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 Elite Veteran
Posts: 653
  
Location: Quinlan, TX | Ok sorry if this ends up being kinda long.....
My younger sister was given a horse after her mare died from colic three years ago. There apparently was a verbal agreement that if she ever wanted to get rid of her that she had to go back to them. Well after she had the horse a year she moved in with me which is 4 hrs from where she was. The previous owners knew she was taking the horse with her when she moved. My sister started letting my 10 yr old son ride the horse and eventually they became quite the little pair (my son and the horse). So my sister messaged the previous owner and asked permission if the horse could have a new owner. Previous owner was excited and said yes that is perfectly fine. All we ask is that if they ever decide to get rid of her to let us know. SO I gave my sister some money for the horse that way she could buy another one. Ok so fast forward another year to this past weekend. My son decided he wants the horse to go to another kid to learn on like he did and he wants a step up horse. So I send the previous owners a message letting them know we are going to sell her to get him another horse (as they asked us to do). Now they are threatening to report the horse stolen and file a lawsuit against my sister and myself if we don't return the horse. I told them that I purchased the horse AFTER my sister got permission for the horse to have a new owner. But that they were more than welcome to come pick the horse up for the price I have listed her at. She kept on threatening at that point and told me I will be getting paperwork soon. I told her to do whatever she needed to do, but I find it hard to believe that she can file a stolen horse report if she willingly gave the horse away, and has known where the horse has been for the past three years. Please enlighten me if I am wrong. Just know that when my sister first got the horse she bucked and just flat out would fight constantly. After she moved with me I worked with her and the horse and found that she needed chiro work and a less aggressive bit and she has turned out to be a really nice kid safe horse. I feel that they gave the horse away due to her bucking and fighting and now that my 10 yr old has been riding her and she is worth something they want her back. I may be wrong.....so anyone that has been through this or even just your thoughs about it will help. Thanks!! Please no flaming.....I am just looking for advice on what to do.
Edited by chrissyfouse 2014-02-05 9:33 AM
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  Shipwrecked and Flat Out Zapped
Posts: 16390
 
Location: DUMPING CATS AND PIGS IN TEXAS :) | My opinion, from what I've read, is that the horse should go back to them as per the initial agreement. I don't think they want you making money off of a horse that they gave away with conditions. That's probably how they are looking at it. |
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Hungarian Midget Woman
Location: Midwest | LRQHS - 2014-01-27 8:38 AM
My opinion, from what I've read, is that the horse should go back to them as per the initial agreement. I don't think they want you making money off of a horse that they gave away with conditions. That's probably how they are looking at it. Â
agree |
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Addicted to Baseball
Location: Where the stars at night are big and bright, TX | You gave your sister money for the horse so she could buy another. You didn't buy it from the previous owner. Perhaps the owner was happy the horse was staying in the family she had entrusted the horse with and that's why she was agreeable. You selling it off to someone else is not the same thing. You and your sister should have been maintaining the horse, you're using it, the owner doesn't need to pay you back for the maintenance and care. You got the priviledge of using the horse, you maintain it's needs. I'd return the horse and suck it up, if you've never been in a position to have leased a horse or let someone borrow it then find the horse fell into the wrong hands, you'll never know what that feels like. I'd return the horse, and offer to put the new boy's family and the horse owner in touch with each other and see if they can work something out amongst themselves. |
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 Forever Young
Posts: 6768
Location: relocated to Texas | LRQHS - 2014-01-28 7:38 AM My opinion, from what I've read, is that the horse should go back to them as per the initial agreement. I don't think they want you making money off of a horse that they gave away with conditions. That's probably how they are looking at it.
