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  Neat Freak
Posts: 11216
  
Location: Wonderful Wyoming | r_beau - 2019-11-25 8:28 PM wyoming barrel racer - 2019-11-25 4:13 PM I just know some states have recourse in blatantly lying. Horse will stay because a 7yr old boy thinks he walks on water. If horse is going to stay, what are you going to take the seller to court for? A lot of times it is hard enough to win in court to get your money back and have seller take the horse back; but seems to me it would be even harder to KEEP the horse AND expect the court to award you money back on top of it. No real plans, just curious if there is legal reprecussions for misrepresentation. It's a small world and his name might get passed around as a turd.
Edited by wyoming barrel racer 2019-11-26 11:13 AM
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 Born not Made
Posts: 2931
  
Location: North Dakota | wyoming barrel racer - 2019-11-26 11:03 AM
r_beau - 2019-11-25 8:28 PM
wyoming barrel racer - 2019-11-25 4:13 PM
I just know some states have recourse in blatantly lying. Horse will stay because a 7yr old boy thinks he walks on water.
If horse is going to stay, what are you going to take the seller to court for?
A lot of times it is hard enough to win in court to get your money back and have seller take the horse back; but seems to me it would be even harder to KEEP the horse AND expect the court to award you money back on top of it.
No real plans, just curious if there is legal reprecussions for misrepresentation. It's a small world and his name might get passed around as a turd.
Legal reprecussions depend on if you are willing to take him to court, what you want to get out of it, and how much you are willing to spend. For most people, it's not worth the lawyer/attorney/court costs and time to pursue. Yes, some states might have certain a laws on this, but you also have to check into what your state defines as an "as is" sale. If your friend ACCEPTED the horse on your behalf, then sometimes it's a done deal, based on state law. If your friend had any qualms about said horse (such as the brand, as you mentioned) then friend should not have taken the horse and instead stopped/reversed the transaction at that point. It's always important for your "representative" to know what to do if something smells fishy. You are right that the horse world is a small world, and word usually gets around if someone should be avoided, but also understand your risk of libel, slander, or defamation for what you say, especially online. Obviously, we do not have all the details of what happened but that is something to be aware of as well. Ultimately, if you really want legal advice for your specific situation, contact an attorney! (which I am not....) |
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 Take a Picture
Posts: 12838
| Unless the suit is for more than $10,000 it would probably handled in small claims court anyway. |
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 A Somebody to Everybody
Posts: 41354
Location: Under The Big Sky Of Texas | Giving this a bump back up so just in case someone can answer your question on if KS has a law for this.. |
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Member
Posts: 21
| jd&ez - 2019-11-25 7:03 PM
wyoming barrel racer - 2019-11-25 1:36 PM
Does KS have any laws about misrepresenting a horse? Sound 14 yr old turned out to be a lame and blind in one eye 20+.
Do you have kind of contract in writing? Even a bill of sale?
You can win a case with little evidence when the error are so blatant that writing wasn't needed. I just won a case against a builder and all we had wasa simple contract that we both admitted we had changed verbally. But the bad work was so evident that we prevailed. And that was even with the guy who made the repairs saying he did not want to be called to testify. So we didn't call him.
It did cost me $1500 in legal fees. And that was a lawyer friend. He refused to pay after the judgement so we put a lien on his property. He paid in less that a week to get that lien off.
But you gotta have something for proof. A copy of the check and the sale ad at least.
Was this your barn builder? You can PM me if needed. Just curious! ?? |
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Neat Freak
Posts: 11216
Location: Wonderful Wyoming | NCCowgirl2018 - 2019-12-01 12:46 PM
jd&ez - 2019-11-25 7:03 PM
wyoming barrel racer - 2019-11-25 1:36 PM
Does KS have any laws about misrepresenting a horse? Sound 14 yr old turned out to be a lame and blind in one eye 20+.
Do you have kind of contract in writing? Even a bill of sale?
You can win a case with little evidence when the error are so blatant that writing wasn't needed. I just won a case against a builder and all we had wasa simple contract that we both admitted we had changed verbally. But the bad work was so evident that we prevailed. And that was even with the guy who made the repairs saying he did not want to be called to testify. So we didn't call him.
It did cost me $1500 in legal fees. And that was a lawyer friend. He refused to pay after the judgement so we put a lien on his property. He paid in less that a week to get that lien off.
But you gotta have something for proof. A copy of the check and the sale ad at least.
Was this your barn builder? You can PM me if needed. Just curious! ??
