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  • horse repo info Oklahoma

    A lady friend of my wife bought a 400$ horse at 100$ down and 50 $ per mo. from an individual. The horse owner claimed it was well broke, and appeared to be so the day she bought it. However, in the days following the horse began to buck. the buyer notified the seller and refused to pay anymore on it. The seller said he would repo the horse if she didnt pay. Buyer agreed to this. However the owner has not done this, and has left the horse with the buyer for 2 weeks now, letting her bear the cost of hay and feed. How can she get rid of the horse? Owner has threatened suit if she sells it.

  • #2
    A horse of a different color?

    Originally posted by User-Oklahoma View Post
    A lady friend of my wife bought a 400$ horse at 100$ down and 50 $ per mo. from an individual. The horse owner claimed it was well broke, and appeared to be so the day she bought it. However, in the days following the horse began to buck. the buyer notified the seller and refused to pay anymore on it. The seller said he would repo the horse if she didnt pay. Buyer agreed to this. However the owner has not done this, and has left the horse with the buyer for 2 weeks now, letting her bear the cost of hay and feed. How can she get rid of the horse? Owner has threatened suit if she sells it.
    Was anything written down as to the disposition of the horse and the arrangements for payment?

    The question that begs to be asked is, why doesn't she just take the horse back?
    It sounds like what the former owner is doing by taking his time to go get the horse could be out of spite and what she wants to do with the horse could be out of spite as well, which would not relieve her of her obligation to pay for the horse unless she could prove in Court that the owner had deliberately misled her as to the condition of the horse.
    So yes she could very well find herself in being sued.

    .._________________
    ~ There are three kinds of people.
    There are the ones who learn by reading,
    the few who learn by observation,
    and then there are those who have to pee on the electric fence
    and find out for themselves.

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    • #3
      Was there any written contract/agreement in regard to this sale - it would have to be read to see what it says (if anything) re returning the horse if not as claimed (ie broke) or if sale was as is (accept horse as is - no returning).

      Otherwise, the buyer can try taking the previous owner to small claims court claiming the horse was not broke as told it was. Buyer can try suing for money paid for horse so far + money for hay/feed.

      Or --- Is there any way the buyer can take the horse back to the previous owner herself & let it go at that?
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        Neaver look any horse in the mouth, ya might get bit...

        Originally posted by Betty3 View Post
        Was there any written contract/agreement in regard to this sale - it would have to be read to see what it says (if anything) re returning the horse if not as claimed (ie broke) or if sale was as is (accept horse as is - no returning).

        Otherwise, the buyer can try taking the previous owner to small claims court claiming the horse was not broke as told it was. Buyer can try suing for money paid for horse so far + money for hay/feed.

        Or --- Is there any way the buyer can take the horse back to the previous owner herself & let it go at that?
        Kinda like buying a used car.....
        BTW, I'm no cowboy but $400 bucks doesn't sound like much of a horse.
        Last edited by drruthless; 02-06-2012, 01:13 PM.

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        • #5
          PS to my post above: She can't sell the horse. She would have to pay off the full amt. to the owner before the horse is hers to sell. She can return the horse to the owner "if possible" - the owner has to have his money (before she can sell it) or he has to have the horse returned to him.
          Last edited by Betty3; 02-06-2012, 01:34 PM.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment


          • #6
            Originally posted by Betty3 View Post
            PS to my post above: She can't sell the horse. She would have to pay off the full amt. to the owner before the horse is hers to sell. She can return the horse to the owner "if possible" - the owner has to have his money (before she can sell it) or he has to have the horse returned to him.
            It was a verbal agreement. He really doesnt want it back because its a stud and he has mares he doesnt want bred. Another reason he isnt picking it up. It recently matured. My wife, a racehorse trainer, believes the horse was given banimine to sedate it when she bought it, but no way to prove it. If buyer returrns it and seller refuses to accept it, what then?
            I

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            • #7
              It was a verbal agreement. He really doesnt want it back because its a stud and he has mares he doesnt want bred. Another reason he isnt picking it up. It recently matured. My wife, a racehorse trainer, believes the horse was given banimine to sedate it when she bought it, but no way to prove it. If buyer returrns it and seller refuses to accept it, what then?