Agree. They gave the horse with conditions and let your sister have a family member ride/keep it. This is more moral than legal. You knew the deal when you got involved with the horse, so did your sister. You shouldn't make agreements that you are not willing to keep. They gave the horse in good faith, give it back to them or continue to use it as was agreed. You and/or your sister have had use of it free for 3 years. If you made it better by riding it, well that is part of the deal. You shouldn't get involved in deals like this if you are not willing to follow through. JMHO |
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 Cute Little Imp
Posts: 2747
Location: N Texas | Tilt The Kilt - 2014-01-27 8:43 AM
You gave your sister money for the horse so she could buy another. Â You didn't buy it from the previous owner. Â Perhaps the owner was happy the horse was staying in the family she had entrusted the horse with and that's why she was agreeable. Â You selling it off to someone else is not the same thing. Â You and your sister should have been maintaining the horse, you're using it, the owner doesn't need to pay you back for the maintenance and care. You got the priviledge of using the horse, you maintain it's needs. Â I'd return the horse and suck it up, if you've never been in a position to have leased a horse or let someone borrow it then find the horse fell into the wrong hands, you'll never know what that feels like. Â I'd return the horse, and offer to put the new boy's family and the horse owner in touch with each other and see if they can work something out amongst themselves. Â
I agree with this. They were probably fine with you having the horse because it was still in the family. They probably assumed you were borrowing the horse, not purchasing it. I don't think it's right for you to make them pay for the horse when it was given to your sister for free. I sure as heck wouldn't want to buy my horse back when I gave it away for free. |
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 Fact Checker
Posts: 16572
Location: Displaced Iowegian | Hollywood's Fan - 2014-01-27 8:45 AM LRQHS - 2014-01-28 7:38 AM My opinion, from what I've read, is that the horse should go back to them as per the initial agreement. I don't think they want you making money off of a horse that they gave away with conditions. That's probably how they are looking at it. Agree. They gave the horse with conditions and let your sister have a family member ride/keep it. This is more moral than legal. You knew the deal when you got involved with the horse, so did your sister. You shouldn't make agreements that you are not willing to keep. They gave the horse in good faith, give it back to them or continue to use it as was agreed. You and/or your sister have had use of it free for 3 years. If you made it better by riding it, well that is part of the deal. You shouldn't get involved in deals like this if you are not willing to follow through. JMHO
Edited by NJJ 2014-01-27 8:55 AM
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Elite Veteran
Posts: 653
Location: Quinlan, TX | Ok let me re-phrase.....I was not aware that the horse was given to my sister with any conditions until this past weekend. I knew that the horse had been given to her after the death of her mare. Had I known that there where any conditions I would NOT have paid any money for this mare. Yes I am aware my sister should have let me know she was to be returned if she ever wanted to get rid of her......which is why she asked if my son could be her new owner. I do not want anyone thinking I do not follow through with conditiond I agree to......thats not the case. There has been a major lack of communication on my sisters part...... |
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 "Drank the Kool Aid"
Posts: 5496
Location: Iowa, LA | chrissyfouse - 2014-01-27 9:00 AM Ok let me re-phrase.....I was not aware that the horse was given to my sister with any conditions until this past weekend. I knew that the horse had been given to her after the death of her mare. Had I known that there where any conditions I would NOT have paid any money for this mare. Yes I am aware my sister should have let me know she was to be returned if she ever wanted to get rid of her......which is why she asked if my son could be her new owner. I do not want anyone thinking I do not follow through with conditiond I agree to......thats not the case. There has been a major lack of communication on my sisters part......
Yep! Sounds like your sister never should have accepted money on a horse she did not own! |
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Cute Little Imp
Posts: 2747
Location: N Texas | chrissyfouse - 2014-01-27 9:00 AM
Ok let me re-phrase.....I was not aware that the horse was given to my sister with any conditions until this past weekend. I knew that the horse had been given to her after the death of her mare. Had I known that there where any conditions I would NOT have paid any money for this mare. Yes I am aware my sister should have let me know she was to be returned if she ever wanted to get rid of her......which is why she asked if my son could be her new owner. I do not want anyone thinking I do not follow through with conditiond I agree to......thats not the case. There has been a major lack of communication on my sisters part......
Then your sister needs to give you your money back, and the horse needs to go to the original owner. Not cool on your sister's part. |
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Married to a Louie Lover
Posts: 3303
| Not trying to hijack, but I have a question that goes along with the topic.
My horse was given to me. I have "bill of sale" stating that the ownership is mine for $0 and I assume all liability and costs. It also states that if I ever want to sell him I give the previous owner right of first refusal. Does that mean right of first refusal for free since that's was I paid, or right of first refusal at list price? Since the bill clearly states I own the horse, not a lease situation.
I'm fairly certain the previous owner wouldn't want him back, but my concerns would be that he couldn't give him an adequate home since that's how I got him - looking like crap and needing groceries because the guy didn't feel like paying for feed and board.
Just curious how others would see that situation playing out.
