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Loren, Attorney
Category: Business Law
Satisfied Customers: 28563
Experience:  30 years experience representing clients .
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Recently I viewed and put a deposit on a horse that was advertised

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Recently I viewed and put a deposit on a horse that was advertised in a sales brochure. My deposit check was cashed by her sales agent/horse trainer. The owner flew out to the farm a few days later, now has decided she wants to keep the horse. Do I have any recorse on this matter ??
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to answer your question and provide you excellent service.

Before we begin, a bit more detail would be helpful please.

Did you and the seller, or seller's agent, sign any agreements regarding the sale?

Were all terms agreed upon before the sale was cancelled?

Do you want to complete the sale or just get your deposit returned?

Thank you.

Customer: replied 3 years ago.

There was a letter I sent for a refundable deposit when I sent my check under the conditions that I see him up close and personal, as they were unable to catch him the day of the viewing, and that my husband gave the OK. . I received an email stating the agent would not sell him from under me as the had others coming to look at him.


No terms were not agreed upon as I still would like to purchase the horse.


Thanks Jennifer

Thank you, XXXXX XXXXX the additional information.

I am sorry to hear of your dilemma.   I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

With regard to enforcing a sale where the seller is in breach of contract there is an equitable remedy called "specific performance" in which the court force the seller to follow through with the terms of the sale contract.

Unfortunately, in the facts you have presented, it does not appear that you and the seller ever reached the point where there was a legally enforceable contract which was entered into between the parties.

However, you are absolutely entitled to the return of your deposit if the sale does not go through. You may want to leave your deposit in place if you believe the negotiation will continue and there is still a chance to salvage the transaction.

Otherwise, send a demand via certified mail formthe return of the deposit.

I am sorry. I realize this is not the answer you were hoping for. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's position, but accurately reflects their position under the law. I hate it, but it happens and I ask that you not penalize me for having to deliver less than favorable news.

It is my privilege to assist you. Let me know if you need further information.  I hope I have helped you beyond your expectations in the service I have provided to you.  I am here for you.

Please remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested.

If you feel the need to provide a low rating, please stop and reply to me via the REPLY button with whatever issue or clarification you may need. I will happily answer your follow-up questions and assist you until I am able to explain the answer to your satisfaction. Please also remember that I cannot control whether the law is favorable to your situation, so please do not penalize me for having to deliver bad news.

Thank you.

Loren and other Business Law Specialists are ready to help you
Customer: replied 3 years ago.

Wouldn't the fact that I agreed to the asking price, and sent a deposit check constitute an agreement??

Thank you, Jennifer, for following up.

Unfortunately, merely sending in a deposit with conditions does not create a legally binding sale contract. The advertisement would be construed as the invitation to make an offer, much in the same way as house is listed on the market. A buyer is considered to be submitting an offer, rather than accepting a seller's offer, even if at full asking price. It is not considered a binding contract until the seller accepts that offer by signing off on the agreement.

It appears that the same thing applies to your transaction.

I hope this helps clarify my answer.

Thank you.

Thank you, Jennifer, for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "JudgeLaw" or use the following link (which you can bookmark in your browser):

Best wishes and good luck to you.

If it is not too much trouble, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please do rate me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.

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