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horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping
eeping tips * horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping tips *
horsekeeping
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Can tips
You
Repossess
a Horse
eeping tips * horsekeeping tips * horsekeeping tips * horsekeeping tips * horsekeeping tips *
When
BuyertipsFails
to Pay?
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Julie*I.horsekeeping
Fershtman, Attorney
Law
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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
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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
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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
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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
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the horse or moving it out of the state or
complex.
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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
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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
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tipsbuyer* horsekeeping
tipsto recover
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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
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tipsappropriate
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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
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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;
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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
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tipsthe*buyer)
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tips * horsekeeping
tips *direct
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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 *