Legal Question in Consumer Law in California

Advertiser backing out on offer and acceptance of sale.

I answered a newspaper ad offering a horse for sale. I rode and examined the horse. I offered to buy the horse at the advertised price and agreed to all the seller's stipulated conditions. My offer was conditional on the horse successfully passing a pre-purchase vet exam at my expense and mutual agreement of the wording on the seller's required contract of conditions. The seller accepted my offer (left a message on my answering machine) and requested a deposit. I agreed to the deposit and we agreed on a time and place to meet to pay the deposit. We also agreed I would pick the owner and horse up with my truck and trailer on a specific date and time and transport them to her vet for the exam. She also said she was sure we would give the horse a good home. She called back a few hours later and said she had changed her mind and wanted to show the horse to several other prospective buyers. Do I have any legal recourse? Are there any types of penalties that apply to the seller? I still have the recording of her on my answering machine accepting my offer.


Asked on 3/29/03, 6:21 pm

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Advertiser backing out on offer and acceptance of sale.

from the facts given, you absolutely have remedies available to you in respect to the horse at issue. if you want to buy the horse at the agreed upon price, you could file suit for specific performance of the agreed upon price and contract stipulations. if you would prefer damages, you could sue for the difference that the seller would make in excess of the contractual price that she sells the horse for above the price she accepted from you. so, you have both legal and equitable remedies available to you. if you would like further assistance and/or representation, email me with additional details and our firm would be happy to get the justice you seek and deserve on this matter.

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Answered on 3/29/03, 8:56 pm


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