My question involves criminal law for the state of: New York
Greetings:
This question is in regards to the buying and selling of a horse. The Plaintiff in this case bought a horse and kept it for 4 months. She then sold the horse to a 16 year girl who signed a contract stating: if she ( Buyer #1) ever wanted to sell the horse, the original owner (Seller #1) should be given notification and the first option to buy the horse back. Buyer #1. worried about this because the horse had not been well cared for at Seller #1's home.
That said,
2 years later our 16 year old is now heading off to college and cannot properly care for the horse while away. She contacts Seller #1 and offers to sell the horse back to her for the same price ($1,000.00) she paid for the horse 2 yrs. ago. Seller #1 flatly refuses to pay $1,000.00 and offers in writing $750.00.
Please be aware that Buyer #1 has put much money and training into the horse over those 2 yrs. Buyer #1 refuses that sale price stating it is too low a price. Buyer #1. feels she has fulfilled her end of the contract. Buyer #1 later sells the horse to a friend for $1.00 so that the friend is able to make any decisions ( medical, training, ect) regarding the horse without Buyer 1's consent as Buyer #1 trusts Buyer #2 to do right by the horse. Buyer #1 is happy to have a good home for her horse. They made the deal and all were happy except for Seller #1.
Seller #1 begins harassing Buyer #2 on FB, email, phone and even calls her boss and landlord stating that Buyer #2 has stolen her horse and she is going to press criminal charges against her. Buyer #2. being a young woman herself became worried that Seller #1 would come and steal the horse back or worse hurt her other horses as well as harm her upstarting business by slandering her to everyone. The threats and harassment became so bad that Buyer #2 called yet another friend, Buyer #3 and gave the horse to her to her with no stipulations as to whether the horse could be sold or not.
Buyer #3. is the new owner and is now getting harassed and threatened by Seller #1., who by now has stated she was suing and pressing "Criminal Conversion" charges on all 3 buyers. Buyer #3 called another friend (Buyer #4) who moved the horse to a safe home and is looking after the horse well and is now the Owner of the horse. No one will tell Seller #1. where the horse is because of her escalating behaviors. In fact both Buyers 1 and 2 have contacted local Law Enforcement agencies because they are afraid of what Seller #1 will do next.
My question is this: Did Buyer #1 fulfill her obligation for sell back offer and are Buyers 2 & 3 responsible to Seller #1 at all? If Seller #1 was so attached to this horse, why in the world would she sell it just 4 months later? Why would she not just meet the $1,000.00 asking price? (Too make a profit off the horse is why.)
Buyer #1. was not of legal age to sign any contracts, but she did and kept her end of the deal. Buyer #1 had also put a lot of money into her horse. Why should she have to sell for a lesser price than what she paid for the horse originally?
Are any of the Buyers guilty of Criminal Conversion? No one made any money off the horse. The buyers just wanted to be sure the horse went to a safe and loving home.
Any advice you are able to lend in the matter would be helpful. Buyers 1,2,and 3 are ready to petition courts for an order of protection due to the relentless harassment and slandering of them.
I apologize for the lengthy message but it is a complicated tale. Thank you all so much for any assistance.
Greetings:
This question is in regards to the buying and selling of a horse. The Plaintiff in this case bought a horse and kept it for 4 months. She then sold the horse to a 16 year girl who signed a contract stating: if she ( Buyer #1) ever wanted to sell the horse, the original owner (Seller #1) should be given notification and the first option to buy the horse back. Buyer #1. worried about this because the horse had not been well cared for at Seller #1's home.
That said,
2 years later our 16 year old is now heading off to college and cannot properly care for the horse while away. She contacts Seller #1 and offers to sell the horse back to her for the same price ($1,000.00) she paid for the horse 2 yrs. ago. Seller #1 flatly refuses to pay $1,000.00 and offers in writing $750.00.
Please be aware that Buyer #1 has put much money and training into the horse over those 2 yrs. Buyer #1 refuses that sale price stating it is too low a price. Buyer #1. feels she has fulfilled her end of the contract. Buyer #1 later sells the horse to a friend for $1.00 so that the friend is able to make any decisions ( medical, training, ect) regarding the horse without Buyer 1's consent as Buyer #1 trusts Buyer #2 to do right by the horse. Buyer #1 is happy to have a good home for her horse. They made the deal and all were happy except for Seller #1.
Seller #1 begins harassing Buyer #2 on FB, email, phone and even calls her boss and landlord stating that Buyer #2 has stolen her horse and she is going to press criminal charges against her. Buyer #2. being a young woman herself became worried that Seller #1 would come and steal the horse back or worse hurt her other horses as well as harm her upstarting business by slandering her to everyone. The threats and harassment became so bad that Buyer #2 called yet another friend, Buyer #3 and gave the horse to her to her with no stipulations as to whether the horse could be sold or not.
Buyer #3. is the new owner and is now getting harassed and threatened by Seller #1., who by now has stated she was suing and pressing "Criminal Conversion" charges on all 3 buyers. Buyer #3 called another friend (Buyer #4) who moved the horse to a safe home and is looking after the horse well and is now the Owner of the horse. No one will tell Seller #1. where the horse is because of her escalating behaviors. In fact both Buyers 1 and 2 have contacted local Law Enforcement agencies because they are afraid of what Seller #1 will do next.
My question is this: Did Buyer #1 fulfill her obligation for sell back offer and are Buyers 2 & 3 responsible to Seller #1 at all? If Seller #1 was so attached to this horse, why in the world would she sell it just 4 months later? Why would she not just meet the $1,000.00 asking price? (Too make a profit off the horse is why.)
Buyer #1. was not of legal age to sign any contracts, but she did and kept her end of the deal. Buyer #1 had also put a lot of money into her horse. Why should she have to sell for a lesser price than what she paid for the horse originally?
Are any of the Buyers guilty of Criminal Conversion? No one made any money off the horse. The buyers just wanted to be sure the horse went to a safe and loving home.
Any advice you are able to lend in the matter would be helpful. Buyers 1,2,and 3 are ready to petition courts for an order of protection due to the relentless harassment and slandering of them.
I apologize for the lengthy message but it is a complicated tale. Thank you all so much for any assistance.
Stolen Property: Is it a Crime to Violate a Buy-Back Agreement for a Horse
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