Legal Question in Consumer Law in California

Dispute regarding oral agreement

I sold my horse to a good friend, with an oral agreement that she could not move, sell, give away, or transfer title to the horse without first giving me the opportunity to take him back.

She moved the horse away. I do not know where he is. She refuses to return him. She acknowledges an oral agreement exists, but now says the agreement was only not to sell the horse.

I want my horse back. He was a birthday present, and means a lot to me. He is a purebred, and a futurity winner. Is there any way to enforce this, or to have the sales contract nullified.

Would it make any difference that I was under the care of a psychiatrist for post traumatic stress disorder and dissociation at the time of the agreement. Obviously my judgement was quite impaired.

Any advice is greatly appreciated.


Asked on 9/09/06, 5:09 pm

1 Answer from Attorneys
Samuel Lovely Law Office of Samuel Lovely

Re: Dispute regarding oral agreement

You can sue to enforce the terms of the agreement. The problem with oral agreements is there is usually a fundamental dispute as to the terms. Then again, having to defend a lawsuit, or the threat thereof, may help convince the buyer to be more reasonable. I am available for a free consultation and my rates are very competative.

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Answered on 9/10/06, 3:20 pm


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