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              • #8
                If it is tied to his gate, he has no choice.

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                • #9
                  Originally posted by GotSmart View Post
                  If it is tied to his gate, he has no choice.
                  so he can still sue, but he can't refuse the horse? (buyer isnt demanding anything back or feed bills)

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                  • #10
                    Caveat emptor

                    Originally posted by User-Oklahoma View Post
                    so he can still sue, but he can't refuse the horse? (buyer isnt demanding anything back or feed bills)
                    Yes he can refuse to take the horse back.

                    WHO has the horse is not the issue here.
                    Payment for the debt is, and it appeares that he doesn't want the horse back, it is within his rights to sue for that payment as it is within your wifes friends rights to counter sue.
                    Unless those two can settle this out of court this could wind up being one expensive horse trade!
                    ..______________
                    ~If electricity describes the movement of electrons,
                    does morality describe the movement of morons ?
                    Last edited by drruthless; 02-06-2012, 06:34 PM.

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                    • #11
                      Anyone can sue anyone else at any time for any thing but that doesn't mean they will win. He can try suing for the additional payment saying it was agreed all sales were final. Buyer could sue/counter sue saying the horse wasn't as she was told (broke) & wants her money back + what she put out for hay/feed. The judge decides who wins what.

                      If the horse was just left at his place, I guess he would have to accept it. However, he could still sue saying he doesn't want the horse - wants full payment for the sale.
                      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                      Comment


                      • #12
                        Not so sure about that...

                        Originally posted by Betty3 View Post
                        Anyone can sue anyone else at any time for any thing but that doesn't mean they will win. He can try suing for the additional payment saying it was agreed all sales were final. Buyer could sue/counter sue saying the horse wasn't as she was told (broke) & wants her money back + what she put out for hay/feed. The judge decides who wins what.

                        If the horse was just left at his place, I guess he would have to accept it. However, he could still sue saying he doesn't want the horse - wants full payment for the sale.
                        Yes, she could just drop the horse off and drive away, but remember, this is the kind of a guy who would sell a doped up horse, and people who would dope a horse are right up there with horse thieves.
                        Should anything happen to that horse and animal control gets involved, I'll bet you dollars to donuts the first words out of his mouth will be, I sold that horse, you need to go talk to the lady who bought it.

                        Trust me, I've lived there, Oklahomans take a very dim view of people who mistreat horses.
                        They both could wind up getting charged with animal cruelty.
                        Last edited by drruthless; 02-06-2012, 08:01 PM.

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                        • #13
                          I was just saying, like GotSmart said with his face, that if it is left he is going to have to "take it back." I don't mean take it in the middle of the night & drop it off w/o the "prior" owner knowing it is being left but take it back since he isn't coming to get it. Let him know you are bringing it back since he hasn't come for it & leave it with him.

                          I do agree that probably isn't the best option & could cause her some problems unless the owner is willing to "repo" it but just doesn't want to bother to go & get it himself.

                          He can still sue no matter what, even if the horse is left with him, as I said previously if he didn't want the horse back.

                          Poor horsey.
                          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                          Comment


                          • #14
                            Originally posted by Betty3 View Post
                            I was just saying, like GotSmart said with his face, that if it is left he is going to have to "take it back." I don't mean take it in the middle of the night & drop it off w/o the "prior" owner knowing it is being left but take it back since he isn't coming to get it. Let him know you are bringing it back since he hasn't come for it & leave it with him.

                            I do agree that probably isn't the best option & could cause her some problems unless the owner is willing to "repo" it but just doesn't want to bother to go & get it himself.

                            He can still sue no matter what, even if the horse is left with him, as I said previously if he didn't want the horse back.

                            Poor horsey.
                            Oh, I know that...
                            It's not like you could stuff em in a basket and leave em on the door step.
                            It's just that in some parts, people who dope horses are seen as something you'd scrape off the bottom of your boot after a walk in a dog park,
                            ....ya gotta watch yer step every inch of the way.

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                            • #15
                              Originally posted by drruthless View Post
                              ....ya gotta watch yer step every inch of the way.
                              Yep, most likely so.
                              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                              Comment

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