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rvlaw, Attorney
Category: Business Law
Satisfied Customers: 8386
Experience:  NYC Trial Attorney 30+ years; Law professor ; BUSINESS LAW; CONTRACTS; TORTS; Arbitrator
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I sent a check to a person for a deposit on a ...

Customer Question

I sent a check to a person for a deposit on a BROKE gelding horse to hold until I got to go and look at him. Well the horse is no where near BROKE and they have cashed my check and wont give me a refund. What kind of legal grounds do I have to stand on. Do I need to go and get the horse to hold until I get my money back or what? Thanks
Submitted: 9 years ago.
Category: Business Law
Expert:  rvlaw replied 9 years ago.


You can't take the law into your hands and take the horse. You can be arrested for theft. But you are entitled to your deposit back. If it is below the small claims limit in your state you can do it yourself without a lawyer. What state and what is the deposit amount?


Customer: replied 9 years ago.
Reply to rvlaw's Post: Texas, and the amount was $500 wich is the original purchas price of the horse.
Expert:  rvlaw replied 9 years ago.
rvlaw and 3 other Business Law Specialists are ready to help you
Customer: replied 9 years ago.
But if the deposit amount is for the same price that the horse was for sale in the first place and I have a affidafit/bill of sale wouldnt that mean that the horse would legaly be purchased?
Expert:  rvlaw replied 9 years ago.

Not if the sale was subject to your inspection....which it was. You did inspect and the horse was NOT as represented so you can get a refund.


Customer: replied 9 years ago.
So going and getting the horse would not do me any good. Ok thank You!
Expert:  rvlaw replied 9 years ago.

You can't do that legally. Under our judicial system, you can only sue for a refund. Sorry.