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Jennifer C. Bull
New Member
Username: Mmmules
Post Number: 1
Registered: 3-2004
| | Posted on Wednesday, Mar 24, 2004 - 4:40 pm: |   |
I have been reading posts at this site for a couple of years and have learned a lot. Now I have a situation that has come up with a breeder in Texas (I am in California) regarding a stallion contract and I am asking for your opinions (especially the stallion owners).
I have a signed contract from Texas, dated January 15, 2003, to a stallion for my mare signed by the stallion owner and me. Under the terms and conditions, it states that the mare owner shall pay a booking fee of $200. "The mare owner shall pay a stud fee of $600 (fee written in) due payable to the Farm before mare is bred." Further in the contract, it states "If the mare is not covered, bred or delivers a live foal within 4 (four) years, starting from January first (1) of the year the contract was signed, the contract will be null and void and no refunds"... The bill I received for the stud fee also said, under terms "before breeding."
I booked the stallion in 2003 and paid the $200 booking fee. I decided to wait until 2004 to breed my mare to get an earlier foal. I sent an e-mail to the breeder in June stating that my understanding of the contract was that the stud fee of $600 could be paid the following year prior to breeding and to please let me know if this was not the case. I never received a reply.
I just sent the $600 and the breeder is telling me that the stud fee for 2004 is more (tripled) because I did not pay the fee last year. I tried to discuss this with her and even though the contract and the bill she sent to me all state that the $600 stud fee is due prior to breeding my mare, she says that I owe the new fee. No where does it state that the fee is for 2003. Am I missing something?
I just sent a letter by certified mail outlining the above since the breeder hung up on me when I was trying to talk to her. I would like to work things out, but I do feel like I am being taken advantage of. Any suggestions or comments?
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Robert N. Oglesby DVM
Moderator
Username: Dro
Post Number: 10144
Registered: 1-1997
| | Posted on Thursday, Mar 25, 2004 - 6:37 am: | |
From the information provided it is not clear what legal obligations are created by her acceptance of the booking fee. Perhaps a review of the whole contract by your local attorney would help but laws in TX may be different than in CA. The reality is you are a thousand miles from a 200 dollar situation. To pursue this in a legal manner will cost you much more than what you have invested. If you cannot work this out amiably I would ask for my 800 dollars back (booking fees are generally considered nonrefundable however) and chaulk it up to experience.
DrO |
