If you want to sell a beloved horse and make sure you have the first choice to buy the horse again, you can ask the buyer to sign a first right of refusal since. But before you make a deal, here`s what you need to know. Unfortunately for the former owner of the horse, who had the first right of refusal (part A), his claim is not against you (part C), but against the seller (part B). As long as you (the buyer) have a valid sales contract with your seller, I cannot imagine a scenario in which a court would order you to return the horse to the person with the first right of refusal. What are the rights of people in general when they believe that someone has violated a right to prior education? So what is a «first right of rejection» in a treaty? Do you see why I hate the first right of refusal? This contract term is rather a means of showing the intent of the parties (which often goes a long way), but it is very unlikely to be applicable as soon as we find ourselves in the situation posed by this reader. While there is never any harm in introducing a first right of rejection, it is not something you should rely on. When you include «right of pre-emption» clauses in your horse purchase contracts, you design the language very carefully and consider looking for a lawyer to contribute to it. Horse sellers who rely on these clauses may want to remind buyers over time before the buyer launches the horse on the market; this can also help the buyer to inform others that all sales are subject to a pre-emption right. Jennifer A.
McCabe, JD, is a licensed lawyer in all California courts. McCabe, who has worked in the equestrian industry since childhood, acquired his BA with a secondary subject in equine sciences at California Polytechnic State University, San Luis Obispo. She received her law studies at the University of the Pacific, McGeorge School of Law, where she also obtained a certification in Advocacy. Previously, she worked as an auditor advisor to the Institute of Administrative Justice, where she was tasked by various government authorities with resolving disputes between these agencies and the parties involved in the Agency`s decisions. His experience also spans several years in the field of intellectual property, labour law and assault proceedings. You can learn more about McCabe and his horse law practice at California Horse Lawyer. «Ennifer A. McCabe If you sell your horse because you think the first right of refusal means you will see it again in the future, consider selling it. The agreement gives you no control over what happens to your horse. In fact, the buyer may decide never to sell it, or you can get an offer that they cannot refuse and your horse can be resold without your knowledge. Consider carefully if you are willing to let go of your control over the maintenance of your horse. If you are not, then it may be a better option to rent your horse than to sell it.
Be prepared for a buyer to turn to you in a few years and offer to sell your horse to you, but for much more than what you originally sold. The value of your horse may have increased with training, experience or winnings, so don`t assume you`re paying the same amount as the amount you sold your horse for. In some cases, the first right to refusal agreements works well. Some buyers try to contact the previous owners of their horses before putting them up for sale to the public. But it also depends on the situation and whether the person who bought your horse takes the trouble to contact you. If someone buys your horse and then comes to you to sell it, you don`t have to buy it.