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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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