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  Discussion on Fraud on sale of mare?
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Posted on Monday, Aug 7, 2000 - 7:11 pm:

In Feb. of this year I recieved a call from another horse owner in my area. I had shown interest in her horse in the past and she wanted to know if I still wanted her. I went to see the horse and talk about it. Upon arriving at her barn and seeing her horses, I was horrified. All of her horses were terribly thin. I didn't want to take on a problem animal, but my heart bled for these animals so I took the Mare home on a trial basis. After a month, the Mare was in great health and had put most of her wieght back on. I took it slow and careful in feeding her. I didn't want anything to happen after being starved for so long. With very little feed, she bloomed. I then had her vet checked and agreed to buy her. We came to an agreement on the price of the horse and I made payments on her. I know I got her at a steal of a price because of her condition and because the owner needed the money if she was to keep and feed her other animals. When we agreed on the price, she said it included the mare's registration papers. Because I made payments, I allowed her to keep the papers until the horse was paid in full. Upon going to her house to give her the last payment of $200, I asked for the papers. She said that she had to look for them and I told her that was fine, but I would hold my last payment until she gave me the papers. She said that was fine. After a month she still had not gotten me the mare's papers. I asked her if maybe she had lost them when she last moved. She then told me that she did not have the papers. She had bought the mare and a weanling from another party about 2 1/2 yrs. earlier and still owed them the money for the horses. I have tracked down the name of the last owner (without help from the other person, she wouldn't give me any info. on who had the paper's and I found them because I knew the mare's reg. name), but They are reluctant to sell the papers to me because there is still a large amount owed on the animals bought as a pair. What can we do to get me the papers and the other party their money? They don't think they can repo just the one horse because they were sold as a pair. I am at a loss. This really cuts the value of the horse and I have relucantly offered the horse back to the party that sold her to me, but she won't be able to refund my money, so I have to keep the mare or be out big! I would like to get this horse a good home where she can be put to good use, but I don't want to sell her on again without getting her papers. Any ideas? I've tried being nice, but it got me no where.

Posted on Tuesday, Aug 8, 2000 - 11:35 am:

Hi Angela,

I'm at a loss, because I'm not sure how the legal system works in the US for cases like this. I would contact the registry (e.g AQHA for quarter horses) and ask for advice. This can't be the first time that this has come up. My thoughts are varied and I can see some diff't scenarios:
1. your horse is repo'd by the original owners and you have to sue the person who sold her for the price you paid.
2. you work out a deal with the holders of the papers
3. you get a mediator to sit with all three people and try to work it out
4. contact a lawyer and have her/him send out a letter requesting either the papers or a refund of the money.
5. you let it all rest and be happy that you rescued a horse.

good luck,

let us know how it works out.

Teresa

Posted on Tuesday, Aug 8, 2000 - 12:12 pm:

Do you have a bill of sale?

I would get legal advice before paying for anything else. If you work out a deal for the registration papers with the orginal owners, there may be some question as to who has what unless they sign something relinquishing all claim, so you'd want an offical document with their signatures.

I could also see where you might file a formal complaint to any horse regulatory body (AHSA, breed registry, etc.), your state's better business bureau and notify the SPCA about the remaining animals. Again, do this with the advice of legal counsel to avoid any legal rebound.

What a mess. I have to say I have heard so many horror stories about selling horses with conditions. I think I will never buy or sell conditionally, on trial, on payment plan, etc.

Hope you get this sorted out.

Posted on Wednesday, Aug 9, 2000 - 7:51 pm:

I did call the regiserty, and they gave me the name of the listed owners of the mare (the poeple who have the mare's papers). After talking to the woman for quite sometime we agreed to act as if we had not talked. I called the lady I purchased the horse from to ask again about the papers, and the other lady sent her a 10 day demand letter asking for payment in full. I have not heard back from the lady who sold me the horse. She is avoiding me, but the other lady recieved a call saying that the money is comming. Now I know this lady well enough to know that she always says that to bill collectors, so I'm not holding my breath on that one, but one has to hope. I have offered to pay the other lady for the papers, but I would either have to pay much more than I had bargained for or she would have to loose alot of money and take a loss on the horse, so we are at a stand still on that at the moment. I just hope that the one pays of the other so I might get the horse's papers. I'm fine with knowing that the horse is in good hands now, but I would like to get her to a home where someone has more use for her and that's why I would like the papers. It will make her all the easier to find her the right home and make her worth more to the person who wants her. Plus she has extreamly good bloodlines in the hands of a responsible breeder. I do hope to avoid having to take any legal action on this, but sometime it can not be helped. It takes one irresponsible person like this one to ruin it for all!!
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