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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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I sold a horse with out contract .00 in June of this year. I

Customer Question

I sold a horse with out contract for 1000.00 in June of this year. I agreed to accept payments. Advised buyer verbally, I did not want this to drag out past 3 months. He has paid 200.00 every month for 3 months and nothing since August. I have informed him that he will need to pay for feed and he agreed. I cost 15 per week to feed this horse. I have stayed in contact with him via text message. That last I texted him was giving him a 30 day notice to pay in full plus the cost of feed or the animal becomes my property again. Can I legally do this????
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am sorry to learn of this situation.

Unfortunately without a written contract with a termination clause in it, you cannot do this (at least not to make it enforceable).

Your remedy is to sue the buyer for breach of contract in small claims court.

However, you can try mediating the matter first (contact your local bar association and ask for referrals to third party neutrals).

If you and the buyer can reach an agreement to terminate the sales agreement without needing either litigation or mediation to do so, I would highly recommend that you do so in writing (it does not have to be very formal for this kind of contract ($1,000.00 is not a huge contract), but I would at least get it in writing, and have both parties sign it so that there is no confusion later on.

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