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  Discussion on Horse on trial, can't get him back
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Member:
Kiwi

Posted on Sunday, Jul 17, 2005 - 9:27 pm:

okay, to make a long story short, I sent my horse away for consignment with a local person who has a good reputation. She finds a potential buyer several states away who comes with her horse trailer to look at the horse. I called consignor before the arrival of the perspective buyer and told her to secure a certified check for half of the amount of the horse and a guarentee to return the horse at the end of the week trial. Perspective buyer does not ride horse (it was raining) but decides to take horse anyway and leaves a personal check for half the amount, proof of insurance and a signed contract for a trial for a week. Consignor calls me to tell me that horse left, but was lame, because he stepped on a shoe. Thought it was minor and decided to send him anyway without consulting me. Perspective buyer takes horse several states home, shows the horse the following day at a horse show, then has the vet do a prepurchase exam where he fails because he is lame on the foot that he lost the shoe. Buyer still likes him and says that she will treat foot for abscess for a couple weeks and retry him again. I'm very hesitant since the horse is lame and several states away, and a personal check, but I TRUST my consignor and give him two more weeks. Meantime, buyer is taking horse to show and winning (although he is lame!) Vet is scheduled at the end of two weeks, but has a funeral and needs to be postponed till the following week. Following week arrives and horse is still lame in foot. Buyer still wants him but will not buy a lame horse. I said "Okay, send him back!" but buyer says she is too busy with horse shows and could be awhile and consignor says its my horse, my problem. She will go get him, but it will cost me. Added on the fact, I was leaving for a week vacation that day. Agreement was made to lease the horse for a fee and transfer real money into my account ( I found out that the check was no good but according to the consignor, this is standared practice in selling horses-good faith personal checks.) Day of money transfer, buyer calls and says she has a funeral and can't do it till Monday. I force the issue with a threat that I'm coming up to get the horse, she finds time to go to the bank. I draw up a contract where she leases the horse for a month for a fee and has a security deposit that will be returned if she does not want horse. At this time, I politely tell consignor that I will be handling sale since this has gone far enough. Month goes by and consignor calls to tell me that she made contact with seller about horse. Informs me seller had xrays taken on the horses feet to find navicular in one foot. It "is the worst xrays that her top vets in the US have ever seen!" Granted horse is NOT lame, does not test positive to testers and had been winning at every show. Consignor tells me buyer has fell in love with horse (it was a resale prospect for her) and will "take him off my hands" for 1/3 the asking price. Consignor tells me that this is the best deal I will ever get with a horse with navicular and I should take the money. I finally lost my cool and said NO WAY! Send the horse home! Consignor again says, its my horse, my responsibility to bring horse home, buyer says the same thing, claiming that she spent money on shoeing, boarding, training, etc, etc, etc, and I owe her! I have two signed contracts stating that she was responsible for the horse as well as returning. I pushed the issue and she finally relented. Now we are at this weekend. Horse was supposed to be on a transport home. I call buyer and ask for particulars, she says it didn't work out. She'll try again for Thursday. I'm about to lose my mind! And she is leaving for a horseshow for two weeks! I could go get him myself, but they won't release him without the good faith deposit that she wired into my bank account and I'm afraid that he might be lame, crippled etc and I have no financial recourse. Also, I feel it is her responsibility to bring horse home since she was so willing to take him with her on trial. I'm afraid this is bordering on horse theft. Any suggests?
Member:
Sr26953

Posted on Sunday, Jul 17, 2005 - 10:09 pm:

Here is my opinion. Get the horse returned to you, ASAP. Get a lawyer to contact the person in possession of your horse. Best is you have a friend who is a lawyer just call and pen a letter demanding return of the horse for breach of contract and unlawfull possession. That should do the trick unless you are dealing with an outright thief. If she is a member of an Association, like USEF, threaten to write a letter documenting her behavior. I would write one on the consignee as well. Look over your contract and see what the terms of consignment were. Sounds like she has violated them and wrongfully put the responsibility for the horse back on you when she was the one in control. Good Luck and keep us posted.

Suzanne
Member:
Jojo15

Posted on Sunday, Jul 17, 2005 - 11:48 pm:

This is why i am so afraid to sell my horse to anyone not local. Seems like a tire kicker to nth degree. And tried to pull a fast one on you. but you weren't stupid. I feel the good faith money is well spent if YOU have to drive up and get your horse. And i would consult with a lawyer on the way. Or before if you're level headed. Personally i would go up, get the horse, (you have the papers on him) and take your chances. They are pulling your leg. C'mon take the horse off your hands for 1/3 of the price? with navicular? puleese.
It's YOUR horse, go get him....

