Miniature Horse World Magazine | Page 89

eeping tips * horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping eeping tips * horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping * horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping Can tips You Repossess a Horse eeping tips * horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping tips * When BuyertipsFails to Pay? horsekeeping tips the * horsekeeping * horsekeeping tips * horsekeeping tips * horsekeeping Julie*I.horsekeeping Fershtman, Attorney Law eepingBytips tips *athorsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping Q. Last year I sold one of my horses on ineepingstallment tips payments. * horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping tips * We had no agreement in writing, but the buyer promised to pay horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping me within six months and I let him take the passed, but he only tips paid a * horsekeeping tips * horsekeeping tips * horsekeeping tips * eepinghorse. tipsSix *months horsekeeping small part of what he owed. Every time I call him asking fortips the money he gives me tons of horsekeeping * horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping excuses. Can I just take back the horse and eepingcalltips horsekeeping it off? *– T.G. (South Carolina) tips * horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping A. T.G. wonders whether she can legally back, *or horsekeeping “repossess,” a horse that she * horsekeeping tips * horsekeeping tips * horsekeeping tips * eepingtaketips tips sold because the buyer has failed to pay. horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping T.G., has added to her problems by failing to use a written contract that describes the eepingterms tips * sale, horsekeeping of the much less any right tips to re- * horsekeeping tips * horsekeeping tips * horsekeeping tips * possess. This tips article discusses repossession. horsekeeping * horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping Problems- In this equine sale, * T.G. created property, tips such as *a private barn or pasture, tips * Makes Repossession ComplexRe- * horsekeeping eepingWhat tips * horsekeeping tips tips horsekeeping horsekeeping problems from the start. Here are three of to repossess a horse, they could face crimipossession is the act of taking back an item, horsekeeping tips * horsekeeping tips tips horsekeeping them: * horsekeeping tips * horsekeeping nal charges of trespass and *theft. Hauling such as a horse, that has been sold on credit repossessed horses across state lines might when the buyer has violated the terms of eepinga payment tips *arrangement. horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping tips * No Written Contract even trigger federal criminal offenses, as well. The process may A contract can establish restrictions on the Although sellers will insist merely reseem as simple as entering the non-paying horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping tipsthey* are horsekeeping location of the horse until the buyer has fully claiming their horses, they may be forced to buyer’s barn and removing the horse, but in paid. This prevents the buyer re-selling make these defenses a criminal court. eyes of*thehorsekeeping law, repossession can be very * horsekeeping eepingthetips tips tipsfrom * horsekeeping tips * inhorsekeeping tips * the horse or moving it out of the state or complex. horsekeeping tips * horsekeeping tips * horsekeeping * horsekeeping tips * horsekeeping to an unspecified location before tips the seller Alternatives to Repossession-Unpaid sellhas been fully paid. A contract can also specers have alternatives to repossession. They The right to repossess generally can exist in eepingthreetips * horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping tips * ify the purchase price. Without a contract can allow the non-paying buyer to keep the settings: setting * forth the purchase price, the horse but file a lawsuit the balhorsekeeping tips * horsekeeping tips horsekeeping tipsbuyer* horsekeeping tipsto recover * horsekeeping n  might claim he paid in full, which could give ance due. If the amount is small enough to The parties have a legally valid contract eeping (with tipsappropriate * horsekeeping * horsekeeping him grounds, when thetips seller comes to repursue thetips matter*inhorsekeeping small claims court, the tips * language dictated tips by ap- * horsekeeping possess, to call the seller a thief. When legal seller could be spared the expense of a lawplicable law) through which the buyer has horsekeeping tips horsekeeping tips * horsekeeping tips * horsekeeping disputes*arise over these and other problems, yer. allowed thetips seller * thehorsekee ping right to repossess the legal fees to resolvetips them can be enoritem*that is being sold; eepingn the tips horsekeeping tips * horsekeeping * horsekeeping tips * horsekeeping tips * mous. By comparison, having a knowledgeThis article does not constitute legal advice. The applicable state’s law gives the unpaid able lawyer draft a written contract before Secured interest and tips repossession issues can be seller the right to peacefully (without treshorsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping * horsekeeping the transaction is a small fraction of the cost very complex. When questions arise based on passing and without receiving resistance eeping from tipsthe*buyer) horsekeeping * horsekeeping tips * horsekeeping tips *direct horsekeeping and could prevent disputes. specific situations, them to a knowledge- tips * repossess the item; tips or n Before the repossession, the seller receives able attorney. horsekeeping tips * horsekeeping tips * horsekeeping Parting With the Horse tips * horsekeeping tips * horsekeeping a legally valid order from the proper court T.G. allowed the buyer to take the horse. In About thetips Author:* Julie Fershtman is one of tips * that allows the seller, or someonetips act- * horsekeeping eeping ing tips * horsekeeping tips * horsekeeping horsekeeping doing so, she accepted a risk that the buyer the nation’s most experienced Equine Law for the seller, to enter someone else’s would not pay her and the horse could practitioners. A Shareholder the firm property and repossess the item. Sellers horsekeeping tips * horsekeeping tips * horsekeeping tipsnot* horsekeeping tips * with horsekeeping easily be taken back. Some horse sellers Foster Swift Collins & Smith, PC, based in may need to pursue this option if (1) state eeping law tipsrequires * horsekeeping tips on* continued horsekeeping horsekeeping avoid this problem by insisting Michigan,tips she has* successfully tried equine tips * a court order before tips repos- * horsekeeping possession of the horse until the buyer has cases before juries in 4 states. She has drafted session; (2) the buyer refuses to part with horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping paid in full. hundreds of equine industry contracts and is the item or challenges the seller’s right of a Fellow of the American College of Equine tips * (3) no contract exists;tips and/ * horsekeeping tips * horsekeeping eeping repossession; tips * horsekeeping tips * horsekeeping Potential Criminal Charges Attorneys. Her speaking engagements on or (4) the parties had a contract, but it horsekeeping tipsor*silent horsekeeping tips * horsekeeping tipscon-* horsekeeping Sellers like T.G., who have no written Equine Law span 29tips states. * Forhorsekeeping more inforis either unclear on repossession tract but later try to “re-claim” their horses, mation, please visit www.equinelaw.net and rights. eeping tips * horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping tips * put themselves at risk. By entering another’s www.equinelawblog.com . horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping O ctober / N o v ember 2015 Miniature Horse World 87 eeping tips * horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping tips *