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Rad Dork
Posts: 5218
 
Location: Oklahoma | SoonerLawyer - 2014-02-27 8:06 AM Just a word to the wise. . "Buyer beware" is not a solid defense, because most of the time, a case is not black and white. If a buyer has informed you that they are purchasing a horse for a particular purpose, and it turns out that the horse will not work for that purpose because of some condition that you were aware of and did not disclose (and in some states, even if you did not know, but should have known), then they have cause to sue you for fraud and misrepresentation. And even if you come out ahead in the suit, you are still going to pay a lot of legal and court fees, usually in the thousands of dollars. And your horse's vet records will be subpoenaed and all the messy business that you knew will be on full display for a jury of people who know nothing about horses, only that you were aware that your horse was a hot mess and you sold it to poor so-and-so and laughed all the way to the bank. So, as a seller, I would consider everything that you would want to know if YOU were buying this horse for the purpose that you are buying it, and be as honest with potential buyers as you would expect from them. And put it in writing.
Is this the case in Ok?
I think my aunt (who is an attorney) had a case once of a girl who bought a barrel horse (I can't remember if it was in Texas or Oklahoma) and I don't know if she did a vet check and something "didn't show up" (maybe the vet was paid off?) or the previous owner didn't disclose the information but the horse had serious problems and I don't think they just occured overnight.... I'm not sure what happened or how it ended up... just curious about Ok laws.
I HATE being on the market for a new horse...and now that I'm doing it on my own (not my parents making the final decisions) it's even more nerve wrecking! | |
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 Veteran
Posts: 224
Location: Southern OK aka God's Country | Longneck - 2014-02-27 11:40 AM
SoonerLawyer - 2014-02-27 8:06 AM Just a word to the wise. . "Buyer beware" is not a solid defense, because most of the time, a case is not black and white. If a buyer has informed you that they are purchasing a horse for a particular purpose, and it turns out that the horse will not work for that purpose because of some condition that you were aware of and did not disclose (and in some states, even if you did not know, but should have known), then they have cause to sue you for fraud and misrepresentation. And even if you come out ahead in the suit, you are still going to pay a lot of legal and court fees, usually in the thousands of dollars. And your horse's vet records will be subpoenaed and all the messy business that you knew will be on full display for a jury of people who know nothing about horses, only that you were aware that your horse was a hot mess and you sold it to poor so-and-so and laughed all the way to the bank. So, as a seller, I would consider everything that you would want to know if YOU were buying this horse for the purpose that you are buying it, and be as honest with potential buyers as you would expect from them. And put it in writing.
Is this the case in Ok?Â
I think my aunt (who is an attorney) had a case once of a girl who bought a barrel horse (I can't remember if it was in Texas or Oklahoma) and I don't know if she did a vet check and something "didn't show up" (maybe the vet was paid off?) or the previous owner didn't disclose the information but the horse had serious problems and I don't think they just occured overnight.... I'm not sure what happened or how it ended up... just curious about Ok laws.Â
I HATE being on the market for a new horse...and now that I'm doing it on my own (not my parents making the final decisions) it's even more nerve wrecking!
There's not technically a "law" in Oklahoma or any state that governs the sale of horses, it's really just a basic breach of contract/fraud/misrepresentation claim that could cover any type of transaction. Where the "law" comes into play is the precedent that has been set by the courts in dealing with these particular fraud cases, the facts of the cases and how they fell out. Without doing some research, I am not sure what precedent Oklahoma courts have followed with regard to whether the seller should have known of defects, but I think the majority of courts are hesitant to impose that stringent of a duty on a seller (I don't remember what state those cases were in, but it seems like it was a race horse case). More than likely, unless you blatantly knew and/or actively covered up an issue, and the buyer purchased the horse based on those misrepresentations, you are probably not going to be held liable because the bulk of the duty to investigate is placed on the buyer. That being said, given the right judge, the right jurors, and the right attorneys, it's really a crapshoot in the legal system. And in the end, you will be out a lot of money. The point here is don't put yourself in the position to be sued, because once you are, you have no choice but to hire an attorney to get you out of the mess.
Here is a useful link for anyone who wants to fall asleep at night: http://www.equinelegalsolutions.com/legallandscapeofhorsesales.html
And I'm going to try to attach a pdf, hopefully it will work. If it's not there, it didn't work.
Attachments
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 article_mmeuser01[2].pdf (15KB - 226 downloads)
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Member
Posts: 18
| I once saw an add on Craigslist "One Eyed QH W/ Gimpy Leg, But Perfect Riding Horse!!"
Almost Completely Honest lol 
Edited by Gocowgirl7 2014-02-27 1:09 PM
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 Always Off Topic
Posts: 6382
Location: ND | more folks should read Ben Green.......myabe they would understand how to get more enjoyment out of things.... | |
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