The Horse Forum banner
Status
Not open for further replies.

Being Sued

33K views 120 replies 53 participants last post by  Speed Racer 
#1 ·
I recently sold a horse to a man in another state. He was determined he wanted THIS horse...and wanted me to deliver it too. I asked him to please come see the horse and try him out but he stated he was in NY and would not be back in GA for a week but after emailing pics and a short video he said he wanted him and I asked or a deposit PLUS cost of vet check up front (feeling leery he was being so demanding) Emailed him a contract he printed, signed and overnighted with a check for deposit but not for vet check. We had a conversation thru texts and via phone because I was not comfortable he was already breeching contract. He stated he was upset over deposit amount and REALLY wanted this horse for his daughter so asked how we could work thru this issue. I finally broke down and agreed to accept remainder of payment and vet check fee PLUS hauling fee (which was VERY MINIMAL...$150 for a 5 hr drive ONE WAY!!) when we brought the horse to him. We showed up as planned Saturday (a little early and waited for over and hr for him to arrive. We unloaded the horse AFTER he arrived and he and his teenage daughter did not even have a clue what a lunge line was, as they bought one thinking it was a lead line. I told this man over and over that I will NEVER claim a horse is bomb proof or child safe because it is an animal with a brain and 4 legs. We lunged the horse, trotted him up and down the road and his daughter took the horse for a walk thru the fields. We were there a good hour with him and the horse and he never voiced a concern about the horse. Just as we are getting back home (5 hrs later) he calls and says the horse is lame!! I asked what happened to him and he said nothing, you sold me a lame horse!!....for hours afterwards he harrasses me and my vet that did the vet check, threatening and harrssing us finally stating in a text his daughter was thrown from the horse and he just cant have her getting hurt so "come get the horse". He stated he had a 3 day period in which to return the horse. I have never heard of this. He then claimed I was a "horse BUSINESS" and he was a CONSUMER and I HAVE TO REFUND HIS MONEY and come get the horse!! First I do NOT operate a horse selling business. This was a horse I was aquired and I am a mare type person. He was too big of a horse for me as well as a gelding. He never showed signs of lameness with me or his former owner. Now this man is suing me for violating the Tennessee Consumer Protection Act. How is this possible??? Im not a business. He signed a contract with NO warrantees or guarantees and my vet found the horse sound just days before the trip. ....I do not even know how to go about finding a lawyer for this issue.....HELP!!! I feel it is buyer beware and his daughter is afraid of the horse and now I am getting sued because he has money. Suggestions???? OH yeah and I kept ALL his emails and texts too!!
 
See less See more
#2 ·
You need a lawyer.

Not trying to assign blame but why would you go through this sale? The guy didn't seem to know much if anything about horses, his daughter doesn't either, and the horse isn't even kid friendly and it's the daughter the horse is for.

In many states when you sign a contract for something you have 3 days to change your mind. I think it applies to things like gym memberships - not horses. An equine lawyer is what you need.
Posted via Mobile Device
 
#4 ·
Oh and i ran into a similar incedent. He is saying the "Horse business" thing because it changes the legal aspect of the sale most likely. Under VA law all horse sales are immediate and AS IS, UNLESS you are a horse professional. Of course the law doesnt define what a Horse professional is. So thats gonn abe the argument point. Have you ever filed a tax return listing Horse income or expenses ?
 
#5 ·
this man is suing me for violating the Tennessee Consumer Protection Act. How is this possible??? Im not a business. He signed a contract with NO warrantees or guarantees and my vet found the horse sound just days before the trip. ....I do not even know how to go about finding a lawyer for this issue.....HELP!!! I feel it is buyer beware and his daughter is afraid of the horse and now I am getting sued because he has money. Suggestions???? OH yeah and I kept ALL his emails and texts too!!
Have you been served paperwork or is he just telling you he is going to sue you?
 
#6 ·
The one thing I am going to point out is you should NEVER use your vet for the pre purchase exam. That is a big NO NO. You want an impartial vet that has no ties to you or your horse.

I would consult some legal council but I would be concerned for the horses welfare so I may handle it differently as you sound just glad to be rid of the horse. I would never sell a horse with out someone coming to look at it and meeting them.

I would go get it and charge probably a 1.50 cents a mile (or what ever going rate is) for the delivery and pick up and send the balance back.
 
#7 ·
The horse IS kid friendly and had been shown by a young girl prior to me owning him and trail ridden by several kids too and I have a STRICT rule of never telling anyone a horse is DEAD BROKE, BOMB PROOF or KID SAFE because this is an animal and they have a brain and 4 legs and ANYTHING can happen.......I did not know they were NOT horse smart till I met them...he lied a good game and as they untangled the new lunge line and said WOW this is a LONG Lead line I knew.....They were boarding him at a very nice barn that looked to be a english jumping barn and said she was taking lessons there. I stated both in my ad and over and over that this was a WP and trail horse. NEVER guaranteed him to be a guaranteed show horse now either....I didnt really use "MY" vet I used a vet in the area. He had pulled Coggins for me a few months back and this guy wanted this done FAST and he was the first vet that could get it done within this man's time frame. Its not that I hated the horse. I just felt he was not what I wanted or would use. and yes...I was served with papers being sued ...me and the vet last week...trying to find a lawyer that wont break my bank =(
 
#8 ·
My point was that if you had met them and watched them ride you would have seen they weren't horse people and you could have declined the sale if that was a deal breaker for you. How much money are you talking? If it is a small amount don't waste your time on a lawyer just go to court and let a judge decide or take the horse back and deduct some reasonable fees as I mentioned before. That sounds like your best options to me.

