I bought a horse about 1 year ago that came with a Right of First Refusal/Buy Back Contract. I will start out saying I keep horses for life and never plan to sell him. For the sake of discussion I want to ask this question. Is a buy back contract/ROFR binding if the seller is unfit to care for the animal?
I bought this horse from a girl (referring to her as Seller) where I boarded my 2 other horses at the time. The Seller desperately needed money and couldn’t afford to feed the other 5 horses she owned. We bought him and she made us sign the contract. Which was fine he needed to be in the care of someone who could afford his care.
The original owner (referring to as Breeder) who had bred the horse and sold to the Seller 2 months after he dropped on the ground also had a buy back contract with the Seller. The Breeder had turned down the option to buy back, but still showed up and caused a scene during our transaction. The Breeder was in the same situation as the Seller in not being able to afford him and her other horses.
SO… by the time the transaction was over both the Breeder and Seller were on the buy back contract which is fine I never plan to sell him. I do understand things come up like death and injury, but my father has a 50 acre farm where all my horses (4 horses) are at now and has the means to take care of them. The horse was very malnourished and underweight. It took a lot to get him to where he needed to be.
Hypothetical Sell question now and AGAIN I AM NOT GOING TO SELL HIM IT’S JUST FOR DISCUSSION:
How could I ethically and with good judgment offer him back to them? I know they are unfit to care for him and saw this first hand. If they bought him back I would be sending him into a horrible situation. ALSO, I understand circumstances for people can change, but I would be relying on things I have seen with my own eyes.
Lets hear what you have to say! Lets discuss away.
AGAIN! I DON’T WANT TO SELL HIM THIS IS PURELY JUST FOR DISCUSSION AND MAYBE SOMEONE ELSE IS IN THIS POSITION AS WELL.