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Hi There, I have a question regarding a horse. I was given…

Customer Question

Hi There, I have a question...

Hi There,
I have a question regarding a horse.
I was given a horse for a months trial and if I liked him I could lease him with first right of purchase for $10,000 including all gear (there was no time limit put on this). At that stage the owner was "only concerned about the home, not the money". We then had an amazing season culminating in winning the 2012 Horse of the Year. Obviously due to the effort and time I put into the horse his value increased significantly. I agreed to buy him at the price that she stated at the beginning of our relationship. But she has decided that due to his increased value I can purchase him at half his market value, which she considers to be $30,000 so I will be paying $15,000.
What I want to know is, even if I have no signed agreement from her saying I have first right of purchase at $10,000 I do have it in a facebook message, with her name and date when it was written and myself agreeing to it.
Would I have some kind of case against her?
If not could I invoice her, as I do all my clients for the work done on the horse throughout the season. This would come to between $5-6,000 which would then cover the extra she wants me to pay.
The horse is still currently on my property.
Any help would be much appreciated.

Submitted: 10 years ago.Category: New Zealand Law

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Answered in 14 minutes by:

5/10/2012

Solicitor: Chris The Lawyer, Lawyer replied 10 years ago

Chris The Lawyer, Lawyer

Category: New Zealand Law

Satisfied Customers: 32,271

Experience: 42 years qualified as a lawyer; LLB, MMgt and FAMINZ.

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christhelawyer :

Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear

christhelawyer :

If you have a contract in this form then that is the purchase price. She cannot unilaterally agree to increase the price. So you should perhaps tell her you are ready to settle at the agreed price and offer to pay.

JACUSTOMER-r9qnalpm- :

I dont have a contract though, just what was agreed to on facebook... is that legally binding?

christhelawyer :

If she tries to insist on a better price send her a cheque and see if she accepts this. If not, then she would have to try to sue you for the price but would be unlikely to succeed if you have the evidence in writing (even on Facebook) This is just as good evidence as a conventional contract

JACUSTOMER-r9qnalpm- :

Should I send her a message saying the I have sought legal advice and that our facebook conversation is legally binding and tell her im willing to pay the $10,000, no more than that, or I will take it further

christhelawyer :

That would be a good start

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