Also, once you get your horse back in the future i suggest pulling xrays, for future buyers.
Member:
Kiwi

Posted on Monday, Jul 18, 2005 - 6:17 am:

The only problem with getting him is that I don't know if he is really there! I have a physical address of the barn where he is being stabled at and a phone number but when I call, I never get an answer or a machine. The buyer has a separate address and telephone number as well. I was told by the consignor that this is fairly standard practice when a horse goes on trial. I was leery about the whole situation but felt the consignor knew what was going on, boy, was I wrong! Lesson learned...never, ever, never let a horse go out on trial unless you have full payment for animal in the form of cash and establish penalty fees for days the animal is being kept over the trial period. Or better yet....NO TRIALS! This is too bad because I understand why people would want them but it is because of people that I dealt with makes me distrust the horse world even more. For those considering...beware...all I want is my horse back and that is becoming a far fetch dream!
Member:
Annes

Posted on Monday, Jul 18, 2005 - 10:47 am:

What about law enforcement in the city/state where the horse is? Hopefully, they can locate the person and track down your horse. A warrant might get their attention! I would not stand for this. The horse may not even be cared for and it could be an abuse case as well.
Member:
Hwood

Posted on Monday, Jul 18, 2005 - 11:12 am:

Kiwi,

Suzanne's suggestions sound reasonable and effective. Please ask a lawyer's advice. The following is the web site of an equine lawyer who has helped me with some of the lease and release agreements we have had to design for the ranch. She may be able to give you other advice.
www.equinelegalsolutions.com

Your experience is frightening. I hope to hear that your horse is back with you soon.
Member:
Rose15

Posted on Monday, Jul 18, 2005 - 8:46 pm:

Kiwi....I agree with the other posts, my trailer would be hooked up and I would be on my way to pick up my horse. It is a good idea to consult an attorney so you don't run into any legal problems but at this point your horse has been in another person's hands for too long. Perhaps the x rays are accurate or maybe they are not I would want my regular vet to go over the x rays to get his opinion. But the most important thing is to get the horse back in your possession, if the buyer wants the horse at the agreed upon price fine, if not he's going home.
Member:
Roberts

Posted on Tuesday, Jul 19, 2005 - 12:52 pm:

There are several complicated ways to get your horse, while in most states at least the trial buyer is not guilty of horse thievery, they probably are liable for conversion based on the expiration of the trial period without payment or return of the horse. You could file a complaint with their county District Attorney, or file a small claims action in your home county (contract dispute; transaction locus is your home, etc.) and make them come to defend themselves, get a judgment etc. The consignor would be a co-defendant especially if she was going to get a cut of the money, a commission. BUT--the simplest would be to have a competent attorney draft a letter laying out these options and requesting a pledge to return the horse on a day certain within 2 weeks or whatever, send the letter (copies) registered, certified, and first class. You want the person with the horse to get it, quickly, that you aren't going to mess around, you are serious about the price, and it will be easier for them to get the horse back to you post haste than to certainly deal with the legal and financial consequences. I think you can save a lot of time and money by a good letter from an attorney.
Best of luck, what a nightmare--
Sharlene
Member:
Chrism

Posted on Tuesday, Jul 19, 2005 - 2:13 pm:

Well, I think you've been abused.

I'd tell the "buyer" that the next communication would be from your lawyer if the horse was not returned by x day. I would back up my phone conversation of this fact with a certified letter.

Then I'd go to the lawyer for "official" notification. This is the kaching that your buyer would likely want to avoid.

This is why, 1) I would only buy/sell with a sales contract, 2) the horse would not leave the property without a bank check in hand, and 3) I'd only consign with someone I knew and trusted very, very well - likely I'd sell my own horse.

What a mess. I hope you are able to sort it out.
Member:
Dwinans

Posted on Thursday, Jul 21, 2005 - 3:59 pm:

I would recommend doing something quickly. From my experience the longer you leave things, the more complicated it gets.

My bad experience is with the consignor. I thought he had a good reputation but learned very quickly otherwise. He sold my horse to an out-of-state buyer and he told me that he was waiting for the payment; months later he finally told me that he had received the payment but that he spent the money and no longer had it. He would get it to me as soon as he could. 2.5 years later he is still promising to get me my money. Unfortunately, stupidly, I didn't get anything in writing so my money's gone.

Lessons learned...
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