What to do now ........ "sold" pony, stage payments

[Lizzie66]

There seems to be lots of holes in your agreement.
1. Legally the passport should be with the keeper not the owner
2. Does ownership pass when she pays the final payment ?
3. If she can't pay who gets the money she has already paid ?
4. If she sells the horse who gets the money ?
5. Who is responsible for the horses upkeep until the final payment goes through ?
6. If the horse is injured who is responsible for its vets bills, recuperation costs etc ?

You need to sit down and tallk to the girl and come to an agreement on the way forward from where you are. You need to be realistic as to the outcome you want and what that is worth to you. ie if you don't want this horse back and the amount outstanding is say £1000 but she can only afford £500 is it worth settliing for this amount as the cost of the ongoing situation could well cost more than the amount you are in disagreement over.

If you don't have any agreement on the above questions then it could end up being very messy if you can't agree !

 

[Miss L Toe]

She has not got £500. I think the best thing is to let her sweat [ie think about it]... and make any suggestion she wants to...... legally she owes me money!
I have been more than generous, getting in to an argument is non productive.
She cant sell a horse which she does not own.
When she pays the agreed price the horse is hers.
She wants to keep him.
She is loooking after him, it is up to her to call in a vet and to pay that vet.
I can provide the pasport if required, for any reason, but am not going to give it to her until she has paid. That would be stupid.

 

[ihatework]

Well I suppose you had better hope she doesn't just hand him back injured then!

 

[Roasted Chestnuts]

This whole situation screams wrong to me. My horse went on loan (yes not the same as sale loan but still) and yes I had to have trust with the person who took him as he was moving hundreds of miles away, but I had an iron clad agreement with NO grey areas, everything was written down and signed by both her and myself and witnesses! Same when I sold my mare last year, iron clad sales contract sold as seen and that was my payments which were staged and with an agreed end date. If I hadn't had the payments on time it was written into the contract that I would refund half the money paid and collect the mare along with her tack rugs etc.

If I were you I would be sending the receipt with the final amount due and by when. If you don't then hell mend you really if this all falls apart on you as you could either find yourself without the horse or with the horse and nowhere for him to go.

 

[jellybeanz]

Personally a horse for sale for 2 years screams two main things to me;
1. The horse is over priced.
2. The owner has been very picky.

Don't know if it has been asked or not but out of interest what sort of horse and price is he selling for? The market is flat at the moment but 2 years is a long time and if this was the only way to get rid of him I'd be seriously considering why he had took so long and sale loan was the only option?

Second point off that is why if she can not afford to feed/provide for him can you expect her to have the money? You said you think she expected you to hand him over to her and that's dishonest, but then say you think she'll come through? A conversation, just blunt to the point is needed. The horse is YOURS, if he god forbide has a serious accident, she will not be able to afford it. It will fall on you.

You need to have a serious conversation with her and find out what's going on.

 

[Polos Mum]

OP I'd just suggest you have a back up plan for if/ when the girl calls you and says Your horse needs colic surgery or a joint wound flushing or has pulled a tendon and needs 3 months box rest and as she has no money she'd told her YO and vet as it's your horse you'll be picking up all bills from now on. She doesn't need to physically hand him back to pass back all responsibility to you.

There is nothing to stop her just walking away and writing off the money she has paid as a bad investment if he is injured.

 

[Lizzie66]

She has not got £500. I think the best thing is to let her sweat [ie think about it]... and make any suggestion she wants to...... legally she owes me money!
I have been more than generous, getting in to an argument is non productive.
She cant sell a horse which she does not own.
When she pays the agreed price the horse is hers.
She wants to keep him.
She is loooking after him, it is up to her to call in a vet and to pay that vet.
I can provide the pasport if required, for any reason, but am not going to give it to her until she has paid. That would be stupid.

If it wasn't for the fact that you have so many posts to your name I would have been inclined to think that there were footsteps on the bridge !

You have said in a previous post that she was either buying the horse herself or selling it for you.

If you have non of your agreement in writing then you are both in a sticky position.

She could argue that you are breaking the law in not keeping the passport with the horse, she could apply for a replacement passport.

If you are saying that she doesn't own him then without a specific agreement to the contrary then you are liable for the vet bills not her.

If you own him and she comes off then she could have a claim against you, equally if the horse escaped then as the owner you could be liable for any 3rd Party claim.

This could get extremely messy if there is no written agreement and you could end up with a lot of hassle for what I presume is a relatively small amount of money based on your description of the horse.

To be honest the stupid thing doesn't appear to be handing over a passport it appears to be in getting into this situation without considering all the risks and getting an agreement written up to cover them !

 

[Miss L Toe]

If it wasn't for the fact that you have so many posts to your name I would have been inclined to think that there were footsteps on the bridge !

You have said in a previous post that she was either buying the horse herself or selling it for you.

If you have non of your agreement in writing then you are both in a sticky position.

She could argue that you are breaking the law in not keeping the passport with the horse, she could apply for a replacement passport.

If you are saying that she doesn't own him then without a specific agreement to the contrary then you are liable for the vet bills not her.

If you own him and she comes off then she could have a claim against you, equally if the horse escaped then as the owner you could be liable for any 3rd Party claim.

This could get extremely messy if there is no written agreement and you could end up with a lot of hassle for what I presume is a relatively small amount of money based on your description of the horse.

To be honest the stupid thing doesn't appear to be handing over a passport it appears to be in getting into this situation without considering all the risks and getting an agreement written up to cover them !

I considered all the risks, he is in her field, I don t have a place for him to come back to. He is in good condition and seems happy enough.

 

[Pearlsasinger]

I'd give a receipt stating XXX received in part payment towards XXXX, with the remainder due by XXXX, and include a line saying that payment in full is due by X date, after which the sale is cancelled and you will retain the deposit in full.

I'd keep the insurance going until you have full payment, and if this girl has full use of the horse I'd be insisting she pays for feed and all other costs in the meantime.

This, exactly.

 

[Pearlsasinger]

I considered all the risks, he is in her field, I don t have a place for him to come back to. He is in good condition and seems happy enough.

In that case, as you really don't want the horse, perhaps the best thing would be to hand him over to her for the money that you have alredy got and to stop paying any of his bills. I can't imagine that any money that she will pay you will be more than you will pay out while you are waiting for her to pay, especially if he needs the vet at any point.
Cut your losses.

 

[Booboos]

You are really setting yourself up for trouble in a number of different ways, as has been clearly pointed out by everyone in this thread, so why persist in this wooly manner? You have an unselable horse, nowhere to keep him and a rider who wants him and has paid some money for him...tell her he is sold.

 

[horsesatemymoney]

exactly what pearlsasinger says. Why, after two years of the stress of selling, not just cut your losses? Cheaper than him being returned and you having to find livery / vet costs!