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Ask Tina Your Own Question
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I need to ask a few questions. Thanks

Customer Question

Hello, I need to ask a few questions. Thanks
Submitted: 1 year ago.
Category: Legal
Expert:  N Cal Atty replied 1 year ago.

What are your question?

Customer: replied 1 year ago.
I have a American Saddlebred breeding business here in Maryland and placed an add to sell my Blue Roan stallion online on a classified add. I listed him as a 17.3 Purebred Blue Roan stallion with a wonderful dispositon. I had a guy in Spokeanne Washington that answered the add. I had him listed for $3,000 and he said with the shipping he could not afford the $3,000 so i lowered the price to $2,000 for him. He then agreed to purchase him. I also offered to help him find a shipper which i did for $1600 to ship him from our farm to his in Washington State. Sad to say the shippers were horrible and somehow during his trip to Spokeanne Washington somone wacked his tail and his mane. When the horse arrived he immediately called me and ask me if i had cut his mane and tail and I said no. He then said he was going to get legal help and call an attorney. Yesterday and its been about 1 month since he has owned the horse kept calling me and finally I had a chance to call him back he sent me this horrible note. Message... I did not know that the horse was 15.3 hands and had him listed for 17.3. Please note that i did have him sign a bill of sale stating he was buying the horse as is. I did not know that Spotz was 15.3 due because the previous owner said he was 17 hands. Please tell me what i should do. The man said that he has an attorney like a bull dog? Below is the message he sent me yesterday. I should not be resposible for all of this. I sent him an email yesterday offering to buy him back for the $2,000.Attached is his email.Please tell me what i should do.
Thank you for your help.
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
I have not got my response.
Expert:  N Cal Atty replied 1 year ago.

Did you take any photos of Spotz at the time he was shipped?

Customer: replied 1 year ago.
I do have photos of him before he was shipped. That is not the issue now he is trying to make me pay a fee of $1075.00 for damages because the horse is not 17.3 he is 15.3. He said that he would have not bought the horse if he had known that he was 15.3 hands and he does not fit his breeding program of his warmblood mares. He waited a month to tell me that after he spoke to his attorney and his attorney said that they could not do anything about the fact that the shipper cut his tail and mane during the trip from Frederick Md to Spokeanne Washington. He is telling me that I should not have said that the horse was 17.3 but I did not know that because the previous owner had told me that he was and he is very tall. I know that its my mistake for not measuring him but with my mother's passing in September it has been very difficult for me to get things done as I normally do. Here is his letter from yesterday, asking me to pay him $1075.00. I don't feel that I owe the man anything and wished that I had never sold him the horse. I even took $1,000 off the price to help him out because his shipping was going to be $1600.00 I even found the shipper for him. See what I get for being nice?Thank you
Expert:  N Cal Atty replied 1 year ago.

The problem is that you misrepresented the height of the horse.

You could offer to rescind the contract, get the horse back and refund the puchase and shipping cvosts, but that would probably cost more than accepting his current offer.

What do you want to do?