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Need advice/Help

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Author Message
 

Kim Peavy
Breeding Stock
Username: Lovemysinbad

Post Number: 325
Registered: 09-2007
Posted on Tuesday, February 03, 2009 - 06:25 am:   Edit Post Delete Post    Move Post (Moderator/Admin Only)

Sorry, this is not really repro related, but I trust you guys and I have a problem situation, he's the story:I have a situation that just came up, hoping some can help me with it. I had a small pony that I purchased for my daughter to train and re-sell to help with her shows, etc and to get her some experience. Shes in pony club. We got the pony, worked with her and she was going around real good, went ahead and advertised her. Within 2 days I had a woman who had to have her for her very small daughter. She wanted to trade a large pony for her that she was unable to sell with the economy. I had the pony only about a week and really was just getting to know her, we rode her everyday, jumped her vidoed her etc. She was going wonderful, got along with other ponies, etc. The large I was getting was a nice w/t...the videos were hard to see, but I knew at least my daughter could ride him and I was excited to see how she could get him trained. I emailed the day after the switch to see how things were going...good on both sides...heard nothing since, so I assumed all was ok. The large pony cannot hold his left rear lead, gets very disunited, looks to have had some hock injuries or something. I also placed the ad for him, we are trying to move them in and out as quickly as they are ready while still training them. I rec'd a nasty email from the lady who got my pony last night off of the new pony's ad. She says she is going to turn me in to BBB and sue me if I don't pay her for the large pony. Said she gave me a nice pony and I gave her a crazy one that I told her was bombproof. First, I never told her that...she is a beginner rider pony...but not for a 3 year old...good gosh...I told her many times, she will need to have other kids school her, we'd only had her a week etc etc etc. So after this email, I told her to bring the pony back and we'd trade back. Anyone ever had anything like this happen? I'm just floored...maybe she just got upset that we already placed him up for sale? Suggestions? I also informed her that her pony also had issues with his rear end that are going to require lots of work and probably medical care....so we didn't get a perfect pony either. Is there anything else any of you would do? If she won't trade back...what else should I do? I cannot keep this new pony, as it was gotten for a project and re-sell....suggestions, comments?
 

Kim Peavy
Breeding Stock
Username: Lovemysinbad

Post Number: 326
Registered: 09-2007
Posted on Tuesday, February 03, 2009 - 06:41 am:   Edit Post Delete Post    Move Post (Moderator/Admin Only)

Forgot to ad, not only did she say she was going to sue me, she wants me to pay her $3K for the new pony and never offered to send back my crazy one...???
 

Amanda Gilbert
Breeding Stock
Username: Amanda

Post Number: 151
Registered: 11-2005
Posted on Tuesday, February 03, 2009 - 07:47 am:   Edit Post Delete Post    Move Post (Moderator/Admin Only)

Did you have a contract? I would stick to your guns and either trade back or tell her that if she doenst want to trade back the pony she has cant be that bad if she wants to keep it. I would not give her any money and if there is no contract in writing then this should be a reminder of why you should have one.
Good luck
Amanda
 

Kim Peavy
Breeding Stock
Username: Lovemysinbad

Post Number: 327
Registered: 09-2007
Posted on Tuesday, February 03, 2009 - 08:53 am:   Edit Post Delete Post    Move Post (Moderator/Admin Only)

I did do a bill of sale which stated in price, traded pony of equal value....I am sticking to my guns, however, she will have to bring the pony to me, pay for the vet to do the health cert's to travel over state lines and I have training/body clipping money due, plus a chiro bill...I told her she had to pay me that and i would trade back...
 

Dee Jay
Yearling
Username: Djscoloredcorral

Post Number: 75
Registered: 01-2009
Posted on Tuesday, February 03, 2009 - 09:33 am:   Edit Post Delete Post    Move Post (Moderator/Admin Only)

Yes, I agree Kim. Stick to your guns. This could be nothing more than a shakedown and her getting rid of a pony that was not sound.

Tell her in writing with a registered letter that you will trade her back her unsound pony for yours although you are under no obligation to do so, and that is that. Give her a deadline to reply to your letter or you will assume she is keeping your pony and that is the end of the matter.

Purchase of horses, or anything else for that matter is buyer beware. She can't sue you for something that you didnt agree to purchase, and she certainly cant sue you for additional monies to purchase another pony.

You might have to eat the costs you have put into her pony just to get rid of it. And, she will have to eat the cost of the vet bill for health certificate to bring the pony back.

SOunds like it will end up costing you alot more in future than what you have spent so far if you keep the pony and insist that she refund you your costs.

