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Old 02-06-2009,
 
 
 
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myhorse is offline
 
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Default Hello from AZ ownership question

Hi There, it's sunny and bright here in AZ and the critters are loving it. I am glad to meet you all . Hope all is well with you and yours.

I hope I am in the right place I am new at this forum type stuff and couldn't figure out where to ask a question so I thought I would start here. Thanks for your direction.

Previous owner stated in the Bill of Sale that they have "the first right of refusal should Lacy become for sale" ( that is the exact terminology hand written in). Because the horse no longer resides on my property (she wasn't sold) she claims ownership of the horse and intends on coming to get her back. hehehe she has to find her first. I'm so bad.

I have a signed Bill of Sale and all the documentation registration paperwork etc... with seller's signature but never sent it in to transfer in to my name. It is past the 90 days to register after the sale otherwise I would have put her in my name. Who own's the horse?

Last time I checked an owner can board their horses wherever they like , no where on the bill of sale does it stipulate that the horse must be in my possession at all times. I have been ignoring all emails and phone calls from the previous owner but their persistance leads me to believe I will get a knock at my door in the near future.

Thanks for your input.
 
 
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Old 02-06-2009,
 
 
 
Horse Trainer
Breezer
dimmers_double is offline
 
Join Date: Oct 2008
Location: Washington State
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Welcome to the Forum!!!!!!!!!!!!!!!!!!!!!!!!!!1

if you have a signed bill of sale with her signature and yours saying that she sold the horse to you, than legally the horse should be yours........IMO

this topic might get more traffic if you put it in "BARNYARD"

Again....welcome to the forum!!!!!!!!!!
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Old 02-07-2009,
 
 
 
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Breezer
Cathy C is offline
 
Join Date: Jun 2007
Location: NE Indiana
Posts: 108
 
 
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In my honest opinion, Yes you do own the horse as you do have a bill of sale signed by both persons and dated. The other part is kind of tricky. If you no longer have the horse as in you sold it or even gave it away and in honest truth you no longer own the horse then she does have the right to have the horse back. If you are just boarding the horse or letting someone like a friend or relitive borrow or use the horse then the previous owner does not have a right to it.
Only you know the truth about this situation, but if in fact you have given the horse away, if she takes it to court you will more then likly loose your case, and you will have to get the horse for her or possibly end up having to pay her what the horse would have been worth plus all court and legal fees.
I know a couple people that have been in this situation before.
Good luck and if I was you and was doing nothing wronge I wouldn't be egnoring her emails or phone calls, it just makes you look guilty, and you will end up with more then a nock at the door.
Cathy C
 
 
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Old 02-07-2009,
 
 
 
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myhorse is offline
 
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Thanks Cathy,

I thought that she was legally mine but can't understand why she would think otherwise. The horse is merely not on my property and I have to admit part of me is angry that I am being questioned and acuised and threatened hence why I am ignoring her not to mention that I answered all her questions and don't know how else to answer them any different. I did not buy this horse to have stipulations such as where she can reside and how long. Being honest is what got me in to this situation to begin with, she asked how the horse was and I said she is at my brothers (who leases horse property) and they love her. I should have said she's fine it would have kept this thing from snowballing. Me and my stupid mouth, get's me everytime. I will post this in Barnyard per another's suggestion due to more traffic just to make myself feel better. I am the stressful type and have lost sleep thinking she will come get her. I would gladly go to court if indeed the paperwork indicates she is truly mine. I appreciate your time. I follow up when this stupid thing is resolved.
 
 
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Old 02-08-2009,
 
 
 
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Special Tan is offline
 
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I would say you own the horse. To make sure I was right I asked my Lawyer and he said YOU own the horse. You have the bill of sale and you never posted the horse for resale. The horse doesn't have to be on your property. You have the legal right to board and house the horse at a place of your choosing. It sounds to me like the previous owner is trying to get the horse back because he feels he made a mistake.
My lawyer says you should get legal advice in your state. I'd answer the emails and phone calls and inform them I own the horse and to bug off.
 
 
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