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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117375
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I purchased a registered, finished, barrel horse in Ocala,

Customer Question

I purchased a registered, finished, barrel horse in Ocala, Fl in August 2013 for the sum of 12,000.00. When papers were not produced, was told he couldn't find at the moment, I
withheld 2,000.00. The 2,000.00 was to be paid upon producing the registeration (AQHA) papers. This was to be done in 3 months. Agreement was signed by both parties. Later
told horse had never been registered and DNA would have to be pulled. With pushing this
was done and in late Nov. early Dec. papers were provided, registered to me. However during this time, within the 1st wk of getting this mare to my barn discovered this mare'
was not finished and as a matter of fact had a serious pattern issue. Daughter of seller was contacted serveral times by rider and each time rider was blamed. Owner did not ride however he was made aware of issues. I stated I would return mare but wanted a
refund of $10,000.00 no response except from daughter (I don't want to get involved,
She had suggested we send mare to cutting training.) This mare had a value of less
than $3,000.00 as it stood. I made a financial decision to send mare to a trainer and
attempt to "fix", did for a period of 5 months at a cost of $4,000.00-$6,000.00. I have
worked with this mare now for 21 months. With all this expense and rider working with
mare she is getting better daily. Now, within the last 4 days I received a letter from the
previous owner he was going to file in small claims court in Ocala for this $2,000.00. I
personally feel I owe him absolutely nothing. The mare's registration, ownership papers,
are in my name. What happens now. Thank you.
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
This is a breach of contract, under FL law you have 4 years on an oral contract to sue and 5 on a written contract. Because they sold you a horse with a quality they knew it did not have, these people are liable to you for the damages you suffered as a result of their breach.
You have a basis to sue the seller for their misrepresentation of the qualities of the horse and you are entitled to get all of your money spent back, including the money you spent trying to train the horse after the fact.

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