Legal Question in Consumer Law in California

I reside in California and purchased a miniature horse from Oklahoma. I was told this mare was sound even though she had severely foundered a few years back. I was aware of this and felt secure as to the condition of this horse based on what the owner had been emailing me and telling me on the phone. When I received this horse she was so lame she could hardly walk. She remained in this serious condition for almost 2 weeks as I was giving her special feed and medication to make her comfortable. I had tried to work with the seller on a refund on this mare and was only offered a ranch credit and would have to ship this horse back at my expense and also pay for the shipping on a new horse of which I was not interested in anything else she had for sale. I tried many times to come to a compromise but to no avail.

I found out yesterday that this mare has 2 serious conditions that were not rdisclosed to me prior to purchase. She is insulin resistant and also has cushings. A lady that is friends with the seller and had leased this mare for a while told me this.

I have emails regarding all this and was wondering if I have a leg to stand on to try and get my money and expenses back. This horse can not be sold or even given away and also may be in foal which could also pose a problem with her as well as her foal. I am very angry over what I just found out.

Thanks for your time.

Irene Baldwin


Asked on 2/17/11, 8:29 am

1 Answer from Attorneys
Joe Marman Law Office of Joseph Marman

You should be able to get all your investment back, and insist that the seller pay for shipment back if he wants the horse. Otherwise sue the seller and advise that you will dispose of the horse in a certain number of days, if he/she does not pick the horse up or pay for shipment.

Because of the fraudulent representation of the condition of the horse, you may be able to get punitive damages on top of the money you lost to punish the liar.

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Answered on 2/17/11, 9:19 am


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