What do you guys think?

Skipitgirl · Postby **Skipitgirl** » Thu Aug 30, 2007 3:35 pm

Last October I sold a TB mare to a girl on payments. The initital purchase agreement was made October 15th. She boarded the mare at our farm until paid in full which was Decemeber 1st. Mare left the next day.

Last week I got a call from her stating that she has "discovered" the mare is in foal. Vet estimates another 8 weeks (She says!). She started asking me about getting papers for it since the stallion HAD to be my 2 yr old AQHA colt (yes he was the only colt on the place). I told her I didnt think it was him because he would have had to jump over 4 seperate 5 foot fences and back again as he was never found out of his paddock. She stated he possibly jumped back into his field after the deed. I said "Why would he do that, he was now in a pasture with 6 mares none of which were in foal at the time!"

Im starting to think she is so positive he is the sire because she put her mare in with him while she was there during the day and we were gone. Honestly, this is the only way I think my colt could be the sire. I just dont see him jumping 4 fences and then going back to his home. Or the mare doing it either. I can see 1 fence. But 4 that are 5 feet high across 2 fields?

If the mare foals here in the next 2 months she is wanting me to send in DNA and a stallion report so she can get papers. I told her she has a free foal and that was all she was getting. Then she said she would sue me! I laughed but I know people do strange things. Im not worried as she bought the mare "as is" and signed a bill of sale.

So I guess what im asking is does anyone else think the circumstances are "suspicious"?
A couple points: The colt had never been bred (he was 2 at the time) and it was end of October/November certainly not prime hot and heavy breeding season. Is it possible my colt jumped 4 fences and then back or the mare for that matter? My gut is telling me different.

ageecee · Postby **ageecee** » Thu Aug 30, 2007 3:42 pm

Tell her to go fly a fawkin kite and get lost. Seriously thats what i would tell her..

pfrsue · Postby **pfrsue** » Thu Aug 30, 2007 3:59 pm

The odds of him jumping over fences, breeding the mare, jumping back into the correct paddock with NO indication of anything being amiss? No dried sweat, no turf marks, no sign of wild stud whoopee? Yeah, something smells pretty bad.

Assuming that the mare foals within the correct time frame, I think I'd remind her about the "as is" clause, congratulate her on the free foal, and tell her that if she's that bound and determined to get registration papers out of an unsanctioned so-called "whoops" breeding, that must mean she's willing to cough up a stud fee. :wink:

Foggytrip · Postby **Foggytrip** » Thu Aug 30, 2007 4:59 pm

Call Maury Povich

EyeforGlory · Postby **EyeforGlory** » Thu Aug 30, 2007 5:20 pm

pfrsue wrote: Assuming that the mare foals within the correct time frame, I think I'd remind her about the "as is" clause, congratulate her on the free foal, and tell her that if she's that bound and determined to get registration papers out of an unsanctione so-called "whoops" breeding, that must mean she's willing to cough up a stud fee.

That is what I was thinking.

zinn21 · Postby **zinn21** » Thu Aug 30, 2007 5:23 pm

Foggy, LOL..

monicabee · Postby **monicabee** » Thu Aug 30, 2007 5:31 pm

Well, if she wants to pay a stud fee based on the results, then she would be entitled to a DNA test.

Why not suggest that and see how anxious she is to play.

Ah, I see now the same idea occurred to others.

winds · Postby **winds** » Thu Aug 30, 2007 5:35 pm

That sounds like your best plan of action. Also, tell her if she sues you, you'll counter sue for theft. She stole your colts semen!

winds

Marli · Postby **Marli** » Thu Aug 30, 2007 6:02 pm

"Im starting to think she is so positive he is the sire because she put her mare in with him while she was there during the day and we were gone. Honestly, this is the only way I think my colt could be the sire."

If the mare is bred and due to foal, timeframe 'fits', then in my opinion, this would be the most logical answer.

And if this is the most logical answer and your then 2 y/o colt is the sire, SHE OWES YOU for stud service or as someone else put it, THEFT of semen. She had no business putting the mare in with your colt while you were gone. Did she have permission from anyone to do so?

griff · Postby **griff** » Thu Aug 30, 2007 7:58 pm

what would be so awful about going alone with her request?/

griff

pfrsue · Postby **pfrsue** » Fri Aug 31, 2007 3:45 am

griff wrote:what would be so awful about going alone with her request?/

griff

The primary problem is that from the description of the farm set-up, it's practically impossible to believe that the mare was bred by accident. Oh, she'll never be able to prove that the mare's new owner endangered the colt and effectively stole a breeding, but that doesn't mean she's obligated to cooperate with the DNA or stallion report either, since it wasn't a planned or approved mating.

I'm sure if the colt had ever been in with the mare due to human error, or witnessed jumping out of his paddock to visit the other horses, (fence jumpers who get rewarded with nookie would definitely be prone to jump out again), it would be a whole different story.

Skipitgirl · Postby **Skipitgirl** » Fri Aug 31, 2007 5:59 am

The reasons I dont want to go along with it.

1. I dont believe my colt got out accidently, jumped a fence, or mistakenly was put in the wrong field (his stall is attached to his pasture with the door open 24/7 so no need to turn him out anywhere else)

2. The only people who handle our horses are my husband and I. If he had gotten out with the mares either one of us would have had to find him.

3. She wants ME to pay for the DNA test, the fee for filing a LATE stallion report, and the fee to list the mare with the AQHA! She paid $800 for the mare on payments!

Last night she called and offered to sell me the foal once it is born since it will be his only offspring (he is gelded now) for $2500! I told her I can buy grade horses for $100. She hung up.

Im just following my gut on this. It is usually right.

By the way, he is a gelding now, been in reining training since January and has won 2 of the first 3 classes he has been shown in with a 3rd place in the other (blew his flying change on 1 circle!) Going to Congress first week in October!

http://s59.photobucket.com/albums/g303/ ... ckturn.jpg

pfrsue · Postby **pfrsue** » Fri Aug 31, 2007 6:17 am

Ohhh, he's purty! No wonder she wants a registered foal by him!

Good luck at Congress!!!

Cathyleabo · Postby **Cathyleabo** » Fri Aug 31, 2007 8:10 am

I would report this incident to AQHA. This is theft, and fraud to boot.
I would be very, very cautious dealing with her.
People who will pull off this sort of stunt have no problems causing all sorts of problems with others reputations and finances!

Good luck, and be really careful.

Karie · Postby **Karie** » Fri Aug 31, 2007 9:52 am

I would tell her that you did not breed this mare to your stallion.
If she wants papers on the baby she is responsible for the DNA testing (which is of course REQUIRED) and the stallion service report costs.

Otherwise at the time the mare was sold she was NOT bred. None of this is your responsibility and she cant make it your problem.
If the mare was covered after she was sold (signed the sales contract) its her problem. Not yours.. Right?