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Richard, Attorney
Category: Business Law
Satisfied Customers: 53721
Experience:  32 years of experience practicing law and a businessman.
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We just bought a horse for $500. Had it checked out by the

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We just bought a horse for $500. Had it checked out by the vet and it is sound and strong. However, it was sold as a 7 year old, it has no papers or registration. It is listed as 7 year old on the Bill of sale signed by the seller. We now find, per the vet, that it is much older than 7, possibly 20 years old. Do we have any recourse?
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. Yes, you do have recourse due to the misrepresentation. What you want to do is raise the stakes on your seller so that your seller knows that not complying with your demands is going to cost far more in the end than simply giving you your refund now. You should send the seller a certified, return receipt requested letter detailing the situation and demand that he take the horse back and refund your money in total within a short specified period of time. Inform the seller that if your demand is not timely complied with, you will have no choice but to file a suit against him for your damages. BUT, be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as deceptive trade practice and fraud actions, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Upon winning your judgment, you can then attach any assets and/or garnish wages (unless you are in Tx, SC, NC, or PA which are the only 4 states that prohibit garnishment of wages) to collect that judgment.

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Customer: replied 3 years ago.

I am already thrilled with answer and will give you top rating. Just one follow up, even though the the vet says horse is older, since it is a horse with no papers is the vet's word good enough? We cannot actually prove it is older. Do we need the vet to put it in writing, or is it just ok for us to write them the letter saying we found out it is older?

Thank you...I appreciate that. The vet is considered an expert and the vet's writing and notarized so admissible in going to be sufficient to prove this. It's not like it's only a year or's 13 years so it's going to be pretty apparent to an expert like a vet. :)

And, thank you so much in advance for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is: