Unlimited access >

Right of First Refusal - Unfit Seller Question

I just want to say that I had to laugh at all the OP’s disclaimers IRT selling the horse. Truly speaks to the tendency for CoTH threads to really go off the rails… :wink:

I giggled about that as well! :lol:

Perhaps I missed a detail, but did you sign the contract before or AFTER seller added the breeder to the wording?

When I have signed contracts, I had to initial and DATE ON EACH contract change, including word removal, additional words or number changes, to show I knew of these changes and approved each of those changes. That old “Read the small print” your parents and lawyer advise you about, before signing ANYTHING! Yes it takes more time, everyone is impatient to get done, but do NOT let them pressure you into hurrying. They are SELLING and likely any contract they offer you is way in their favor, may have trick wording or clauses!!

Our lawyer pointed out big loopholes with a “standard” contract the Title company wanted to use for purchasing property. Nothing in our favor! Lawyer wrote the selling contract we ended up using, after getting documentation (Title company dragged that way out) that seller did own property with paid tax records, a clean title with matching description of the property to tax records. Stuff I never would have thought to ask about.

If OP did not initial and date each change before signing the both the seller and buyers contract copies, any added changes could be invalid for enforcing in any contract. People are not legally allowed to just add things to a contract after signatures, just because they “wish to”!

1 Like

No advice for you, OP, just as an add to the discussion - a little story (I still squirm).

As a young adult I found myself in the terrible position of having to sell a beloved little mare for financial reasons. She was an absolute little sweetheart.

I soon had two very interested parties, each looking to buy for their child aged about 8 years and this little mare was perfect; I duly made two appointments. Party #1 arrived, tried her out and daughter fell in love but Dad was playing it cool and said to me “Will you give me first right of refusal on her?”. I had never heard the term but think I nodded with some sort of confused look on my face. Dad and daughter had been finishing up their tryout, observed by Party # 2 who - having arrived a little early and based on what they’d seen - wanted her there and then, no trial, no ride, we’ll take her now.

Not really knowing what I’d agreed to, I assumed she was “sold” to Party #2. Of course, it was on for young and old then - as Party #1 stepped forward to assert his FRoR - to the chagrin of the 2nd who promptly advised me he would lawyer up.

Party # 1 replied: “I AM a lawyer”. I was just so confused and utterly embarrassed - also very sad for the second little girl, who’s Dad ended up deferring.

There was a happy ending: Five years later I was able to buy this little mare back (even went to said Lawyer’s VERY fancy home to pay exactly what I’d sold her for) and she went on to take my younger cousin through pony club and later becoming a delightful little RDA mount. One in a million that I still miss.

edited: typo

2 Likes

Not only would your potential buyer-backer have to come up with the price of the horse, she would have to come up with all the other requirements that you would ask a buyer to comply with. For example, passing a credit check, having a vet reference of good standing, having a farrier reference of good standing, having a certain amount of turnout space available for the horse, having a certain feed program in place already which would would accomodate your horse. The list can go on. Its not only a monetary standard she has to meet, but you can make any number of other requirements in order to sell.

In short, she will never be able to afford to buy (back) your horse.