VP2009
Active Member
The witnesses on their part were the trainer and the trainer's other half. Thanks for your replies "striker".
Advice needed in regards to a Non Racing Agreement please
- Thread starter VP2009
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zaminda
Well-Known Member
Who was your witness? I would agree that they have probably ticked the box afterwards, and it certainly sounds like they haven't made you aware of the clause. Good luck.
VP2009
Active Member
Just a non horsey friend
honetpot
Well-Known Member
VP2009
Active Member
Yes that is the thing I have signed.
be positive
Well-Known Member
I would contact Weatherbys, the contract seems to be clear in that the horse cannot be passed on without the consent in writing but I suspect that Weatherbys will consider the circumstances and that by with holding consent the trainer is not acting correctly or in the best interests of the horse, the clause is not very well written in that it is just popped in at the bottom and is easily ticked after a buyer has signed which is not fair if that is what was done to you.
It really needs to be looked at by Weatherbys and made clearer for the buyer to see at the time of purchase not just a box that can be ticked later, if they are difficult I would be pointing out that it could have been done after you signed and that could make the whole form void.
It really needs to be looked at by Weatherbys and made clearer for the buyer to see at the time of purchase not just a box that can be ticked later, if they are difficult I would be pointing out that it could have been done after you signed and that could make the whole form void.
zigzag
Well-Known Member
Just read the form, does your copy have a tick? because you should have a copy
VP2009
Active Member
I have a photocopy but the tick was put in place after I had signed and sent it back to them. I think I wrote that in my original message 
be positive
Well-Known Member
Just another thought, if you have a photo copy rather than an original it may be the tick was done later and it is not on the copy that Weatherbys have so you would not require the written consent anyway, worth checking.
honetpot
Well-Known Member
I do not see how it can be legal, and because it to stop people racing horses registered you would not be breaking the terms of the agreement. If it is enforceable it is restricting free trade and counter productive because why would you want to the invest in the education of a horse when you have no chance of recouping that outlay if the horse is not suitable.
If they say they want the horse back and do not want to pay you that is blackmail, I would only use e-mail or letter in any negotiations and try Citizens Advice as well as the BHS.
If they say they want the horse back and do not want to pay you that is blackmail, I would only use e-mail or letter in any negotiations and try Citizens Advice as well as the BHS.
VP2009
Active Member
Sorry I think I misunderstood you. I was sent an original copy in the post which I then signed, sent back to them, they sent it to Weatherbys and I had one returned to me along with the passport stamped out so she couldn't race. And the one I received back had a tick on. Didn't think to check it at the time.
VP2009
Active Member
Yes I have only sent them a few messages and have now ceased contact as didn't feel I was getting anywhere and didn't want to dig myself into a hole or anything. Sorry I don't mean to sound think but please can you elaborate a bit more on what you mean as I'm not really up to speed on all the legalities and my rights etc.
zigzag
Well-Known Member
I have a photocopy but the tick was put in place after I had signed and sent it back to them. I think I wrote that in my original message
Who sent the form back to you, the trainer or Weatherby's? If it's Weatherby's you will have a hard time proving it wasn't ticked when you and your witness signed
bonny
Well-Known Member
I would just sell the horse, seems crazy that form they signed and if you bought the horse I would consider her to be yours to do with as you wish. No one would ever buy a horse with a stipulation like that and I see no reason why the original owner should have anything to do with her now. If they had wanted a say in her future they should have loaned her.
VP2009
Active Member
I agree but people are silly Do you know if there's any kind of trouble I can get in as obviously I don't want to bring bad things upon myself?
Do you know if there's any kind of trouble I can get in as obviously I don't want to bring bad things upon myself?bonny
Well-Known Member
Can't see what they can do and anyway you can offer them first refusal at whatever price you decide. Then it's up to them whether to have her back or not. If they say no then I would just sell her and ignore them.
VP2009
Active Member
Sorry, I was sent a blank form to fill in as someone posted a link to in previous comments. I then sent the form back to the trainers who then signed it, sent it off to weatherbys and a I received a photocopy back. I think they needed the form in order to stamp out her passport. When I signed and filled in the form there wasn't a tick and we didn't fill out the form together - if we had of done and they had ticked the box in my presence I would not have gone along with it as I wouldn't have wanted to trap myself like I have appeared to as circumstances can always change.
honetpot
Well-Known Member
The agreement is a
'The purpose of a Non-Racing Agreement is to provide an alert mechanism for an owner when they are selling/gifting their racehorse after it has been retired from racing and to prevent that horse from being entered to run in a race under the Rules of Racing.',
I think the bit about the owners consent was and add on and not legal but you would have to get someone who knows contract law to have a look at it to be sure.
