hum, then sell 99% of horse and keep 1% ?
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On 'right-of-first-refusal: All contracts are unenforceable unless you enforce them. Or, if they are not in compliance with established law. I have had buyers call me because they wanted to sell the horse. I’ve stayed in touch with some buyers - one for decades. I like getting the pics of them wearing a ribbon at a show. I haven’t had to sue on it.
On “as-is” in a sale contract: If you can show that a seller has misrepresented or lied in advertising - that will trump an “as is” clause. That is clearly not the case with OP.
When we sold my parents’ old ranch, we had buyers that thought they could do all sorts of things with the property. I had my attorney draft a ‘whereas’ clause to the sale contract. I didn’t want them coming back at my Mother because they couldn’t execute their grand plans.
Likewise, many auto repair contracts have a warranty clause that reads “10,000 miles or 2 years.” Unless the shop follows that with ‘whichever comes first,’ you can demand they honor either term. The word ‘or’ means ‘or’ in CA law and in the dictionary.
And, like any contract dispute - you may have to go to court to enforce them. I’ve done that and won. It’s always a pain - so choose your poison.
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I do hope you can work this out. You never know with sellers, or buyers whether they are telling the truth, or lies. I have a friend that was scammed into leasing the horse to buy in 2014. Well it turned out badly, her beloved mare was leased to someone else 2 years ago and is out of her hands completely (and she cannot see the horse, she was threatened). What is sad in this case is the horse was spotted being ridden with a swollen leg… 
Only advice I can give to you (and my friend) is get a lawyer. As to that, I have a post to compose.
I’m not sure a car makes a good comparison. Some states do have laws (lemon laws) that grant consumers a statuary warranty period for auto purchases that meet eligibility requirements.
The subject that interests me are claims made during advertisement, and the seller who has a buyer sign a bill of sale that has the words “As Is” written on it in a way that does not make it clear that any claims the seller made prior to the sale are being extinguished.
Another part that interests me is the idea of assumed risk.
Certainly when a person buys used machinery it’s common knowledge that machines wear out with use.
Answer me this… If a person sells a 2004 Ford F350, and has the buyer sign a paper saying it’s an as-is sale of a ford F350. But let’s imagine that the buyer knows nothing about trucks. So the buyer drives the truck they bought home, and a friend gets to see the truck, and they notice the truck only has six lug nuts and not eight. The friend looks at the tag on the door jam, and it says the truck is really a Ford F150, and someone had switched the F150 Badges on the fenders with F350 badges.
So in the case of this misrepresented truck, does the “as is” language on a paper that buyer signed protect the seller? And yes, let’s assume the truck title does say the truck is indeed a ford F150.
Can the buyer get their money back?
Do the words “As Is” grant a seller absolute protection from liability in all cases?
That’s my point. I think there are people who think the words “as is” grant them majikal protection.
This morning update, buyer sent another aggressive email stating she had the money to pursue this in court, and basically asked if I did as if I were some low end trash.
just cause I am young dont mean I dont have the means.
Lawyer is even a bit shocked with how she is wording things.
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Would like to be a fly on the wall when the registered letter from your lawyer is received. I think they picked the wrong person with you. :lol:
I hope this comes to favorable end for you and Dobbin but if the crazy train has left the station you may be in for more of the same. Glad you have an attorney in your corner, you definitely did the right thing there.
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I think your car example is even worse than my car example.
A truck is either an F350 or an F150. It can not be an F350 now and six months down the road, because of a driving accident, become an F150.
A horse can be a great trail horse now (at the time of sale) and six month down the road, because of a pasture accident, bad training, poor fitting tack, etc. not be a great trail horse. That is no fault of the sellers.
Your truck example is someone just plain out not being honest.
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I agree with your trail horse example. That’s what I think of as assumed risk. I think assumed risk applies to both Horses and Machines. Horses are living creatures that are subject to behavioral changes and medical problems. Machines are subject to waring out and breaking down.
I don’t think the OP has anything to worry about. I’m only interested in this subject because the OP’s post and everyone’s responses. It caused me to start contemplating all the different scenarios that can happen between buyers and sellers.
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Threatened with what, exactly? Certainly sounds like time to step up the game with legal means.
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Sounds like fraud to me.
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That’s seems to be what TCA Arabians said in her post too… " If you can show that a seller has misrepresented or lied in advertising - that will trump an “as is” clause."
I personally think if one looks at lots of hypothetical horse-for-sale ads, on many different hypothetical horse-for-sale websites. One might eventually read one or more hypothetical ads, that may hypothetically seem to be making claims that are so hypothetically great, that one might hypothetically think the hypothetical horse will endow it’s hypothetical rider with hypothetically great riding abilities and showing success… by simply virtue of… buying what might hypothetically seem to be… a …magical horse…
The hypothetical moral of my hypothetical musings… Beware becoming the hypothetical buyer or seller, of a hypothetically magical horse.
~.~.~.~.~
Don’t encourage it, just read the poster’s thread that you quoted and the thread that is referenced.
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I’m telling you the overkill either means she is not all there or she knows she is oh so wrong and is trying to scare you.
Nice try - not gonna fly.
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:rolleyes:
I’d be thinking… bring it on baby.
Almost sounds to me like the buyer is applying pressure to get the seller to cave under the “threats”. If your attorney is continuing to stay on your side, I’d say bring it on and see if you can get buyer to pay your legal costs as well as hers 
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really you should not be responding to any email or other correspondence have your attorney handle it, this is turning into how to drive in Mexico where the loudest horn often wins the battle at the intersections.
Ms Money bags should know she has more to loose but is assuming if she screams the loudest, jumps up and down the hardest that every one will back away. She has been watching too much of the political news.
OP have you done any research on this buyer, checked her internet activity to she just what she is saying about you and what she had said about the horse during the nine months? I would.
The purchaser just sounds like an unhappy person to me who is used to getting their way all the time.
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The purchaser sounds nucking futz.
Seriously. The only way to get someone like this to go away is to let lawyers handle it. Trust me. I’ve got a family member exactly like this-- goes around scrutinizing every interaction with everyone then starts screaming b/c she thinks she’s been slighted.
Hear me now: The reason she’s being so aggressive and screaming that she’s been ‘cheated’ with this purchase of this horse, is that is exactly what she would do if the situation were reversed.
A lawyer will make her quiet down quickly, so yes, all communications from now on go through lawyer. I’d send one final email stating such then block her. You don’t need to feed this type of attention-seeking crazy.
I will warn you though, these types are not above taking out revenge on helpless animals.
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You’re doing the right thing by getting a lawyer. Don’t engage with the seller at all anymore and forward everything she sends you to your lawyer. If you get caught up in a back and forth with her, you’ll make it worse. Don’t block her, though. Let her continue to make herself look bad with everything she sends you. Just don’t reply to any of it.
Good luck! Sounds like you’ve at least got a good lawyer who is familiar with the crazy world of horse people.
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I agree with everyone else, don’t block her, but forward everything to your attorney. I agree that you should Google the buyer, and the horse’s name, put both in quotations, and you’ll see if the buyer has a history of this type of garbage, or if they’ve been trying to resell for a higher price and couldn’t.
Don’t even try to figure out why the buyer’s doing this, because you will never know the true story.
I have a lot of guesses, but there’s no way of knowing if it was to get a horse for a specific time, and then return, or if they wanted to flip the horse and it didn’t work out. I just hope it works out the best for the horse, and for you.
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This is what I planned to do. Anything she sends I read, laugh a bit at while shaking my head, then forward to the lawyer. I have no plans to even talk to her till it is down right necessary
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