Verbal agreement - horse related.

redroisin

I hope someone can help me. I paid a "friend" for a foal inutero last year, when the foal was 5 months old, he talked me into taking next years foal by the same parents in the hope it is a filly not a colt, as he said a filly would be easier to show, and when I said I wanted to see the current foal before deciding he said there was no point, I was much better off taking the 2020 one. He insisted we "shake" on it, but then a few weeks later, I said I'd rather see him before making up my mind but was refused. So I have asked for a written contract for next years foal and he said he'd send an email confirming the money I've paid will be for next year's foal instead, regardless of sex... but is dragging his heels. My question is, with proof of payment and conversations on messenger proving all this, where do I stand legally? Do I legally still own this year's colt or did the verbal agreement nullify that... and what can I do to ensure I definitely get next years foal from this cross?

Samuel T. Cogley

I'm sure that was on my contact law paper :pac:

It looks to me you've made an agreement for the 2020 foal and a verbal agreement is enforceable. However going to court may be more money than it's worth and technically you'd be looking for specific performance so that complicates things.

daheff

Do you have anything saying this years foal is yours? Have you paid anything for it yet....that you can prove?

Sounds to me like he’s either resold this years foal at a higher price or the horse has miscarried

redroisin

daheff wrote: »

Do you have anything saying this years foal is yours? Have you paid anything for it yet....that you can prove?

Sounds to me like he’s either resold this years foal at a higher price or the horse has miscarried

I paid for it in full months before it was born, he told a (now ex) friend of his it's because he wanted to keep the foal himself as it was better than he thought and "too good for me" I have the proof of payment for this year's foal he's now keeping and proof of conversations of him talking about me having next years foal instead, he still has the money

redroisin

One more question I hope can be answered, the breeder has had my money now for nearly a year, can he refuse to honour the sale and refund me even though I've paid in good faith?

Del2005

redroisin wrote: »

I paid for it in full months before it was born, he told a (now ex) friend of his it's because he wanted to keep the foal himself as it was better than he thought and "too good for me" I have the proof of payment for this year's foal he's now keeping and proof of conversations of him talking about me having next years foal instead, he still has the money

redroisin wrote: »

One more question I hope can be answered, the breeder has had my money now for nearly a year, can he refuse to honour the sale and refund me even though I've paid in good faith?

You need to talk to a solicitor. You paid for 1 item and the seller is now trying to substitute it and it appears that you agreed to that, for which they have a record. You've now heard, anecdotally. that the seller didn't want to give you the item you bought as they want to keep it. You need proper legal advice.