First refusal? -long-

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Ahrena

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Weeeellll...

My sister has just sold her horse, he hasn't left yet but the sale has been agreed.

But I just want some advice on something.
My sister bought him from a lady who kept the horse at working livery at this riding school. For about 6 months we kept him there at working livery, and had to work for his keep. We moved him in the end because she kept breaking parts of the agreement and we had enough.

But she's now decided to sell him because her uni is getting on top of her and she wants to study further after her 3rd year which she's doing now. Anyway, earlier in the week I had a phone call asking his name, which I told the lady and then after hanging up it occured to me I should have asked why, but didn't think anything of it.

My mum just had a phone call from our old riding instructor who says it was in the working livery agreement that she would get first refusal if her was ever to be sold. We can't remember signing an agreement including that, but if we did, what would happen if she pursured it?

My mum told her he had already left (I think she's scared of her, and i don't blame her!), and she didn't threaten anything but if it turned out my sister did sign that in the agreement, what could happen if she decided to uphold it? Would the first refusal still count with him not being, nor ever being, been her horse? Could she also end up potentially forcing my sister to sell him to her by law?

I don't think she would pay the asking price, but we're just a little concerned, as we do NOT want him going back to that riding school, we can't remember signing that in the agreement (well my sister, I didn't and don't have anything to do with it) plus we no longer have a copy of the agreement?

Thanks

Edited: Just spoke to my sister and she says she did sign that, but the contract was terminated when we left. Would that mean the first refusal thing still stands or that got terminated with it?
 
Very much doubt you have signed anything of the sort - VERY odd clause to have in a working livery agreement anyway! Plus I doubt it would be worth the paper it was written on so sleep easy
laugh.gif
 
If the horse was still there then this might apply, however if you left because the YO had broken the terms of the contract then as far as I would be concerned you are no longer bound by it
 
Thanks!

I'd hate him to go back to that place for many reasons! I won't mention the name because then I'll probably end up being sued for slander but if anyone is interested feel free to pm me.

But basically, as we are hearing from various contacts who are still riding/working there, and apparantly (though I don't know how much truth this contains) there is a horse there who has a back problem (or is very uncomfortable anyway) and won't get the vet/back doctor out, and if she does, she said if it needs any time off then she'll just have it put down because she has too many out of work, she tried to sell a very unsuitable pony to a family of complete novices..And so on. It's not just the riding school aspect that I didn't like and wouldn't want for him again. Especially now because he's much easier to ride now than he was.
 
If your sister was under 18 at the time she signed the agreement and neither of her parents signed it, it would be very difficult to enforce any agreement.
 
I would just tell her to try and pursue it - she will soon realise it will cost her too much money to do this. Also, I keep hearing of loan contracts that don't stand up in court because they weren't checked by a solicitor, so I would assume the same applies here.
 
She was definatly under 18, not sure if my mum signed it.

They weren't checked by a solicitor either, thanks very much guys!
 
I would say that now the horse no longer is on working livery there then she wouldnt have a leg to stand on.

Sounds like a very bitter woman to me!
 
I doubt if they would pursue the matter even if it was in the contract. It would cost them too much & take too long, it is questionable if the contract would actually be lawful, also if it was signed by a minor without any counter signatury by patrent or guardian again it would invalidate it.

In short, stuff them, they haven't a leg to stand on. They have tried it on with you, it hasn't worked & it will be unlikely they will ever contact you again.
 
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