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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4788
Experience:  Experienced in both state and federal court.
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A bought a horse from B in as is condition. The day before

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A bought a horse from B in 'as is' condition. The day before delivery B informed A about an 'abscess' on the horse's right foot so the horse may be sore. A put the horse up with a professional trainer and the professional trainer cannot find evidence of abscess. A professional farrier came and did not note abscess. The horse was still walking sore after a month. A contacted B about returning the horse. B said that she's never had a problem with the horse so they came by A's farm to check out the horse. Meanwhile, A's trainer had a talk with B and B admitted to A that B knew the horse was lame and not entirely sound. B also admitted to the trainer that she knew there was no abscess. B will not buy back the horse but will take the horse back for free. Does A have legal recourse against B for misrepresenting information regarding lameness, despite A agreeing to take the horse 'as in' condition

Chris T., JD :

Good afternoon. I'll be assisting you with your question.

Chris T., JD :

The botXXXXX XXXXXne up front is this: making an "as is" sale does not give the seller license to make misrepresentations about the condition of the item being sold, in this case, a horse.

Chris T., JD :

So, yes, A does have legal recourse against B. A should sue for breach of implied warranty, fraud, misrepresentation, and breach of contract.

Chris T., JD :

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