Comments | equestrian: Legal question!!

wannaflyhye in equestrian

Legal question!!

Nov 16, 2013 17:08

I am in an equine partnership in South Carolina. There is no written contract nor agreement, only verbal conversations that were all mostly private with no witnesses. We purchased a horse in Feb of this year. We both signed the sale contract and the horse was paid for by her (my partner) with cash. The contract states the old owner has first buy- ( Read more... )

advice

Comments 8

lurath November 16 2013, 22:27:10 UTC

As an attorney myself (licensed in Oregon), I strongly suggest you contact an equine lawyer in your area (especially since there is a right of first refusal at issue). What exactly is the outcome you are hoping for?

wannaflyhye November 16 2013, 22:45:36 UTC

I cant really afford a lawyer right now. Does it cost anything for a consult? Like a 'for this price heres what i can do for you?'
I dont really know what i want. I have already laid claim to the free horse, which is mine with paperwork. But the other horse is large, can be dangerous, and this woman is not only scared of horses but cannot handle them. She just wants one 'to have a baby on the property'. She has had foals on the property before and after realizing that she could not handle them gave all the horses away unhandled and mostly wild.
I have put training and resources into the first horse as well, which i would not get reinbursed for.
I would love to get custody of both horses but that probably wont happen. And i know the former of the first horse would want the horse back if i am not involved with the horse anymore since she does not like nor trust the skills of my partner

lurath November 16 2013, 23:01:53 UTC

Most lawyers will require some money for the kind of consult you are asking for (because it includes legal advice). I'm not sure what prices range in your state, but they are usually anywhere from $150-500 an hour. Or you can look for a lawyer who has a set cost for short consults. I know I charge around $50 for a consult, and I'm pretty low-cost since I'm a relatively new attorney. That being said, it's totally okay to ask someone up front if they think they will be able to to give you advice up front and how much it would cost. Again, if you go this route look for someone with experience or knowledge in "equine law" specifically. There are some business transactions issues here, but only horse people really understand how gnarly contracts and partnerships involving equines can be :)

That being said, it's probably worth your while to discuss all the points you have here with your "partner". And think about how much money you are willing to put into a fight (and whether SHE would be willing to put money into a fight).

wannaflyhye November 16 2013, 23:11:04 UTC

She has a lawyer friend who would do it all for free, and she seems ready to fight. She will no longer speak to me and she has told me not to approach her (reasons unknown by myself, her lawyer friend, or her husband). When she began demanding paperwork from me i confronted her wherein she was verbally violent and went to the point of grabbing me and pushing me out of her way (no witnesses to the assault). So i told her i would not talk to her without witnesses anymore.
She has given me a 'deadline' until tomorrow (i have been out of town on my honeymoon until yesterday) and i must leave tge property by the 25th. I have signed no contracts agreeing to ANY of this.

regentlion November 16 2013, 23:29:56 UTC

Ok from what you've posted in comments, etc, it sounds like it is, unfortunately, a situation in which you should consult a lawyer.

However. In my reading/dealing with the horse world while "first right of refusal" is often put in contracts; as far as I know it is considered a courtesy not something actually enforceable, even if it is mentioned in a sale contract.

If I were in your position and reluctant to hire a lawyer, I'd strongly consider trying to get one horse and baby and be done. Obviously you'll come out 'short' but once you factor in lawyer costs to try to get more than 50/50, you may be even more behind.

I'd try to get the mare you preferred, let the old owner know that you're no longer in the partnership and that your parentership has dissolved and then wash your hands. Let the old owner fight the right of first refusal if she so chooses.

FWIW, I have asked for right of first refusal, and when offered, declined... and have also ignored it when selling a horse in view of the horse's best interest.

trigger_happy01 November 17 2013, 02:53:11 UTC

This is what I have been told as well. Actually, when I bought my mare, the seller told me she was putting a first right of refusal in the contract, but also stated that she was aware that it was not at all legally binding. Once you own the horse, you own the horse and can do as you see fit. However, it can vary by state and others have said, probably best to consult a lawyer if you have questions.

lantairvlea November 17 2013, 00:32:50 UTC

Whatever the final decision is between you, definitely get it in writing ( ... )

landrews November 17 2013, 01:26:32 UTC

Since you both signed the sales contract on the first mare, and one of you is keeping her, I don't think the 'first refusal' on resell matters in this case. If the previous owner did not wish for your partner to own the mare, then she should not have agreed to both of you being the legal purchasers on the sales contract. With nothing in writing, for the most part, and no money for a lawyer to present your paperwork to to prove ownership, I would take the mare (and the in-utero foal) you do own legally by yourself on the sales contract (which your partner has put cash money into, even if it wasn't an even amount) and run. Count yourself lucky to get away that easily ( ... )