Daughter paid $100 on a pony, then the woman backed out because she didn't like .....

[Sherry75]

What is the name of your state? Wisconsin

My now 19 year old daughter had worked at a local farm where she was at the birth of a pony, she named the pony, and raised this pony to show at 4-H every year for the past 4 years. She put every cent to pay for everything she needed to show this pony, and about 3 months ago, the owner told her she would sell the pony to her for 1000.00. My daughter was ecstatic. She was to pay $100/month, no board, that was the agreement. There was nothing in writing, but there were witnesses to this agreement. Myself, the husband of the woman, my daughter, another woman and her daughter were there at the time, and another boarder heard this said. My daughter also was boarding another horse at this farm and going to college full time. As college got closer to starting this year, she found out she could not afford the board on the horse, paying for her college and the $100 for the pony, so the place where she works allowed her to board the horse free.

The woman who owns the pony doesn't like the man my daughter works for. She found out where my daughter moved the horse too and immediately called up her cell phone and informed her today that she was no longer selling her the pony, even though my daughter has already paid her $100 on the pony. She was returning her money and no longer selling her the pony.

I know for a fact she is planning on selling this pony to someone, just not my daughter.

My question is, if my daughter refuses to take the money back, will she still have to sell the pony to her because money has exchanged hands? If not, can my daughter do anything, because she had worked for this place training 8 horses and ponys for them for 4 years. She normally gets a rate of $20/hour for the training of horses and ponys, however she was never paid for training these animals for this farm.

She loves this pony, she named her and showed her, and she is the only one who has ever showed her.

In my opinion this woman is only being spiteful because my daughter had to move the horse in order to afford to pay for the pony. My daughter is heartbroken over this.

Can anyone help?

 

[BelizeBreeze]

In Wisconsin, a verbal contract cannot be held valid if both parties to the agreement did not intend to be bound by it. The actions of the horse owner in this instance, is sufficient to prove her intent, as well as your daughter's intent to purchase the horse by offering and then paying $100.

I would suggest your daughter write the owner a Certified(RRR), demanding specific performance per the verbal purchase agreement with acknowledgement within 5 business days of receipt of the letter, or she will file suit in small claims court and ask for an injunction against the owner precluding the sale of the horse to a third party until the matter is heard.

 

[Sherry75]

Wisconsin

I am totally dense on all this, what is a "Certified(RRR), demanding specific performance per the verbal purchase agreement with acknowledgement within 5 business days of receipt of the letter". I dont have a clue what all that is, I'm sorry.

 

[BelizeBreeze]

[DATE]
[DAUGHTER NAME]
[DAUGHTER ADDRESS]

Dear [SELLER]:

Please be advised I am sending this demand to seek specific performance of our contract regarding the sale of the horse named [NAME] made on [DATE].

Per our agreement for payment of $1,000 ($100 of which has been paid by me to-date) you agreed to relinquish ownership in [NAME OF HORSE].

Demand is therefore made for the specific performance of said referenced contract. If I do not receive a satisfactory reply within five (5) days from receipt of this letter, I will be forced to file action in [NAME OF COURT] to compell performance, which will include a motion to recover all expenses, both personal and legal in my efforts to compel compliance.

This letter is sent in an effort to compromise and settle this claim prior to litigation. Therefore, neither its existence nor contents shall be admissible as evidence before a jury but only before the court for notice purposes, as a matter of law.

Sincerely,
[DAUGHTER NAME]

 

[Sherry75]

Wisconsin

Thank you so much, we've been told also, that if she doesnt' take the $100 that the woman tries to give her back, she then loses that $100 she gave her as payment. Is this true? Should she take the $100? I thought that if she took the $100 back that would mean she was agreeing to what the woman was wanting to do.

I will run this letter off for my daughter asap. Thank you for helping us, so much. My daughter worked so hard with this pony for the past 4 years, its a shame if she loses it. She is so attached to her, and to take it back from her just because she doesn't like where my daughter is boarding her other horse is rotten.

Thank you again.

 

[BelizeBreeze]

Wisconsin

Thank you so much, we've been told also, that if she doesnt' take the $100 that the woman tries to give her back, she then loses that $100 she gave her as payment. Is this true? Should she take the $100? I thought that if she took the $100 back that would mean she was agreeing to what the woman was wanting to do.

I will run this letter off for my daughter asap. Thank you for helping us, so much. My daughter worked so hard with this pony for the past 4 years, its a shame if she loses it. She is so attached to her, and to take it back from her just because she doesn't like where my daughter is boarding her other horse is rotten.

Thank you again.

