Unsure of legality

D

dressage2002

New User
Joined
24 November 2017
Messages
9
Visit site
Hey, I have a horse that when I bought her the contract said I was unable to sell her on to try stop dealers. I love her to pieces and I really don’t want to sell her it’s actually very upsetting that I have to think about it.

However in the last two years I had a baby and I’m just finding that I don’t have the time (or money with how extortionate daycare is) for her and it breaks my heart that she’s not getting out as much having fun etc I’d love to see someone enjoying her and competing etc.

Is this contract absolute has anybody delt with this before? I’ve had her now 6 years and was planning on keeping her forever but I’ve just had so many major life changes.

Do you think it would be smarter to contact who I bought her off and explain or maybe just try find a full loaner or could I sell her?
 
Get advice from a qualified legal professional.

I agree with what @Pearlsasinger and @Jenko109 wrote, and the no selling clause is almost certainly worthless.

But the horsey world sometimes seems very small and gossipy. The previous owner could very well find out and start "kicking off", in which case it would be useful to have a strong argument and put-down. Not quite an "ultima ratio", but as close as you can get.
 
Pearlsasinger said:
Once the money is handed over to the previous owner, the horse is yours to do with as you please. If you want to try to honour your agreement with the previous owner you could offer the horse back at today's valuation. If they are not in a position to buy back continue with your plans.
Click to expand...
100%
The ex owner might well feel aggrieved if she was never given the opportunity to re purchase, so no point inviting angst, but the horse is now your property to sell as necessary, and if the ex owner cannot come up with the purchase price, and you need to sell - you most certainly can.
 
I too would contact original owner and explain that you can no longer afford to keep the horse. Would she like to buy her back at the current market rate of £x? If not explain that you will be forced to sell. You have had her 6 years. I’m sure it will be fine!
 
dressage2002 said:
Thank you, it’s been a massive added stress. I needed to hear this lol
Click to expand...
You do! It’s tough when you’ve been given / sold a loved horse but you have to realise they sold it too, they didn’t keep her, something came up. Things do come up, life changes whatever you think at the time. This isn’t your fault it’s what happens when you sell.
 
When something is sold, it is sold. Once the money has changed hands then it is no longer up to the old owner to stipulate anything or lay down conditions, end of. There is no legal obligation whatsoever upon any "new" owner to fulfil this kind of obligation - whether it is a car for sale, or a house, or a horse, it matters not - and there's no lawyer on the planet who would defend a previous owner in this situation.

However, I think your problem is more one of not knowing quite what to do with your horse?? And you would I think feel guilty if you were to sell the horse on, having made an "agreement" to the effect that you would let the previous owner know if their horse was ever for sale again by you?

There are other options apart from selling: you could find a sharer, or part-loan, working livery (equestrian college or similar) or a full-loan. And for any of those things you would not need to ask the "permission" of the previous owner.

However, if you feel that selling the horse is the only way forward - and you do not think you would regret this choice at any point in the future - then by all means you could contact the previous owner and say that you are thinking of selling "their" horse, and would they be interested (or perhaps someone they know), there would be no harm in that. But there is no obligation on you to do so.
 
MiJodsR2BlinkinTite said:
There is no legal obligation whatsoever upon any "new" owner to fulfil this kind of obligation - whether it is a car for sale, or a house, or a horse,
Click to expand...

Maybe not the house itself, but the deed to the land that it stands on can have restrictive covenants that prohibit certain activities, and these are binding on any person that acquires the land in the future.

The deeds to my mum's house, for example, prohibit the keeping of pigs, the burning of bricks or the making of soap.
 
Keith_Beef said:
Maybe not the house itself, but the deed to the land that it stands on can have restrictive covenants that prohibit certain activities, and these are binding on any person that acquires the land in the future.

The deeds to my mum's house, for example, prohibit the keeping of pigs, the burning of bricks or the making of soap.
Click to expand...
It's not an 1830s cottage is it?
 
Keith_Beef said:
Maybe not the house itself, but the deed to the land that it stands on can have restrictive covenants that prohibit certain activities, and these are binding on any person that acquires the land in the future.

The deeds to my mum's house, for example, prohibit the keeping of pigs, the burning of bricks or the making of soap.
Click to expand...
Yep, and ancient property covenants (not necessarily same ones as your mum’s!) can have consequences when people fall foul of Planners or neighbours - and they come to light….
 
Keith_Beef said:
No, a mid-terrace probably built between 1905 and 1914 in what was then a village being swallowed into the bigger town of Sheffield.
Click to expand...
Interesting - ours is an old cottage and has the same stipulations. Livestock except pigs are fine, and one of these days I am going to put a water buffalo or some emu in the garden....
 
There is no legal obligation but the right thing to do would probably be to contact who you bought her off, explain your circumstances and offer them first refusal to buy her back at the price you will be advertising her for. If they decline then you do as you please.

They will probably say no but you never know, it may turn out to be an incredibly easy sale for you! Don't allow them to bully you or haggle you down on price though, offering them first refusal after 6 years is gracious enough.
 
You must log in or register to reply here.
Top