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Roger, Attorney
Category: Legal
Satisfied Customers: 31788
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I adopted out my horse to new owners, she signed a contract

Customer Question

I adopted out my horse to new owners, she signed a contract that's says I can check on my horse at anytime and do home visits to make sure she is safe and taken care of. However when this person signed the contract she knew she was not going to tell me where my horse was going or that I could check on her.
So the contract was signed with breach of contract due to fraud. How can I get my horse back?
I have filed an order of possession and the judge rejected the claim and papers to that effect have been mailed to me, I'm waiting on them now. Please help me get my horse back, she didn't want to go and I've been under tremendous strain and made a very rash and wrong decision. What can I do?
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.
Hi - my name is ***** ***** I'll be glad to assist. Your cause of a action would likely be for specific performance, which is a request to the court to force the buyer to comply with the terms of the agreement.....and if the buyer fails to do so, you could hold her in contempt of court. You could also claim that the contract terms that allows you to check on / visit the horse were a condition precedent to you entering into the contract, and that if the buyer fails or refuses, that you should be able to cancel the agreement and recover your horse/return the purchase price.
Expert:  Roger replied 1 year ago.
Proving fraud is a very difficult thing because it must be proven with specificity and with compelling evidence --- that can sometimes be impossible to prove.
Expert:  Roger replied 1 year ago.
That's likely why your claim was denied -- because the proof required is so difficult.
Expert:  Roger replied 1 year ago.
Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!
Expert:  Roger replied 1 year ago.
IF you have any additional questions, just let me know and I'll respond as soon as possible. Thanks.
Expert:  Roger replied 1 year ago.
Have a great evening.