[QUOTE=TrailRides4Fun;8534673]
Could it have been a scam?
Was it a reputable seller & site?
Did you ever ride/ go try out the horse, PPE done, vet check, etc., etc. ?
Horse selling scams on the internet are so common these days.
Good luck OP![/QUOTE]
Still wondering ^ 
I think the whole thing sound suspicious,ā¦, sorry this happened.
I guess the buyers options are to pay the ransom to get the pony or to get a refund- but if I was them Iād want a refund for any other costs, including pre-purchase, travel expenses, and any bill from the shipper. Something tells me the seller wonāt want to refund that and this is going to turn into a big legal battle either way.
Did the shipper or sheriff actually put eyes on the pony when they were there? Like is the pony actually at the farm?
I hope this works out well for the young rider. It sounds like they really liked this horse!
I hope the demanded ransom, err, board, is not too outrageous. Might be worthwhile to call a few barns local to seller and ask what board costs. That way at least you would know if it was exorbitant or priced accordingly to local levels.
How is it, the hauler was charged with trespassing? They had a job to do, then did it, right? Maybe because seller told you to tell hauler to stay away?
I have read most of this post, am thinking horse got hurt or they found someone with bigger bucks to buy. Maybe no horse at all but if you had PPE, vet would know, Iām sure. Horse might have even died for all anyone but the seller knows.
Going to stay tuned on this one.
Also, if seller had hoofies done, while waiting for a pick up, horse may not be in the best condition for hauling and seller doesnāt want it known. Maybe horse got sick, colic or the snots.
[QUOTE=meupatdoes;8535903]
??
Where did the post you quoted mention affording a lawyer?
I thought it was about comparing <1% to 30%.
Probably <1% of a difference to the overall transaction is not worth hiring a lawyer over, ā¦or?[/QUOTE]
you mention going the easy way and paying up.
I am suggesting the hard way and making them pay.
Like I said. If I were affluent enough to drop that much money on a horse, I would probably be able to afford a lawyer as well.
You know, NOT letting greeders, etc, get away with manureā¦
If I were the client I would be getting my money back before that disappears with the horse. If client is determined to have the horse get a trailer and have the ransom money in hand and pick up the horse in person; to make sure you get not just a horse but the correct one and registration papers if it has them.
Personally if I was the client. Get the money back and find another pony. The seller is a little crazy it sounds like and you may be better off. IF the child is wanting the pony it depends on how much they want to spend.
IF I was still in SCā¦I would have gone and got the pony and found someplace to put it.
[QUOTE=gumtree;8535602]
Unless she is licensed to practice in SC all she can do is offer advise. But she may know of attorneys in SC to call.[/QUOTE]
Yes that is what she did for my friend that lives in two states for a horse related issue that happened outside of her licensed area.
Well folks, stay tuned for the details.
We offered to pay her ransom, and it was refused. We will be filing suit.
I realize to some it may be a waste of money, and some feel it would be a good life lesson for the kid to see that not everything goes according to planā¦ I however have been the kid who has been wronged in the past time and time again, and not had anyone step in to help, even when they could. I lost a lot of faith in the world and people from those who would just stand by watching. I would much prefer to teach the lesson that while yes, people do some terrible things, there is someone who will stand up. Even if it means stepping up as the trainer. It isnāt going to be easy, financially or logistically, as far as attending the hearing. But finding a comparable pony for the price will be just as difficult.
Pony was not overly expensive, though for the quality, it should have been, and I highly suspect that is the root of this whole situation. Realizing what she had after the deal was done.
Good Luck ! GO GET THESE SLIME BALLS !
*completely understand your āwhyā ! I do !
[QUOTE=Altered39;8537675]
Well folks, stay tuned for the details.
We offered to pay her ransom, and it was refused. We will be filing suit. [/QUOTE]
I hope all that is in emails. That will save your rear in court. Is the seller a young person or a mature adult?
[QUOTE=gumtree;8535178]
The OP says they have a āsimpleā Bill of Sale nothing else. A Bill of Sale is not a contract per-say.[/QUOTE] Not true. In general, a bill of sale usually contains enough information to be an enforceable contract (and the OPās certainly appears to do so). As always with contracts, the specifics of whether and what you can enforce are determined by the exact language in the contract so you cannot say all bills of sale are valid contracts (just like you cannot say that none are), but it would have to be a really unusual one to not contain the bare bones that establish a contract. So what specifics you can enforce depends on what is covered in the document, but a signed bill of sale (unless it is really unusual in terms of what is in it) is a contract for goods.
