PLEASE HELP SELLING/LOANING ADVICE NEEDED

Joined
26 January 2019
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2
I will be using the name daisy as the lady we bought him off! this isn't her name but its easier if i use a name of some sort .
I bought a pony around 3 years ago from daisy that used to own the yard where we keep him, We knew that he had problems hacking alone and other riding issues when we bought him but we loved him so decided to to buy him anyway .Daisy went on to selling all but 1 of her horses as she decided that she wanted a new career and was selling the yard . Anyway that was 2/3 years ago and my daughter has worked really hard and now glad to say he's improved 100%.But now im getting to the point of writing this.
We bought the pony for £1500 We received his passport and changed vets/farrier ECT there was NO agreement written just sold as seen.Soon after buying him daisy was kicked off from the yard as she had become very volatile to others about silly things and made so many people cry it was an awful period untill she left.
My daughter has progress as far as she can with her jumping pony and we have made the decision to sell him as a dressage pony as he is turning 16 he loves his work but can take life at a slower pace. This was all well and he was advertised for £3500 As hes progressed so well in these past few years untill yesterday when the new yard owner received a phone call and we had messages from daisy friends infoming us that she has the right to buy him back for £1500 and I will received a solicitors letter this Tuesday! She has got a friend who apparently was there when we bought him (which she wasn't by the way) that prepared to write a statement to confirm that daisy said to me she could have first refusal to buy him back if we sell him. I have to add that if I thought she was suitable to buy him back I would but the things she has done to the pony whilst she owned him( cropped him over 40 times because he wouldn't ride out alone, chucking brooms at him when he was kicking stable door are not what I'm looking for in his new home. Daisy has alot of money and can afford solicitors where I'm not in a position to do so.Does anyone know where I stand please that can advise me thankyou in advance
 

be positive

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9 July 2011
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16,665
I think you will find she has no right to buy him back, even if you had agreed verbally it would not stand up legally as once sold the seller has no rights to anything relating to the pony, even if she had first refusal it would be at the current value not the price you paid, otherwise what is stopping every sale being subject to similar terms, person 1 sells pony for £500 to person 2 who puts in time, money etc wants to sell for £3k but has to sell back to person 1 for £500, it could be a good earner for person 1 if they had a few on the go all the time.

I would wait for the letter and take legal advice, usually available on insurance somewhere, but in the meantime try and put it to the back of your mind as I don't think they have any grounds to follow this through other than a bit of sour grapes because you have done well and increased his value, her friend making contact with you seems a bit odd, I guess they are trying to intimidate you into giving him back without any hassle.

There seem to be too many completely bonkers people involved in horses nowadays, this is one of the nastiest examples.
 

splashgirl45

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6 March 2010
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suffolk
agree with BP, if that was the case it should have been put in writing and both of you sign it. i know of when someone said they would like first refusal and they paid almost the asking price as the horse had been improved....the vendor was happy to drop the price a little as she was happy that the horse would go back to his original owner but knew what the horses true value was after being improved so would never have let him go for the original purchase price..quite rightly IMO
 

twiggy2

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3 July 2013
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essex
Even if it is in writing I believe it's not legally binding. As once sold they have no claim over them.
Sounds like they are just trying to care you into selling back to them for a lower amount.
 

Pearlsasinger

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20 February 2009
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W. Yorks
I agree with everyone else, this is just a nutcase trying her luck. However do take legal advice, if you are a BHS member or member of any other association (not necessarily horse related), you may have legal advice included. YOur home insurance probably entitles you to legal advice. t If all else fails contact CAB but the sale would have negated anything agreed before the sale.
 

Ambers Echo

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13 October 2017
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Agree totally with BP. She's bonkers. Ignore her and ignore any letters that are not official legal letters. Keep threatening letters, texts etc in case it goes any further but she is very unlikely to actually get a lawyer to write to you as she has no case and it would cost her money.
 
Joined
16 February 2009
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Slopping along on a loose rein somewhere in Devon
To me it's as clear-cut as a shovel-on-shate; you BOUGHT this pony fair and square. You have the passport and he is yours!

Now someone has turned up saying they witnessed the Batty Hatty that previously owned him saying that she was to be "given first refusal" if the pony was sold. Nothing in writing! and even if there was, TBH it wouldn't be worth the paper it was written on as would be null and void legally.

Basically, what's obviously happened is that someone else has been prepared to put time and effort into producing this pony (that she couldn't obviously be bothered with and/or didn't treat him very well) and now he's a cracking little pony who's worth way more than you gave for him. Now the owner's got green little eyes and wants him back!

Tell her to jog on in no uncertain terms as legally she hasn't a leg to stand on, and even if she were to have the benefit of a solicitor's written decree, it would actually be worth nothing in law - and any decent legal beagle wouldn't hesitate to tell her that as once something is sold, it is sold, end of; BUT....... I would take the precaution of moving your pony to another yard as soon as you can TBH; it is a bit disconcerting that the old owner (and her Broomstick Brigade to boot) has contacted your new yard owner to tell her the sob-story. What you don't want is your YO siding with the Batty Hatty and her lot, and its beginning to sound a bit (disconcertingly) like this is indeed so.....??? Therefore I'd strongly suggest you move to another yard somewhere where this pony isn't known, for your own peace of mind, just in case the situation were to deteriorate and people get silly ideas about snatching the pony for instance. Not trying to worry you, but have read enough posts on here for a start to know that it can happen. Move would be my advice, and soon.

(1) Ignore and (2) move the pony PDQ would be my advice.
 
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Joined
18 April 2015
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49
Definitely ignore it. Do not respond to anything. Even if she sends a letter from her solicitor do not reply. Ultimately all she could do would be to take you to court, which her solicitor will advise her not to do given that there is no written contract.
 
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