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Who owns a horse until paid in full?

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babe7362000

Guest
What is the name of your state? OHIO My friend agreed to buy a horse off me for 1000.00 she still owes me 450.00. We made a written agreement that only lists of what she is willing to pay and what she paid so far. Well Saturday she tried to take the horse from where she had him boarded at. She had a verbal agreement with the guy that has him boarded at his house to pay him 100 a month to keep him there. She has not paid him anything. He has been buying feed and care for the horse for 3 months now. I would not let her remove the horse until he was paid off in full and she paid him his boarding fees. She basically said that was her horse and I could not keep her from getting him. The guy that has him now agreed to pay what she owns on the horse and keep him there at his facility and basically buy the horse if she dont pay the board and the 450 she owes me. Does she have ownership of the horse if I still have the papers and she still owes me money? Can I say that I dont want the horse moved until she pays me the rest of the money? I found out she quit her job also and moved back in with her mom and they have no place to keep a horse there. Is it my responsibily if the horse gets hit by a car or injures someone? Please help me
 


JETX

Senior Member
The answers to your questions will largely depend on the EXACT wording in your 'purchase agreement'.
 

BL

Senior Member
We made a written agreement that only lists of what she is willing to pay and what she paid so far. [ quote ]

Depends on what the written contract states .

Who contracted the boarding you or the other Party ?
 
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babe7362000

Guest
It does not state where the horse will stay, when we made the agreement it was at my house. And one day she took it down the road without asking me and said she was taking it to a boarding facility.
 

BL

Senior Member
We still don't know what the contract stated ?

Please tell us .

Written ? Verbal ?

Were you to retain Custody until paid in full ?

Obviously in your answer you didn't contract for boarding , so you have no say so in that matter .

You want the Horse Boarded that's separate Contract with the Boarder .

The other Party would be responsible for her debt.

You can not pay another debt just out of the blue and request return of that money .
 
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babe7362000

Guest
The contract is a written agreement. It states what amount she is buying the horse for and the amount she paid so far. It does not state anything else. We were friends but things turned ugly. The papers are still in my name and I was told that shows that I still own the horse. I would not give her the papers until he was paid in full. But she also owes 300 to the guy that has been feeding and caring for the horse and has not paid him anything, that was a verbal agreement. She has no job nor has money, so how can she care for the horse. I can not give something to somebody if they have not paid the rest of the money. Just like a car you have to pay for it first before they give it to you.
 

BL

Senior Member
I am thinking this would be a Breach of Contract .

Because there is no payment plan with specific Dates, you would Have to Give her "reasonable" Notice to pay .

You have a reasonable expectation of payment in a reasonable amount of time,even though there is NO written payment plan .

Where was the Horse , before she took it to have it Boarded ?

I would send her a Certified Return Receipt Requested Letter , demanding Payment . State If no payment is made within 30 Days you will consider the contract Breached .

You should advise the Boarder that SHE is responsible for Boarding up until that time, then if you want to continue boarding the horse there , you pay.

The boarder can-not make you responsible for someone Else's debt.

He would have to sue that Person.

It may take a civil action to resolve this issue with all 3 Parties ,
unless you can come to agreement with the boarder to release the horse , If the other Party does not pay .
 

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