Mr asked in PetsHorses · 1 month ago

Can a horse be sold under a "no sale" contract?

I need some detailed legal advice. As I'm planning to sell a horse we bought a few years ago. The girl we bought her from wrote up a short "contract agreement" notarized stating "the horse was bought by us and that under any circumstances that the horse will go back to her if we decided to re-home or sell it. No price was ever listed on the agreement and when we told her we're planning to sell the horse. She thinks we are to just give the horse back to her free. And she also stated that at the present time she can't take the horse but was quick to remind that we are under a "no sale" contract and are to wait on her to be available to take the horse back without giving us a penny.

8 Answers

  • 1 month ago

    The contract, as you report it, did not state whether the horse was to be sold back or given back.  It's ambiguous.

    When there is an ambiguity in the contract, the  person who wrote the contract loses.

    That means you would win if you sold the horse and were sued.

    I would get a free consultation from a lawyer.  Most lawyers give you one, and only charge if you ask them to take the case.  He'll probably advise you well.  He might suggest sending them a written letter by registered mail, keeping a copy and the receipt, that says she has two weeks to pay for the horse or you'll sell it elsewhere.

    This is NOT a "first right of refusal" contract.  That would be spelled out clearly, so I wouldn't listen to advice calling it that, unless it is from the lawyer I suggested.

  • kitta
    Lv 5
    1 month ago

    The previous owner can retain first right of refusal to repurchase the horse, should you decide to sell it. People do that all the time... however... the  previous owner cannot have it "both ways." She cannot refuse to repurchase the horse from you when you offered, and then expect to keep you dangling indefinitely....preventing you from selling the horse to someone else.

    She no longer owns the horse: you are the legal owner, totally.She has "refused" the chance to re-purchase the horse: therefore, you may now sell the someone else. You are free from the agreement. You have no obligation to her.

  • Anonymous
    1 month ago

    Yes you "can" sell the horse.  The question is whether you would be found to be in violation of the contract or not.

    In most instances, these types of contracts do not hold up in court.   Why?   Because by law, animals are considered property.    By selling one's property one relinquishes all rights to and responsibility for the property.   Once the property ownership has been fully transferred, the prior owner has no say in anything and the property is yours to do with as you think best.    

    If one wants an ongoing say in what happens to their horse, they shouldn't sell it.  Leasing may be an option.

    Let's say you sell the horse and you are sued.    What damages are they going to ask for?    They were paid for the horse in full when you bought it and they refused to take it when you offered it for sale.  

    This lady is on another planet.  

  • Ocimom
    Lv 7
    1 month ago

    You agreed to and signed the contract.  Therefore you cannot sell the horse unless she gives you permission.  She can take you to court if you do it and you will lose.

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  • 1 month ago

    she had first right of refusal and she choose to refuse.  I would let her know that the horse is now available at the same price you purchsed it for and give her 2 weeks to respond, letting her know that if she chooses to refuse you will move forward selling the horse to a suitable buyer.

  • *****
    Lv 7
    1 month ago

    For detailed legal advice, you need to consult a local attorney. Contract law does vary by location. 

  • Eva
    Lv 7
    1 month ago

    You do need to take the paperwork to an attorney. My opinion is that because there is no price listed, it's not valid. It would be viewed more as a "right to first refusal" contract. You've offered to sell the horse back to her and she's refused. Once she's refused to take the horse back, you aren't obligated to keep it for her until she makes up her mind.  You may have to obtain a court order to allow you to legally sell the horse. Document any discussions or communications you have with her. In the future, don't ever sign a contract (especially one that vague) without having it reviewed by an attorney. There are such things as unenforceable contracts.

  • 1 month ago

    Get a lawyer.   I would think that if she is unable to take the horse when you are needing to rehome it, then she is essentially forfeiting her rights to have first refusal.

    It is unreasonable to expect you to retain the horse for some indefinite amount of time...   Not unless she wants to pay you a boarding fee for keeping the horse.

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