Well, a seller cannot lawfully sell what he or she does not own, but even in this apparently simple transaction "good contracts make good neighbors." A good contract would have a representation and warranty that the seller owned the horse and had the right to sell it, that the sale did not breach some other contract, etc.

You have the right at law to "request an assurance" that the seller can perform in good faith under the contract. This would be in writing. Also, under Arizona law the seller must provide complete and accurate information regarding the subject matter of sale if it is a commercial transaction, e.g. think of the "disclosure document" relating to the sale of the house.

Based on what I know the transaction appears fraudulent - or the seller needs a power of attorney or some grant of authority from the rightful owner.

I wouldn't pay anything based on the current state of affairs and if you already have then I would sue for rescission or breach.

Business attorneys are worth their weight in gold in business transactions. If you need a business lawyer in Phoenix let us know.

Good luck.

Law Offices of Donald W. Hudspeth, P.C.

3030 North Central Avenue, Suite 604

Phoenix, Arizona 85012

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As a Franchise Attorney I must ask that you repost your attorney question with more detail. If the Seller is not the legal owner, who is? How will you get legal title? What are you trying to address? What papers are you talking about? Please repost or consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation