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New Member:
Byerazz

Posted on Tuesday, Jul 26, 2005 - 4:26 pm:

This past May we put up for sale a nice 4-h shown Appy mare. When I bought her I was told she had a coggins done and that it would be mailed. I had a gal come out and loved her but did not have cash right then so I showed her yet to another girl. She was 23 years old and she feel in love. She went home that night and brought back a deposit in the form of a check from her mother.
I never received the coggins so I made and appointment May 24 for my vet to come out. The girl knew I did not have a coggins in hand and that maybe there was one not done. She did not want to wait to have the coggins done so she asked my to cancel the appointment for they could pick her up Saturday May 21 and she would have one done at her house. I called my vet and checked on the law because in the State of Michigan horse need coggins test done. They told me to that she did not. I even called and double checked and was told the same thing. Because she agreed to pay for the coggins I gave her $30 worth of vac. for the mare.
A week after having her when I checked to see how things where going she said the mare was not settling down. All she was doing was running around like crazy. (She did not have any pasture buddy.) The next week she asked if I could help her sell her. I of couse said yes. If she was not happy with the horse I did not want her to have to be stuck with her. Then three week after I contacted the gal that wanted her and had the cash, the girl called and said "You are going to kill me Sarah, but we are going to give her a chance. Long story short. The follow week I get and officer from the State of Michigan Department of Agriculture (MDA) at my front door. The mother of the girl made a formal complaint against me for not having the coggins done. She calls me and says that they are going to exerice their right that I have to purchase the horse back and have the coggins done.
Well all the law states is that the horses has to have a coggins done before change of ownership though it does not say who needs to do it though I did pay for it.
The mother thought I was going to have to take this horse back. The officer told me know I do not have to unless the horse where to test positive. Another long story short. I still offered to help sell the horse. The daughter which let me remaining you paid for the horse and sign the agreement) has e-mailed and called me and said that she does not want to sell her but she does not understand what her mothers problem is. I never heard back from her until July 19 when she sends me another e-mail asking for my help because her mother is not going ot let her good back to college if the horse is not sold. Again I offer to help, even take the horse to my house to sell it. I never hear back so the next day I mail her back and ask if she got my e-mail.
Well then yesterday I get a letter from their Attorney pretty much saying rather than litigate this matter by filing and lawsuit against me for the return of the fund, they would just like to have the $1200 paid to date, and the horse returned. By the way this was a trained 4-h shown horse which was sold for $1200 (CHEAP, CHEAP, CHEAP). If I had the ash I would loved to of bought her back to ask more but my husband was deployed to Iraq and we are selling everything because of our fin. position.
At the bottem of his letter he states .
"}There is a serious question as to whether or not there has been a violation of the Michigan Consumer Protection Act in that you sold the horse and that you thought you may or may not have a coggins test performed on it, but obviously did not. The law requires that when someone sells something to someone else that all of these kinds of issues, especially regarding animals, be taken care of and documented."
I realize most of you are not from Michigan or lawy}ers but what do you think of all this. To me is seems like the mother was trying to get a way out but contacting the MDA and now is still trying to find a way out but scaring me with a Attorney.
What does everyone else think?
Member:
Mrose

Posted on Tuesday, Jul 26, 2005 - 5:19 pm:

Whose name is the horse in now? Didn't you say you sold it to the daughter? If the horse is in the daughter's name, what the heck does the mother have to do with it anyway?? Isn't it legally the daughter's and if there's a problem between mother and daughter, it's not your problem. That is IF the horse is in the daughter's name. Your dealings should be with the daughter and seems like you could work something out with her. Unless the horse is in the mother's name, she shouldn't have any say in the matter, to you anyway. She might say the daughter has to sell the horse, but that would be between mother and daughter and not involve you. I'm not sure about the Coggins bit. Would the vet sign something saying you did have an appointment for a test? If so, that might lend a little more credence to your case. Just my first thoughts re: this...and I'm sure no lawyer!
Member:
Chrism

Posted on Tuesday, Jul 26, 2005 - 5:37 pm:

Is there a sales contract? If so, what does it state?

Is the daughter of legal age? Who paid for the horse? Who owns the horse?

I guess I'd suggest consulting my own lawyer for advice.

Sorry you are having to go through this. If the horse is sound and good as new, I'd be tempted to take him just to find him a new home without a nutty mother - especially if he sold relatively easy.

Maybe someone with legal experience will chime in.
New Member:
Byerazz

Posted on Tuesday, Jul 26, 2005 - 7:10 pm:

The daughter signed the Bill of sale,and I am getting a report for the Officer from the MDA (Michigan Department of Arg.) He actually had to do a report and spoke with my vets office and everything. What they are trying to get me on is as he said. " There is a question as to whether or not there has been a violation of the Michigan Consumer Protection Act." I looked up this act and I tried to read it all but I never found anything to do with this type of sale. I think this is just way of trying to scare me to take the horse back.
New Member:
Byerazz

Posted on Tuesday, Jul 26, 2005 - 7:14 pm:

Christine,
The deposit was from the mother, the remain $1000 was by the daughter. The daughter also signed the Bill of Sale and she is 23.
Member:
Mrose

Posted on Tuesday, Jul 26, 2005 - 7:35 pm:

Taking the horse back might be the best and easiest way out of this; not that you have to under the law, perhaps, but because it might be cheaper and easier in the long run. And, it would enable you to resell the horse to someone without so many problems..maybe even for more money. It sound like you let her go pretty cheap.

From what you say, I'd think you'd only need to deal with the daughter, but think you should speak to a lawyer or lawyers aid that is familiar with your state's laws. I live out here in the "wild west." We just go get our gun out here!
New Member:
Byerazz

Posted on Tuesday, Jul 26, 2005 - 10:04 pm:

Taking the horse back is not and option.
Member:
Mrose

Posted on Tuesday, Jul 26, 2005 - 11:23 pm:

In that case, I'd talk with someone with some legal knowledge in your state; but, If daughter signed papers, etc. and she is of legal age, I'd think your dealings would be with her & not the mother, but check with someone re: the Coggins test and your responsibility there. The MDA and his report might be all the help you'll need. This mother does sound "bullying." Letters from attys. are an often used tactic.

If your husband is in the military, isn't there someone in his branch of the service that you can go to for advice? Back when my husband was in the Navy there were "legal beagles" that spouse's could go to for help with problems while their husband's were shipped out.
New Member:
Byerazz

Posted on Tuesday, Jul 26, 2005 - 11:58 pm:

Thank you I actually have talked with someone that someone knows the law and this Michigan Consumers Act is only for businesses. Thank you for all your help
Member:
Canter

Posted on Wednesday, Jul 27, 2005 - 8:33 am:

Sarah,
I think the violation the attorney may have been referring to is in the fact that the horse was transported without a negative Coggins. In MI, it's illegal to transport a horse without the paperwork (last year, when I moved my mare from one barn to a barn literally 3 miles down the road, I made sure I had the paperwork with the driver of the trailer). I am NOT an attorney, but it sounds like the lawyer is using this as a "loophole" with which to threaten you.

From here on out, until the matter is settled, if you aren't doing this already, make sure you document every contact with the daughter and the mother about this horse. In case this goes further legally, documenting their indecision may help you down the road.
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