Good luck OP- I hate when people get away with being s&^%y people just because it is usually not worth the effort/money just to make them do the right thing. So good on you for fighting them on it. I hope it works out- please keep us posted. I suspect they will roll over for some board money when they get served with something in writing from an attorney (you may only need a demand letter on a lawyerās letterhead- works that way really often).
[QUOTE=Altered39;8537675]
Well folks, stay tuned for the details.
We offered to pay her ransom, and it was refused. We will be filing suit.
I realize to some it may be a waste of money, and some feel it would be a good life lesson for the kid to see that not everything goes according to planā¦ I however have been the kid who has been wronged in the past time and time again, and not had anyone step in to help, even when they could. I lost a lot of faith in the world and people from those who would just stand by watching. I would much prefer to teach the lesson that while yes, people do some terrible things, there is someone who will stand up. Even if it means stepping up as the trainer. It isnāt going to be easy, financially or logistically, as far as attending the hearing. But finding a comparable pony for the price will be just as difficult.
Pony was not overly expensive, though for the quality, it should have been, and I highly suspect that is the root of this whole situation. Realizing what she had after the deal was done.[/QUOTE]
Make sure your lawyer doesnāt forget the SC Deceptive Trade Practices Ace.
Good luck.
G.
[QUOTE=Altered39;8537675]
I realize to some it may be a waste of money, and some feel it would be a good life lesson for the kid to see that not everything goes according to planā¦ I however have been the kid who has been wronged in the past time and time again, and not had anyone step in to help, even when they could. I lost a lot of faith in the world and people from those who would just stand by watching. I would much prefer to teach the lesson that while yes, people do some terrible things, there is someone who will stand up. Even if it means stepping up as the trainer. It isnāt going to be easy, financially or logistically, as far as attending the hearing. But finding a comparable pony for the price will be just as difficult.[/QUOTE]
Iām glad you are going to pursue this. I have long said that one of the reasons dishonest and deceptive practices flourish in this industry is because people just let things go. When thereās virtually no risk of consequences, the ethically challenged have no reason not to behave badly.
[QUOTE=NoSuchPerson;8537826]
Iām glad you are going to pursue this. I have long said that one of the reasons dishonest and deceptive practices flourish in this industry is because people just let things go. When thereās virtually no risk of consequences, the ethically challenged have no reason not to behave badly.[/QUOTE]
Iām glad too. Itās so much easier to let things go sometimes, but thatās exactly why so many people get away with unethical behavior in the horse world. Good luck!
[QUOTE=NoSuchPerson;8537826]
Iām glad you are going to pursue this. I have long said that one of the reasons dishonest and deceptive practices flourish in this industry is because people just let things go. When thereās virtually no risk of consequences, the ethically challenged have no reason not to behave badly.[/QUOTE]
Exactly! You go, OP! Let them suffer some consequences! I will be rooting for your team and hoping you WIN! :applause:
[QUOTE=Altered39;8537675]
Well folks, stay tuned for the details.
We offered to pay her ransom, and it was refused. We will be filing suit.
I realize to some it may be a waste of money, and some feel it would be a good life lesson for the kid to see that not everything goes according to planā¦ I however have been the kid who has been wronged in the past time and time again, and not had anyone step in to help, even when they could. I lost a lot of faith in the world and people from those who would just stand by watching. I would much prefer to teach the lesson that while yes, people do some terrible things, there is someone who will stand up. Even if it means stepping up as the trainer. It isnāt going to be easy, financially or logistically, as far as attending the hearing. But finding a comparable pony for the price will be just as difficult.
Pony was not overly expensive, though for the quality, it should have been, and I highly suspect that is the root of this whole situation. Realizing what she had after the deal was done.[/QUOTE]
I would file suit too if I were you.
Crooked people shouldnāt be allowed to get away with this! They will just wrong some other poor kid.
Principle is important too.
GOOD LUCK! I will be following as well.
Good luck to you, I hope the seller gets whatever punishment is allowed / deserved.
Didnāt she offer to refund the money, though? Wonāt your client get her money back even if you donāt sue the seller?
You can go to federal court on diversity of citizenship and the amount paid to the seller. This will really help you as you wonāt be the victim of local āhome cookingā in a state court. Charleston is much more cosmopolitan than the area where you bought the horse, and the federal court there will be more neutral to an out of state buyer.
Do not hire an equine attorney. Hire a trial lawyer who is experienced in contract law. And who is not afraid to go to trial.
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