To the OP: since it was verbal I'm not sure legally what the reprocussions would be as you've got possession and have been taking care of the mare. Morally I think perhaps you should send the horse back. I wouldn't want to spend a ton on court costs over a kids horse - there are others out there. |
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Hungarian Midget Woman
Location: Midwest | I would ask for your money back from your sister, but I'd also give the horse back to them
You know now what the story is... do the right thing, even if your sister didn't! |
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 Own It and Move On
Location: The edge of no where | Gunner11 - 2014-01-27 9:02 AM chrissyfouse - 2014-01-27 9:00 AM Ok let me re-phrase.....I was not aware that the horse was given to my sister with any conditions until this past weekend. I knew that the horse had been given to her after the death of her mare. Had I known that there where any conditions I would NOT have paid any money for this mare. Yes I am aware my sister should have let me know she was to be returned if she ever wanted to get rid of her......which is why she asked if my son could be her new owner. I do not want anyone thinking I do not follow through with conditiond I agree to......thats not the case. There has been a major lack of communication on my sisters part...... Then your sister needs to give you your money back, and the horse needs to go to the original owner. Not cool on your sister's part.
^^^ This ^^^ |
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Shipwrecked and Flat Out Zapped
Posts: 16390
Location: DUMPING CATS AND PIGS IN TEXAS :) | Now that you know the story, you should give the horse back and deal with your sister.
I don't think that you have any reason to need Texas Equine Law. |
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Elite Veteran
Posts: 653
Location: Quinlan, TX | I really appreciate everyone's opinion's!! |
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Hungarian Midget Woman
Location: Midwest | chrissyfouse - 2014-01-27 9:18 AM
I really appreciate everyone's opinion's!! Â
Kind of a sucky situation your sis put you in
I'd be kicking her butt |
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Elite Veteran
Posts: 653
Location: Quinlan, TX | barrelracr131 - 2014-01-27 8:20 AM chrissyfouse - 2014-01-27 9:18 AM I really appreciate everyone's opinion's!! Kind of a sucky situation your sis put you in I'd be kicking her butt
Yeah it is....but at the same time she was 18 and I should have asked more questions.....lesson learned tho. |
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| Why should they have to BUY back from anyone a horse that they GAVE away(loaned out actually) with conditions? That defies common sense and common decency. I'm appalled that anyone would even think that was right. These people were very clear about their end of the deal in being generous enough to let your sister have the horse and then share with your son....they've been beyond generous. Bucker or not, they could of gotten something for the horse probably...if he was that bad your sister or your son neither one of would of wanted him. So what that you paid your sister for the horse? Hasn't your son more than gotten your money's worth of enjoyment time with the horse? I say that because a horse that a child can ride and bond with is PRICELESS. Your wrong on how you are thinking about this and your wrong if you think you can post such a story as this and not get flamed. You need to do the right thing and not ask for support from board buddies to make you feel like you are doing the right thing....cause you're not. :(
You can deal with your sister as you see fit that's between you and her not the original owners. You're question should of been how to deal with your sister.
Edited by runs4fun 2014-01-27 3:46 PM
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 A Somebody to Everybody
Posts: 41354
Location: Under The Big Sky Of Texas | NJJ - 2014-01-27 8:54 AM Hollywood's Fan - 2014-01-27 8:45 AM LRQHS - 2014-01-28 7:38 AM My opinion, from what I've read, is that the horse should go back to them as per the initial agreement. I don't think they want you making money off of a horse that they gave away with conditions. That's probably how they are looking at it. Agree. They gave the horse with conditions and let your sister have a family member ride/keep it. This is more moral than legal. You knew the deal when you got involved with the horse, so did your sister. You shouldn't make agreements that you are not willing to keep. They gave the horse in good faith, give it back to them or continue to use it as was agreed. You and/or your sister have had use of it free for 3 years. If you made it better by riding it, well that is part of the deal. You shouldn't get involved in deals like this if you are not willing to follow through. JMHO
This^^^ I would give this horse back. |
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 Shelter Dog Lover
Posts: 10277
| Think of it like this, if you loaned a car to someone and they refused to return it you can report it as stolen even though you know where the vehicle is. I agree, it should not have progressed to the point where they had to threaten to bring the law into it to get their horse back. Once the owners explained the situation to you, the horse should have been immediately returned. |
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