it shouldn’t void a sale. It does mean you ought to have to pay before they release the horse because YOUR horse is incurring costs. Why should they pay them on a horse they no longer own?
The whole thing is fishy because if that is what they wanted you would think they would have sent you figures, like “you owe me $500 in board before you can have the horse since I had to pay board this month since you were late picking it up.” Did they do that? Did you refuse?
I try to pick up horses promptly and if delayed I would expect to pay expenses on a horse I now own.
There is no way I would have sent that shipper without a cashier’s check for the expenses, that was a huge mistake. Then your outcome would likely have been different. Sorry not to have seen this thread earlier. Can you ask the cops if they will go back if you send the money?
If they won’t I would just let the horse go.
Pay the board, ascertaining first from the BO what the board actually is, load your horse and get outta there.
I’ve used a full contract before, but in most cases it’s a phone call, wire transfer, and Bill of Sale with papers. Then, I’ve never done any “baiting and switching.” 
My gut feeling is that OP is screwed. If they return the money take it and run like Hell. If they don’t then file a full blown criminal complaint. Likely that will go. I don’t know how SC is but in theft cases here we make a real effort of get restitution for a victim.
G.
Yeah but what a PITA. It will cost the OP more to travel to the other state to court than this will ever be worth. I would make the sellers put the revoked sale in writing though so in a year they don’t try to come after you for board or something crazy.
Sometimes when things start out badly they never change.
Sounds like a lovely boarding operation where horse owners and their SOs can hang out drunk.
[QUOTE=Altered39;8535245]
Trailer just attempted to pick up with Sheriff. Seller and her boyfriend were intoxicated and claimed board and feed was now owed, so deputy “erred on the side of caution” and called it a civil matter. They also filed a trespassing complaint against the hauler.
Magistrate says we can file suit, but if we cannot travel to their town for the court hearing it will be thrown out. We could file an emergency claim, but would need to post double what we paid for the horse as “bond”.
Un-*******-believable.[/QUOTE]
twenty thousand of your closest friends are dying to hear where you bought the pony from.
The courts generally interpret a date to extend by “a reasonable amount of time”. A delay due to weather is considered "reasonable’.
Many courts allow for someone from out of state to make an appearance via telephone (or Skype). Assuming that the contract says that the jurisdiction applicable if any legal issues arise is SC, you need to find out if you can make an appearance via telephone or Skype. This is not uncommon for a simple matter, just because of situations like yours.
If an attorney is hired, you may not have to make an appearance at all. He will represent you and will have your statements notarized.
Expect to pay between $5000 - $10,000 if you decide to fight this. Does your contract say that the losing party pays all costs and fees? If so, take the broad to court.
And, when all this is done, feel free to come back and tell everyone who she is. The truth is an absolute defense to defamation. 
If you want to pursue legally, I know some people have used this woman and speak highly of her.
[QUOTE=Alagirl;8535378]
twenty thousand of your closest friends are dying to hear where you bought the pony from.[/QUOTE]
And that too!
And now come the taunting messages of haha, you will never see your pony, and how the Sheriff “obviously sides with her” since he couldn’t/wouldn’t make them relinquish the horse. I am beyond sick for my client and the kid.
The delay in total was 14 days (keep in mind trailer was traveling across the country). All was fine until within 24 hours of pick up when the trailer called to confirm and was told don’t bother coming. Then we were told she was “voiding the sale” and she referenced the bit she wrote on the BOS after it had already been signed on our end.
Owner and I are going back and forth right now… Nothing irks me more than watching good people get screwed and cons get away with it. The business side of my brain says you wouldn’t want your client to have ANY horse coming from this sort of hostile situation. The angry side of me wants to follow this through for the principle of it all. Owner wants to file with NetPosse… Gosh, I can’t even see straight. One thing is for sure, I don’t think we’ll ever buy anything in SC again. Amazing to me how their law allows someone to withhold another person’s legal property.
