Legal Question in Civil Litigation in California
purchased lame horse (misrped)am I stuck with it?
I purchased a horse that was presented to me "dru
gged" and as only lame when ridden hard "three days in a row". The horse was lame every day for three weeks, at wich time I returned it to the seller and asked for my $500.00 back. I had phone conversations with the seller as early as 3rd day from purchase, stating the lamness. I was told to give the horse more time do to new shoes. Seller has had hores three months and says he must sell it to pay me. I'v been reading all papers,he's not advertising.Any case law on lame horse sales? Do I have a leg to stand on in small claims? Help Please. I was told its illegal in Calif can't find any where. Can he take his time to pay??
The horse was for my daughter, I had hoped to replace it for x-mas and asked this of the seller, He is being dishonest and says he told me the horse was dead lame and that he dose not have to pay.
2 Answers from Attorneys
Re: Lame Horse
In addition to what I wrote in my previous answer, you may be able to make a claim for fraud if you can show that the seller intentionally misrepresented the horse's condition. I think a fraud claim would be more complicated than necessary if all you want is to get your $500.00 back (and especially if the seller can't pay higher damages anyway), but it is another option you have available.
Edward Hoffman
Law Offices of Edward A. Hoffman
11620 Wilshire Boulevard, #340
Re: Lame Horse
A purchaser is expected to find any obvious defects with the purchased goods, even if the goods are in the form of livestock. However, it seems you did this and were misled about the cause of the lameness. If the seller lied to you, then you can sue for breach of warranty -- the seller warranted that the lameness was temporary due to medication, and this warranty was breached.
I think you have a good case for small claims court.
Edward Hoffman
Law Offices of Edward A. Hoffman
11620 Wilshire Boulevard, #340
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