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Mare in foal deal gone wrong

Equine-Reproduction.com Bulletin Board » Miscellaneous and Suggestions for a New Topic Category » Mare in foal deal gone wrong « Previous Next »


Author Message
 

bonnie scott
Nursing Foal
Username: Late4thesky

Post Number: 20
Registered: 01-2008
Posted on Tuesday, December 02, 2008 - 07:04 pm:   Edit Post Delete Post    Move Post (Moderator/Admin Only)

What would you do if you sold a bred mare ( bred to your stud ) to someone on the condition that you get the foal and she turns around and puts the mare in foal up for sale and says the new owner will get the baby, no stud fee offered to me or anything..

she didn't return the contract signed but did agree to the contract via e-mails.

I don't know why she's trying to pull this cr.ap on me..
I just gelded my stallion , this is the ONLY shot I have at his baby.

anyone ever have this happen

update....she sold the mare and wont give me info
 

Jan Owen
Senior Stallion or Mare
Username: 1frosty1

Post Number: 2001
Registered: 04-2006
Posted on Tuesday, December 02, 2008 - 07:50 pm:   Edit Post Delete Post    Move Post (Moderator/Admin Only)

I would take her to small claims court for the maxium amount of damages...perhaps that would persuade her to make this right. With your emails that should prove contract. That is terrible. Is this a registered mare? registered foal? Do you have any recourse with your stud registry? Can you let them know that the foal is not to be registered? So sorry this happened...
 

Diana Gilger
Senior Stallion or Mare
Username: Kdgilger

Post Number: 1520
Registered: 01-2008
Posted on Tuesday, December 02, 2008 - 09:41 pm:   Edit Post Delete Post    Move Post (Moderator/Admin Only)

Emails don't prove anything....just a signature does....been there, done that. I'd appeal to the new owner, with the contract in hand....and ask that they please understand your side of things, and rework their deal with the present owner.
 

bonnie scott
Weanling
Username: Late4thesky

Post Number: 21
Registered: 01-2008
Posted on Tuesday, December 02, 2008 - 09:53 pm:   Edit Post Delete Post    Move Post (Moderator/Admin Only)

I don't know where the mare is , I don't even know if she's still in Canada.
 

Diana Gilger
Senior Stallion or Mare
Username: Kdgilger

Post Number: 1521
Registered: 01-2008
Posted on Tuesday, December 02, 2008 - 10:11 pm:   Edit Post Delete Post    Move Post (Moderator/Admin Only)

I don't know, but I'd try contacting the registry and having them flag the mare's file. So they cannot register the baby until you've spoken with them. I think your only recourse is with the current owner...and the contract in your hand.
 

Joyce-Cookie due June 22
Breeding Stock
Username: Luv2ridesaddleseat

Post Number: 271
Registered: 12-2006
Posted on Tuesday, December 02, 2008 - 10:24 pm:   Edit Post Delete Post    Move Post (Moderator/Admin Only)

I would take all your information to a good Lawyer. Most give the first consultation free.

If you send this woman ANYTHING, make sure you send it certified mail, return receipt requested!!!!!
 

Katherine DaSo
Weanling
Username: Soarsamongstars

Post Number: 33
Registered: 10-2008
Posted on Tuesday, December 02, 2008 - 10:25 pm:   Edit Post Delete Post    Move Post (Moderator/Admin Only)

I would be LIVID.

and beyond it. this is why signatures are a definate thing a must in the buisiness. what amazes me is someone turning around giving their word then dishonoring it when all we have in this world is honor and a mans word should be their bond...

you can try small claims court, and/or take Diana's suggestion to contact the registry, I hate to hear you are going through this ESPECIALLY after you just gelded your guy.... I would honestly contac a lawyer that does the Free legal counseling and get legal advice so you can take ALL the precutions and steps possible.

Actually Diane an email works as a contract.... I went through similar with a mare I adopted out, under the condition that if the mare could not be kept or was in poor condition she came back to MY hands she could NOT be sold.....when the people disagreed and sold the mare I DID take my emails (it served as proof with the agreement) to an authority... via claims court...I now have my mare back (she was in poor condition) even if it was not signed it is still in writing she agrees.. I mean its worth a shot especially if you can get free legal counseling, and I would bring it up to the woman either she gives the information or she is in breach of contract which is an offense and you can take it to the highest standing authorities to let them sort it in court or she could save the trouble the court fees and possibility of worse by giving you the contact information, that if the foal is not back in your possession you can and will go to court.. you would win....
 