Usually he would have to file in your town but since you delivered the horse you might have to go to his town and spend all that time driving again.

It is also customary for the buyer to contact a vet and pay them directly and leave you out of the loop. That way they are also in control of how much they want checked and how much to spend.
 
#9 ·
I know that hindsight is 20/20...

but I have to wonder if the whole thing was a scam from the get-go? The whole story of buying out of state and exchanging checks for incorrect amounts and needing THIS horse RIGHT NOW is the same pattern many other scammers use with different sorts of products. (I have never heard it being done with a horse before!)

Plus - the buyer is awfully quick with his lawsuit...

I'm wondering if you can contact someone in law enforcement or government agency to report this? I know that the FBI investigates certain kinds of buying/selling fraudsters...
 
#11 ·
This is more subbing purposes as I would like to see the outcome. You've got some good comments from the members to help you follow up on things. I'm not from your country so am unfamiliar with the legal system (heck I don't even know my own country's) but an initial consult with a lawyer is probably the way to go and he/she should be able to give you some advise on whether you tackle him in court if your case looks strong or pay out to minimize your costs (which sucks I know). Have you touched bases with the vet that's been sued? Is there an opportunity for a joint defence (if that's legally allowed)?
 
#13 ·
HInd sight is 20/20 and I wondered asbout the scam as well. He paid $3000 for the horse and is now suing me for $25,000!!!! I feel soooooooooo stupid and decieved =( He asked for and spoke directly with the vet on the phone as well before we delivered the horse too. I begged him to come ride the horse but he kept saying he was in NY on a business trip....FYI he is SVP for the "Medicine's Company" and told me he will spend whatever it takes to make me PAY for this!!! I have multiple threats via phone message, texts and emails from him. He filed in MY home town. He lives in GA and hired an attorney who lives in TN 3 hrs from me....it all just seems sooooooooooooo wrong.
 
#15 ·
Hmmm....

I wonder if he is trying to scare you into settling the lawsuit by refunding all his money? or if he thinks you have deep pockets?

Can you contact Tennessee Consumer Affairs? 1-800-342-8385
See if they can direct you to someone who can help defend against this (possible) scam...
 
#16 ·
Save every message he sends you!!!!
Do not respond to him in anyway!! Call an attorney and ask for a reference to an attorney familiar with equine law. Don't post any more case specific information on this forum about him or this deal. No one here can help you stop this guy from railroading you into court for what appears to be a fraudulent transaction. When you file your counter charge be sure to file for court costs as well.

Get Professional Help Now!!
 
#17 ·
And stop discussing this with anyone other than YOUR attorney. Anything you say and or write about this can be used in court and can come back to bite you. From now on, no comment and when he tries to talk to you, threaten you via e-mail or cell phone, refer him back to your attorney and refuse to talk to him. Only answer you give from her on out is "My attorney is......XXXXX, his phone number is...XXXXXX, do not contact me again, all discussion and correspondance is to be handled by attorney(s)." And don't get sucked in, period.
 
#19 ·
I'm with the others - tell him to speak with your attorney at any time he tries to contact you. He is trying to intimidate you, and as the others have said I believe this was a scam from the getgo. I know hindsight is great, and you are kicking yourself for going through with it after the initial hesitation; but what is done is done and you can't change it. All you can do is follow the proper channels and trust that karma is going to kick this man's butt.

If you have done nothing wrong, and the vet has done nothing wrong, you have nothing to be afraid of. As was mentioned, keep record of EVERY text, email, call. Keep a journal of do not miss a beat. Make sure when you do go to court that you look for your legal fees.

I do wish you the best of luck, and I hope you can eventually come back and let us know that you sorted out this scheming toad.
 
#24 ·
He can sue for whatever he wants. The judge decides what he would be awarded if he were to win.

You have heard about the woman who sued McDonalds when she spilled her own coffee? She was awarded $2.7mil + $160,000 in medical bills. The judge later reduced it to a confidential settlement upon appeal.
Yes, you can put any number on a frivalous law suit, but his nubmers are baseless.

This shister is trying to intimidate you with big numbers.

There is no pain and suffering involved.

Pain and suffering, loss of use, loss of income is where the big bucks come in.
 
#23 ·
Welcome to "I refuse to be held accountable for my dumb actions, I blame you."

Unfortunately there are some folks new to the horse world that think that buying a horse is like buying a microwave at WalMart, if it doesn't work right- take it back, rather than doing the homework and finding a knowledgeable horse to aid in the search for daughters "my little pony".
I wish you the best of luck.
Posted via Mobile Device
 
#29 ·
I know you are not responding any more and that is good.

I just reread your OP, and if it were me I would just go get the horse and return the money minus trailering before the horse disappears. Hopefully the horse is not ruined. Could you possibly talk to the barn owner and find out if the horse is okay or get the real story.

Good luck!!

For inspiration read Bird's thread about the barn owner is keeping my horses hostage, the good guys do occasionally win.
 
#30 ·
I just reread your OP, and if it were me I would just go get the horse and return the money minus trailering before the horse disappears
NO NO NO!

No physical proximity - could escalate into assualt.

If she were to take the horse, he might say she stole it and expound the situation.

As was mentioned - get an attorney and first thing - draw up a cease and desist so he cannot harass you. Save all texts, e-mails and voice mails for the judge to see.
 
Status
Not open for further replies.
You have insufficient privileges to reply here.
Top