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Being Sued

This is a discussion on Being Sued within the Horse Law forums, part of the Horse Resources category
  • Suing for a horse being not as advertised
  • Insane horse people forum

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    08-02-2012, 11:56 AM
  #41
Weanling
Oh my god, I just read this thread. So sorry! I just went thru a lawsuit as well. It isn't fun! But do you have any thing in writing that states he will not come try the horse out? Even if it's via email, print it out and bring it to court. That could be a huge break in your case. Any judge would know you don't buy a horse without trying it out, and if you do, there are risks.
freedomfoundfarm likes this.
     
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    08-02-2012, 03:56 PM
  #42
Foal
Yes I have that plus he is claiming I am a "horse business" which I am not and quoted that I was doing business in EAST TN...referring to a "web site" titled Freedom Found Farm which is NOT me and clearly states who owns and operates it and yes they are a horse "business" however he claims because my email is freedomfoundfarm.....therefore I am a business. BUT....contract was signed by MY name and HIS name and I have over 200+ texts and even tons of emails from him where I CONSTANTLY state I make NO guarantees with this horse and ask him to come see whcih he again states he is in NY and wont be back in GA till that fri nd wants the horse delivered the following day....he was soooooooooooooooooooo animate about delivery THAT day he even insisted it be by 10am!!!
     
    08-02-2012, 04:00 PM
  #43
Foal
I have also found in TN that it is "buyer beware" with horse sales and not sure how he can claim I violated the TN consumer protection act becuse I have video and vet statement and vet check too....its a man with a HIGH title in a business that has mloney to burn and wants to sue.....I seriously think this is a scam too as in his legal docs he states the horse is FOR SALE.....ummmm..how can he even attempt to sell the horse with this going on???
     
    08-02-2012, 04:04 PM
  #44
Weanling
Quote:
Originally Posted by freedomfoundfarm    
Yes I have that plus he is claiming I am a "horse business" which I am not and quoted that I was doing business in EAST TN...referring to a "web site" titled Freedom Found Farm which is NOT me and clearly states who owns and operates it and yes they are a horse "business" however he claims because my email is freedomfoundfarm.....therefore I am a business. BUT....contract was signed by MY name and HIS name and I have over 200+ texts and even tons of emails from him where I CONSTANTLY state I make NO guarantees with this horse and ask him to come see whcih he again states he is in NY and wont be back in GA till that fri nd wants the horse delivered the following day....he was soooooooooooooooooooo animate about delivery THAT day he even insisted it be by 10am!!!
Frankly that's all you should need. I didn't even have a lawyer in my case and I still won. If you have proof that you told him that you make no guarantees, you made no such refundable offer, and he refused to test ride the horse. It's his own fault. End of story. Any judge with half a brain would see that.
     
    08-02-2012, 04:05 PM
  #45
Green Broke
See if you can locate the actual owners of Freedom Found Farm and obtain a signed statement that you are not and have not ever worked for, been an owner of or been associated with them in any way.
     
    08-02-2012, 04:22 PM
  #46
Foal
Delfina, that is a great idea.
     
    08-02-2012, 04:36 PM
  #47
Started
Quote:
Originally Posted by freedomfoundfarm    
I have also found in TN that it is "buyer beware" with horse sales and not sure how he can claim I violated the TN consumer protection act becuse I have video and vet statement and vet check too....its a man with a HIGH title in a business that has mloney to burn and wants to sue.....I seriously think this is a scam too as in his legal docs he states the horse is FOR SALE.....ummmm..how can he even attempt to sell the horse with this going on???
To be honest, I would bet any money that this is a man who USED to have money to burn and a high title. This sounds more like a desperate man who is trying to live the high life that he was accustom to and can no longer afford. A lot of wealthy people I know would have asked to return the horse, not gone out of their way to sue for an insane amount of money.

I'm no lawyer, but I would think that once you keep a record of all these documents that you have nothing to be worried about. Let this prat know that you'll be looking for your legal fees at the end, and let him go to town with this ludacris case.

I am crossing my fingers for you, but if the judge has any common sense at all, you'll be done and dusted with this in no time.
Back2Horseback likes this.
     
    08-02-2012, 04:55 PM
  #48
Trained
DH (an atty) and I have been horse owners for 27 years. JUST bc someone sues does NOT mean they are guaranteed a win. GET AN ATTY and let your lawyer speak for you. Do NOT hire a Ron Konoski or other chain attorney. Talk to friends and family and find someone local who will fight for you. (They may recommend another atty who works for a firm that handles out-of-state cases, and that's okay, too. OUR office does this for certain cases, as well.)
Don't worry, either. This isn't the first time an idiot bought a horse from someone and complained. I bought, retrained (for CW Reenacting) a QH, and a newbie bought the gelding. He brought him home and HIS farrier trimmed too short and made the horse lame. He accused me of selling him a lame horse. We resolved it, mostly bc we saw each other a lot and he apologized, but these things happen.
After your lawyer draws up the paperwork and you sign it, do NOT talk to the buyer on the phone, or in an email, or on FB, or IM. Become a mute about the subject until it's resolved.
OH, and next time you want to sell a horse, post it on THIS FORUM first, so you can talk to real horse people.
     
    08-02-2012, 05:31 PM
  #49
Foal
I would love to hire an attorney but the ones I asked want outragious amounts to handle it and I don't have that cash at the moment due to being in a workman comp settlement at the moment and being out of work for a yr don't help =( I have not spoke to him....OR his attorney's since their last threatening phone call almost a month ago. He is a SVP of a major compny and still makes and has money I have a text from him stating his daughter was thrown from the horse hrs after I dropped him off and he just can't have this horse hurting his daughter. I also have a contract he signed that gives NO guarantees on the horse, just a sale of the horse. If anyone lied it was HIM....leading me to believe his daughter could ride!!! I would feel better with an attorney and my et has an atorney but I guess Im flying this one solo praying my videos, pics and witnesses help me out. Never in a million yrs thought this could happen from selling a horse. UGH
     
    08-02-2012, 05:40 PM
  #50
Weanling
Quote:
Originally Posted by freedomfoundfarm    
I would love to hire an attorney but the ones I asked want outragious amounts to handle it and I don't have that cash at the moment due to being in a workman comp settlement at the moment and being out of work for a yr don't help =( I have not spoke to him....OR his attorney's since their last threatening phone call almost a month ago. He is a SVP of a major compny and still makes and has money I have a text from him stating his daughter was thrown from the horse hrs after I dropped him off and he just can't have this horse hurting his daughter. I also have a contract he signed that gives NO guarantees on the horse, just a sale of the horse. If anyone lied it was HIM....leading me to believe his daughter could ride!!! I would feel better with an attorney and my et has an atorney but I guess Im flying this one solo praying my videos, pics and witnesses help me out. Never in a million yrs thought this could happen from selling a horse. UGH
It's a lesson learned from not just you now. You very well may be saving someone from a situation like this again in the future.
Back2Horseback likes this.
     

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