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| Author |
Message |
    
Gerald P. Goulder
| | Posted on Monday, Apr 10, 2000 - 6:45 pm: |   |
Anyone knowing of any disputes involving horses, equines, the horse industry, suppliers, governmental entities and horse associations or organizations please let us know about them. Thank you. |
Jo Legg
| | Posted on Wednesday, Apr 19, 2000 - 5:04 pm: | |
I paid for a breeding and 10 months later
realized my mare was not pregnant. The owner of
the stallion had sold him and now refuses to
give me my money back. The owner offered to let
me breed to another stallion, but I don't want
a breeding from the other stallion.
Is there any law to protect people like me from
untrustworthy breeders? |
Christine C. Mills
| | Posted on Wednesday, Apr 19, 2000 - 8:00 pm: | |
Jo,
In all practicality, I think you are stuck. The cost of pursuing a legal solution probably precludes doing anything, even if you have an iron clad breeding contract in hand.
If you have a contract and a friend or family member that is a lawyer, a letter reminding the stallion owner of the terms of the contract on lawyer letterhead may help secure a refund, less any fees incurred.
You can write a formal complaint to your state's better business bureau, the stallion's breed association, etc. I don't think this will do anything but make you feel better. I would very factual and not inflammatory in this type of letter.
Most stallion owners depend on word of mouth and a good reputation - with AI there are so many stallions to choose from, that it is important to try to make a client happy. I remember reading that on average, an unhappy customer tells between 10 and 20 people his story, a happy customer tells less than 5 people and an unhappy customer that is made happy tells the most people!
Any way, I'd make a good faith effort to evaluate the stallion you are offered a breeding to. If he didn't suit my mare, I would investigate the "lawyer letter" and ask for a sum slightly less than what I paid (breed fee less booking fee and any costs for collection, AI containers, etc.) as a fair settlement.
Good luck. Hope something works out in your favor. |
Gerald P. Goulder
| | Posted on Thursday, Apr 20, 2000 - 5:36 pm: | |
Was there any kind of written agreement involved? |
Gerald P. Goulder
| | Posted on Thursday, Apr 20, 2000 - 5:41 pm: | |
Christine,
Although I share you cynicism relating to the adminiatration of justice in our legal system, I really wish equine persons would use mediation/arbitration clauses to "courtproof" their agreements. The one I recommend is available at www.equinedispute.org under sample mediation contracts.
gg |
Christine C. Mills
| | Posted on Thursday, Apr 20, 2000 - 6:26 pm: | |
Gerald,
Heh,heh. I felt I was being pragmatic rather than cynical, GRIN.
I guess I assumed the breeding fee was somewhere between $500 and $1500. For that amount, even if settled in claims court in favor of the broodmare owner, the cost of proceedings is there and the collection of the award can be a challenge. If the breeding was to a very high priced stallion, I'd have a different view.
Your suggestion for using a mediation and arbitration clause is a very good one. Many folks still don't use a contract or bill of sale, which is dangerous.
Cheers. I really wasn't trying to lambaste the legal system. |
