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Thread: horse repo info Oklahoma

  1. #1

    Default 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.

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    Exclamation A horse of a different color?

    Quote 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.

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    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

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    Cool Neaver look any horse in the mouth, ya might get bit...

    Quote 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 at 02:13 PM.

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    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 at 02:34 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

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  6. #6

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    Quote 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

  7. #7

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

  9. #9

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    Quote 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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    Lightbulb Caveat emptor

    Quote 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!
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    Last edited by drruthless; 02-06-2012 at 07:34 PM.

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    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.

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    Lightbulb Not so sure about that...

    Quote 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 at 09:01 PM.

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    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.

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    Quote 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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    Quote 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.

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    [QUOTE=Betty3;1173141]Yep, most likely so.[/QUOT

    I asked him about returning the horse. He won't accept it back as he is afraid it will breed his mares and it costs $125 to have it gelded. Seems to me the best solution is for her to try and sell it and then pay him off.

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    Or pay him off first & then try to sell it.

    (The reason I said that is if it takes a while to sell the horse & then pay the prior owner, the prior owner may not want to wait that long for his money.)
    Last edited by Betty3; 02-07-2012 at 01:28 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.

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    Quote Originally Posted by Betty3 View Post
    Or pay him off first & then try to sell it.

    (The reason I said that is if it takes a while to sell the horse & then pay the prior owner, the prior owner may not want to wait that long for his money.)
    In that case she says she will let him sue since he lied about the horse.

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    I just want to say good luck to her & I hope things work out ok whatever she decides.
    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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    Quote Originally Posted by Betty3 View Post
    I just want to say good luck to her & I hope things work out ok whatever she decides.
    Thanks Betty3! Wife says this happens frequently especially at horse auctions, where unscrupulous folks will sell problem horses that have been drug "gentled" and even sold as kid-gentle.

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    That's too bad but I guess I'm not surprised.
    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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