Good reminder that a bill of sale is necessary these days instead of just a good idea. As you have one, she doesnt have a leg to stand on.

Let us know what happens.
 

Kim Peavy
Breeding Stock
Username: Lovemysinbad

Post Number: 328
Registered: 09-2007
Posted on Tuesday, February 03, 2009 - 10:28 am:   Edit Post Delete Post    Move Post (Moderator/Admin Only)

Thanks Dee Jay....I've not heard from her yet...maybe she was just in a big fog last night...hopefully, anyway...her last sentence was "thank you for ruining my daughter's birthday"...:-(
 

Diana Gilger
Senior Stallion or Mare
Username: Kdgilger

Post Number: 1837
Registered: 01-2008
Posted on Tuesday, February 03, 2009 - 10:44 am:   Edit Post Delete Post    Move Post (Moderator/Admin Only)

Kim, it's important to remember that some people are just "like that". The contract is the only thing you have protecting you from bad buyers/traders. I too would send a registered letter with a deadline for her to reply. Not only that, but with a deadline for her to have the pony back on your property. If it were me, I'd probably just drop the fact that anyone owes anyone for a vet bill, and be happy to get my sound pony back. If she prefers to have an unsound pony as opposed to the 'crazy' one, I'd let her. It'll save you alot of hassle in vet/chiro bills, and in the resale. I'd be anxious to get the crazy one back, and give her her unsound. Just something to think about.
 

Tahra Sky 3/14
Breeding Stock
Username: Tahra

Post Number: 228
Registered: 01-2008
Posted on Tuesday, February 03, 2009 - 01:56 pm:   Edit Post Delete Post    Move Post (Moderator/Admin Only)

Kim STICK TO THE BILL OF SALE!! I had this with a horse that I sold. He was a lovely gelding and the people tried him and like him. I did a bad thing and agreed to a 60day trial. Will never do that again. However I never heard from them and assumed all was well. They called me on the 62nd day and told me the horse was bucking and crazy. They had sent him to a bronco trainer to get the buck out of him and when that didn't work wanted me to take him and give there money back. Called my lawyer and he said stick to the contract and they didn't have a leg to stand on. I did and even said I would take the horse for 2weeks to see what was wrong. Within 24hrs of having the horse back I had a 6yr old on him and he never one offered to buck for all those two weeks. The owners had to take him home and I never heard from them again.

In regards to the large pony dropping a lead I have had allot of horses like that. The biggest thing I find is a lack of understanding of the lead so they loose mussel to hold themselves. If you do keep him work him in some sliding side rains and over a large circle with low cavelate. Over a caveletie then two strides and then another. This really helps them learn the balance and lead and they build mussel. This has worked well for new horses as well as retrain. It is also an exercise I use for one of my arthritic Eventers. His is just starting but he does have a few spots that have fused. This exercise keeps him going strong and prevents the studentís mistakes of causing him discomfort. Good luck and hope all turns out well.
 

Kim Peavy
Breeding Stock
Username: Lovemysinbad

Post Number: 329
Registered: 09-2007
Posted on Tuesday, February 03, 2009 - 02:21 pm:   Edit Post Delete Post    Move Post (Moderator/Admin Only)

Thanks Tahra and Diana...I emailed her at 5:00 this am and again when I got back to work, heard nothing from her...Tahra, I appreciate the input on the lead dropping. He does have what looks to be a goose rump and is weak in his hind end. It appears as if he had some kind of injury to both hocks too...like he was caught in fencing, wire rope or something...but can bend and stretch them out...just not really used to it. I had a massage therapist come adjust him and she also gave me the same thing...work up muscles in his rear end...he's not lame at all. Thanks for the suggestions with the side reins...I do so appreciate it! I'll keep you guys posted. On a side note, I'm getting Sweetie, my mare back...traded her and some cash for my appy gelding...I just don't ride much but trails anymore and she can do that, plus make beautiful babies for me and the girl who I sold Sweetie to wanted a gelding...so we are all happy. I think I will breed her to a small Section A welsh stallion for a wonderful pony cross for next year :-)
 

angel humphries
Weanling
Username: Angel_humphries

Post Number: 32
Registered: 03-2006
Posted on Tuesday, February 03, 2009 - 04:11 pm:   Edit Post Delete Post    Move Post (Moderator/Admin Only)

I agree that some people are just like that. If something did happen with the pony you traded them, chances are it was something they did that caused it. Example-It seems that the pony you got in return hadn't been trained very well. I have had this happen to me once also, people called saying the horse they got from me bucked her off, found out she was trying to run him on barrels, he had never been in the arena, got scared and jumped sideways, she fell off. And you did not ruin anyone's birthday. I don't know about you, but I don't consider any horse "bomb proof", much less for a 3 year old unsupervised. Some people amaze me... I'm sorry you are having to deal with this. Good luck and I hope everything works out.