Tell your daughter to not accept payment and if the woman sends a check, keep it, don't cash it, and take it to court with her. She doesn't lose the money. you can't rescind a contract simply because you don't want it anymore.

This is a good chance for your daughter to learn to stand up for herself and allow the law to work FOR her.

Besides, Will Henry told me to relay his advice. "kickthis woman's butt"....he's a horse of very few words

 

[Sherry75]

Wisconsin

Please tell Will Henry thank you very much, and my daughter will (She's at work right now, has been there all day). We are hoping she will be able to show the pony at State Fair. I have a call in to this woman because I am waiting for her to actually tell me the reason she isn't selling the pony directly to me. I want to hear the exact words, but so far I've heard nothing. I had called because of my concern and simply explained about my daughter having to help pay for her college and not being able to afford the board on the horse, and her college expenses, and the payments on the pony, so in order to pay for the pony, she was offered the free board on the horse. This lowered her expenses enough that she was able to continue paying on the pony (lowered them $175.00/month, enabling her to continue the $100.00/month payments on the pony with no problem). So I told the woman my husband and I would like to find out why she was not being sold the pony any longer. (The woman already knew the reason she was moving the horse out was because of lack of funding for the above reasons.) I also mentioned, that my daughter had said she had planned on returning the horse back to the farm in the spring after she had the pony paid for in full, to board it back at the farm. But the woman hasn't called us back yet. This was at 11am.

I am still waiting for our daughter to get home, she normally doesn't return from work until 9pm, she works from 9 am until 9pm to save up money for school and board for her horses and pay for the pony, plus pay for her gas for her car.

Thank you for all your help, it is so very very welcome.

 

[Happy Trails]

Wisconsin

I am totally dense on all this, what is a "Certified(RRR), demanding specific performance per the verbal purchase agreement with acknowledgement within 5 business days of receipt of the letter". I dont have a clue what all that is, I'm sorry.

CRRR - Certified Return Receipt Requested

 

[BelizeBreeze]

Just one word of advice.

YOU don't call the seller. It's none of your business and you can do nothing but exaserbate the situation.

Leave it alone and tell your daughter to simply do as suggested. No more contact period.

 

[Sherry75]

Wisconsin

Ok, I'll give this all to my daughter to handle then, thank you again.

and thank you also, Happy Trails.

 

[BelizeBreeze]

YOO HOO Sherry, what's happing with this?

 

[Sherry75]

Oh the woman did allow my daughter to take the pony to the state horse expo, but she informed my daughter, through a 3rd party, that she wasn't allowed to touch the pony after state was over, and my daughter hasn't.

Just got a "Sorry we missed you" card today (even though I was home all day) saying the certified letter was refused by the woman.

The "Sorry, We missed you" card is one you get when they try to deliver something to you and your not home so they leave these cards for you to either say you want it redelivered to you or you'll pick it up. I called the post office to find out what it was and after giving them the article number they confirmed it was the certified letter my daughter sent to the woman. The woman had refused it and it was being returned to us. (My daughter is still in college and wouldn't be home in time to call the post office to find out what it was, so am having it resent back to us here at home so we have it in hand, since the woman refused it.)

Now what?

 

[Sherry75]

We have also just found out there is conflict going on between the woman, her husband and her daughter, and son-in law who are all 3 against the woman doing this (fighting giving my daughter the pony). What would happen if we now went through small claims and the woman wouldn't show up on the court date? Not that it probably wouldn't happen, but there is the remote possibility, knowing this woman.

 

[BelizeBreeze]

We have also just found out there is conflict going on between the woman, her husband and her daughter, and son-in law who are all 3 against the woman doing this (fighting giving my daughter the pony). What would happen if we now went through small claims and the woman wouldn't show up on the court date? Not that it probably wouldn't happen, but there is the remote possibility, knowing this woman.

If she doesn't show up and your daughter makes her case, she'll win a default judgement against the women. Simple.

 

[Sherry75]

That would be heaven, but you never know. My daughter has been talking to people who have seen her with this pony through the past 4 years, who are writing letters for her which show how hard she's been working with this pony, how dedicated she's been to her, things like that, she also has a letter which was signed by this woman that was used on this years FFA proficiency award for my daughter which states things about how trained my daughter is in working with horses and ponies and how much work she'd put in at this womans farm and how much business she's brought into the farm things like that, which is signed by this woman. She'd asked her FFA instructor if he'd kept a copy and he had (this was sent into the State FFA Association for the award) and he sent her the copy, plus he's sending a letter of support for her too. All these things (but the state letter which the woman signed) she's having them notarize, too. I don't know if all these letters will help her or not, but she's doing everything she can. I just pray it helps, she is so down since we got back from the fair and she hasn't been able to see the pony.