'The purpose of a Non-Racing Agreement is to provide an alert mechanism for an owner when they are selling/gifting their racehorse after it has been retired from racing and to prevent that horse from being entered to run in a race under the Rules of Racing.',
I think the bit about the owners consent was and add on and not legal but you would have to get someone who knows contract law to have a look at it to be sure.
kez81
Well-Known Member
Did you make a copy of the original form yourself or just send it off? If you had a copy that showed you disnt tick the box you could prove its an added term you did not agree to. I feel for you OP but i do hope your situation shows others how important to make sure you always have a copy of anything legal that you sign and ideally make sure both parties sign together so no one can alter it after the fact. I do hope you can get this sorted.
VP2009
Active Member
Agree with you. And nope I didn't. Clearly far too excited about getting a new horse and trusted the people.
Spring Feather
Well-Known Member
Is there anything in the contract about giving the horse back free of charge? If not then it's a first refusal and the horse needs to be purchased back by the sellers. Do everything in writing is my advice, don't telephone them.
Spring Feather
Well-Known Member
No true. Many sellers want to safeguard the future of the horses they sell on. Many of mine have first refusal contracts on them and all my buyers whose circumstances have changed over the years have honoured this contract and contacted me to ask if I want to purchase the horse back, which I usually do. On my contract there is a clause whereby the horse will be bought back by me for the same price as the buyer paid. When the horse is back home again, we usually put about 6 months work back into it and then resell, again on a buy back contract. Just because people sell their horses has no bearing on the level of responsibility they feel for them forever more, particularly if the original seller is the breeder.
kez81
Well-Known Member
I would agree with others for you to seek legal advice but I am also reasonably confident that you are legally able to sell the horse under property law as long as you have proof of sole ownership. Will see if I can find a good info link for you.
Elf On A Shelf
...
If the form was sent to you by Wetherby's at the owners request, not sent to you from the owners themselves then the form will have been completely blank. So ticks, no marks, no nothing! A fresh crisp blank form to fill in! In which case the trainer has ticked the box without your knowledge. If so then they don't have a leg to stand on as this wasn't discussed nor agreed with you prior to your signing of the agreement.
If the form was sent to you from the trainer and you don't remember seeing a ticked box or not then there's not much to go on and I would suggest seeking legal advice.
As to the photocopy - Wetherby's keep the original and send copies to both parties.
If the form was sent to you from the trainer and you don't remember seeing a ticked box or not then there's not much to go on and I would suggest seeking legal advice.
As to the photocopy - Wetherby's keep the original and send copies to both parties.
Mongoose11
Well-Known Member
Give them an option to purchase her back for what you paid. If they choose not to then they are also breaking their responsibility in the agreement, surely.
AmyMay
Situation normal
Then sell her.
Although it seems a shame not to offer the trainers first refusal, as they seem to have her best interests at heart.
bonny
Well-Known Member
If you read back I said to offer the original owners her back at the price she wants now, I think that would be fair in the circumstances and if they say no then sell her to whoever wants her....my point was that they can't expect to just have the horse back for nothing because they once owned her ! No one surely would agree to that ?
minkymoo
Well-Known Member
If this was me and I had a friend who wanted the horse, I would give them the horse and ask them to pay me the value of the horse for the accessories if that makes sense.
From what I have read & understood above, you can't sell The Horse or dispose of her. It says nothing about giving her away. If you were to receive say £2000 (or whatever) for the tack, rugs etc, that is a different matter and nothing to do with the previous owner.
Not sure how sly that is, but they seem to be taking the P. Why you should give the horse back when you paid good money for it is beyond me.
I do agree that 14 months isn't a long time, but if she's not the right horse for you, she isn't however long you've had her.
Good luck, this seems very unfair!
Cowpony
Well-Known Member
Giving the horse away is disposing of it.
Cowpony
Well-Known Member
I do agree though that you should get legal advice. If you didn't agree to that box being ticked you shouldn't be bound by it. And telling you that you have to give the horse back for free is just a joke!