Congratulations on getting your mare back!
 

Cindy Dawson
Neonate
Username: Cindy97

Post Number: 5
Registered: 09-2008
Posted on Tuesday, February 03, 2009 - 08:25 pm:   Edit Post Delete Post    Move Post (Moderator/Admin Only)

Kim,
Hope it all works out for you. Just an FYI, I have a gorgeous 12.1 Welsh pony stallion. His name is Gayfield's Ragtime Cowboy and I ship semen! Let me know if you want more info on him.
 

Kim Peavy
Breeding Stock
Username: Lovemysinbad

Post Number: 330
Registered: 09-2007
Posted on Tuesday, February 03, 2009 - 08:31 pm:   Edit Post Delete Post    Move Post (Moderator/Admin Only)

Hi Cindy: Thanks...your boy is really cute...can you send me the info to my email kwpeavy63@embarqmail.com. My trainer has a friend here locally with a welsh stallion G.P. Kupids Caper that I was also going to look at..she does live cover somehow...LOL....I think a ditch for the mare...anyway, would love to look at your guy too! Kim
 

Diana Gilger
Senior Stallion or Mare
Username: Kdgilger

Post Number: 1844
Registered: 01-2008
Posted on Tuesday, February 03, 2009 - 08:40 pm:   Edit Post Delete Post    Move Post (Moderator/Admin Only)

don't overlook Samanthas Lord Solomon!!! He's gorgeous as they come!!!! www.secretambitionstables.com
 

Kim Peavy
Breeding Stock
Username: Lovemysinbad

Post Number: 331
Registered: 09-2007
Posted on Wednesday, February 04, 2009 - 05:37 am:   Edit Post Delete Post    Move Post (Moderator/Admin Only)

OK, here it is 5:00 am, and had another email from the crazy lady....she claims she left me a voice mail the first day they rode the pony...well, obviously, I never got it! Anyway, still claims that I knew this pony would not work for her daughter...even after I told her we'd just had her a week, sent her a video of a tiny girl riding her all alone, etc....anyway, she's going out of town and cannot come to trade back by the weekend or something to that effect. Said she called the lady who owned the pony before I bought her and the lady told her that the pony would not work for a toddler...same thing I told her, but she was just going to lead her around. You know, I'm now worried about the poor little pony I traded to her...I hope she does bring her back..but I cannot string this thing out forever...so I gave her until Friday of this week...I guess if I don't hear from her, should I go to my attorney and just put him on notice? what a mess
 

Dee Jay
Yearling
Username: Djscoloredcorral

Post Number: 77
Registered: 01-2009
Posted on Wednesday, February 04, 2009 - 07:41 am:   Edit Post Delete Post    Move Post (Moderator/Admin Only)

Stick with the registered letter and leave it at that. No need to start adding attorney fees into it just yet.
 

Diana Gilger
Senior Stallion or Mare
Username: Kdgilger

Post Number: 1847
Registered: 01-2008
Posted on Wednesday, February 04, 2009 - 11:10 am:   Edit Post Delete Post    Move Post (Moderator/Admin Only)

That's exactly what I would do.
 

Kim Peavy
Breeding Stock
Username: Lovemysinbad

Post Number: 332
Registered: 09-2007
Posted on Wednesday, February 04, 2009 - 02:26 pm:   Edit Post Delete Post    Move Post (Moderator/Admin Only)

Woo Hoo, thanks guys....well, I am so thankful that my attorney is right next to my office, we share a building...he is also a very good friend...I ran this whole scenario by him...he said to just keep doing what I'm doing, she has no ground to stand on....and move on...so, that's what I'm doing, no more responding to her...etc etc...also, she is in GA, I'm in FL...he said if she tried to do any suit...it would have to be here in FL.....which I don't see her doing that either....:-) Thanks for all the support and help...lesson learned here....you just cannot be too careful!!
 

Cjskip
Breeding Stock
Username: Cjskip

Post Number: 854
Registered: 03-2008
Posted on Saturday, February 14, 2009 - 09:12 pm:   Edit Post Delete Post    Move Post (Moderator/Admin Only)

Jeeeeezzzz Kim, I'm sorry this happened to you. Why can't people just be civil and if there is a problem, work with it and settle it like adults? it never feels good to have someone malign us.

Oh well, it helps put us all on notice I guess. Have a bill of sale and perhaps a contract.

Hope things are going better.



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