No sale ad. Just several text messages that say what his age is that he is sound etc. Like I mentioned, I don't have real plans of pursuing it, just food for thought I guess. I know there are states out there that are good about not letting people deliberatly sell a lame/etc horse. Curious if KS was one. I wouldn't think of doing this in a million years. The horse lucked out, that is all I have to say about that. He would end up a $300 kill horse most anywhere else. |
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 My Heart Be Happy
Posts: 9159
Location: Arkansas | wyoming barrel racer - 2019-12-01 8:35 PM
NCCowgirl2018 - 2019-12-01 12:46 PM
jd&ez - 2019-11-25 7:03 PM
wyoming barrel racer - 2019-11-25 1:36 PM
Does KS have any laws about misrepresenting a horse? Sound 14 yr old turned out to be a lame and blind in one eye 20+.
Do you have kind of contract in writing? Even a bill of sale?
You can win a case with little evidence when the error are so blatant that writing wasn't needed. I just won a case against a builder and all we had wasa simple contract that we both admitted we had changed verbally. But the bad work was so evident that we prevailed. And that was even with the guy who made the repairs saying he did not want to be called to testify. So we didn't call him.
It did cost me $1500 in legal fees. And that was a lawyer friend. He refused to pay after the judgement so we put a lien on his property. He paid in less that a week to get that lien off.
But you gotta have something for proof. A copy of the check and the sale ad at least.
Was this your barn builder? You can PM me if needed. Just curious! ??
No sale ad. Just several text messages that say what his age is that he is sound etc. Like I mentioned, I don't have real plans of pursuing it, just food for thought I guess. I know there are states out there that are good about not letting people deliberatly sell a lame/etc horse. Curious if KS was one. I wouldn't think of doing this in a million years. The horse lucked out, that is all I have to say about that. He would end up a $300 kill horse most anywhere else.
I hope your son and that "walk on water" horse have many good years and memories to come  |
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Expert
Posts: 1956
Location: Ky | NCCowgirl2018 - 2019-12-01 1:46 PM
jd&ez - 2019-11-25 7:03 PM
wyoming barrel racer - 2019-11-25 1:36 PM
Does KS have any laws about misrepresenting a horse? Sound 14 yr old turned out to be a lame and blind in one eye 20+.
Do you have kind of contract in writing? Even a bill of sale?
You can win a case with little evidence when the error are so blatant that writing wasn't needed. I just won a case against a builder and all we had wasa simple contract that we both admitted we had changed verbally. But the bad work was so evident that we prevailed. And that was even with the guy who made the repairs saying he did not want to be called to testify. So we didn't call him.
It did cost me $1500 in legal fees. And that was a lawyer friend. He refused to pay after the judgement so we put a lien on his property. He paid in less that a week to get that lien off.
But you gotta have something for proof. A copy of the check and the sale ad at least.
Was this your barn builder? You can PM me if needed. Just curious! ??
No, I would have never had that problem with the Howards. This was a deck and sunroom. They don't do that kind of work. If they did then they would have had the contract and we wouldn't have had the problems. This was a builder referred to me so I didn't check further. I should have. I'm just one in a long list of dis-satified customers. But the first to take him on in a legal setting. My lawyer advised me to not proceed. Not because we were wrong but he felt the guy would file bankruptcy if we did win and I would just be out more money. So I paid him a $1500 retainer with the understanding that once that used up and we had no relief I would stop the bleeding. But we won without using the whole $1500. Then we put a lien on his property when he didn't pay. He couldn't pay fast enough then. I suppose a builder with a lien on his property is behind the 8 ball? |
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 Extreme Veteran
Posts: 575
| r_beau - 2019-11-25 8:28 PM
wyoming barrel racer - 2019-11-25 4:13 PM
I just know some states have recourse in blatantly lying. Horse will stay because a 7yr old boy thinks he walks on water.
If horse is going to stay, what are you going to take the seller to court for?
A lot of times it is hard enough to win in court to get your money back and have seller take the horse back; but seems to me it would be even harder to KEEP the horse AND expect the court to award you money back on top of it.
I know a girl in who bought a mare off the track without xrays. She was naive and didn't even know she should probably get xrays. Surprise surprise, too much horse for her, so she sold her in an honest ad, with a contract stating the buyers had a week to do a PPE and return the horse if she didn't "pass". 30 days go by and the mare comes up lame. They take her in to the vet and find that she had at one point had surgery on a splint. They insist on returning the mare for a refund and say she will "never be competition sound." Seller says no, you took longer than agreed upon in the contract. They swore that the seller had the surgery done and had failed to disclose it, based on, maybe their gut feeling??? They sued, and even though the seller had every vet record under her name released and proved that she did not have the surgery done on the mare, the buyers WON. Her papers had to be signed over, they got some of their money refunded. And wouldn't you know it, they're now running the mare who would "never be competition sound." So moral of the story, if you could take this case to the backward CA court system, you'd be golden.  |
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