Beth
Yearling
Username: Beth13

Post Number: 100
Registered: 09-2007
Posted on Friday, December 05, 2008 - 12:43 am:   Edit Post Delete Post    Move Post (Moderator/Admin Only)

Bonnie I am so sorry this has happened to you. We got a mare on the same deal as this, that we returned the foal, so I can sort of understand what you're going through. The foal had major problems with his legs, the woman lived in Sydney, she considered bringing the colt there to see specialists, the mare would have to have gone with him and the mare was the womans first horse and she said she might not be able to let her go again. I was really worried but we still have the mare and as far as I know the colts okay.
I would go back through your email account and print off a copy of every corrospondence you have ever had with this person and see a lawyer.
 

Sarah Coquat
Nursing Foal
Username: Sarahmc

Post Number: 12
Registered: 04-2008
Posted on Monday, January 12, 2009 - 04:31 pm:   Edit Post Delete Post    Move Post (Moderator/Admin Only)

Not all court cases are treated objectively. Some people may get different results with the same type of case. It may depend on the judge. I say go for it - take her to court and see if you can get the colt.

Definitely contact the registry and let them know you are revoking the breeding report. See what you can do about that.

I've started telling people I can't hold horses in good faith. A deposit is now required.

I also started doing all sales by contract. I learned the hard way. People just aren't as honest as they used to be. Handshakes don't mean a thing to some people.
 

Dakarai Arabians
Neonate
Username: Lumani

Post Number: 6
Registered: 03-2008
Posted on Thursday, January 15, 2009 - 11:45 am:   Edit Post Delete Post    Move Post (Moderator/Admin Only)

I am very sorry you had to go through this. I went through something simular with my mare and foal when i bought her I was supposed to get the foal with the mare. After the mare foaled she decided she wanted to keep the foal. Ended up having to pay to buy the foal anways as she wanted to wean and bottlefeed a 12 day old colt! Poor mare was in horrible condition. SHe even went so far as to try and tell me to start lounging him at 3 months old to build muscle! Some people should NOT be allowed horses.

I am revising ALL my future contracts because this lady also claimed she was the stallion owner and signed all the papers (she had a friend in the registeries that helped her). Later i found out that he had been registered illegally because she hadn't paid the breeding fee to the stud owner and signed the papers as the owner. She is going to be taken to court by the stud owner.
 

Mary Greer
Breeding Stock
Username: Cowgirlup07

Post Number: 143
Registered: 02-2008
Posted on Saturday, January 17, 2009 - 12:05 am:   Edit Post Delete Post    Move Post (Moderator/Admin Only)

I had a lady bring me a mare to breed to my stallion, He is registered but the mare is not, With him (reg. in 3 dif. registries) The foal could've been papered but the lady didnt give me the breeders fee so I didnt give her the certificates. We did have a signed contract but she told the judge that her underage daughter forged her signature(which she didnt) So I know how you feel.
 

Dee Jay
Weanling
Username: Djscoloredcorral

Post Number: 39
Registered: 01-2009
Posted on Sunday, January 25, 2009 - 06:11 pm:   Edit Post Delete Post    Move Post (Moderator/Admin Only)

Sad to say this is the way of the world these days, and it isnt just in horses. We farm, and a friend of ours had his soybeans combined by a guy we know and the guy sold the clients beans himself as they were stored in the combine owners bins for the winter. Imagine signing a contract with a processing plant to suppy 100 tons of soy beans and then find out that the guy that was storing your beans sold them himself!!

A friend of mine had a deal with a huge race horse stud owner to use two of her really good mares to breed to, and she would get to keep her choice of one of the foals. THe mares stayed on her property and the foals were born on her property and stayed with her until weaning. She told the stallion owner she had made her choice of the colt and she heard through her grapevine of friends that the stallion owner was planning on coming to her farm and taking the colt when she wasnt there. He didnt want the filly from the other mare.

The lady found out that the stallion owner had sold his stallion and wanted the colt to replace him in the barn, so she gelded the colt right away and let the stallion owner know he was gelded and he could come pick up the filly or start paying board for her until he either did, or the board was the price of the filly, and she would keep the filly too.

He came and picked up the filly but was not too happy about it.

When I sell a horse, I keep the horse on the premisis until the bank draft clears. I dont take cheques or even cash these days. Paypal is an option, but it takes 10 business days to transfer from paypal to your bank account and in that time the purchaser can reverse the charge, so I always wait for things to clear before I let the horse off the property.

Another friend of mine took a draft for a horse sold out of the country and by the time she found out the bank draft was a forgery, the horse was long gone. When she complained to the registry, she was told it was a civil matter and they couldnt and wouldnt interfere. THe new owner had all the paperwork signed and faxed to the registry so she was out of luck. THe cost of lawyers and taking it to court would have cost more than the horse, and it was out of the country, so she really had no way of getting either the horse or her money.

I sold a mare two years ago and kept the mare on the property for an extra month to be sure the bank wouldnt reject the bank draft. Its happened to others 30 days down the road.

Im still always worried about selling a horse to someone I dont know, or someone out of my area because I really think that for some people, they scam others any way they can.

Sad, but these days, very true.



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