Legal Question in Civil Litigation in California

I bought a horse for $3,500 from an individual that claimed the horse was sweet, demure and easy going for my 11 year old daughter. Once we had the horse we realized she was not easy going at all. She rears up when a leaf blows, she is spooked by everything and I am afraid to let my daughter ride her. I called the seller who admitted on the phone that the horse did have issues of this kind but when I asked if she would be willing to take her back and refund my money, she said she would have her attorney contact me. Can you tell me what rights I have in this instance? Thank you!

Nancy


Asked on 11/30/12, 10:57 am

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

Your legal remedy is in small claims court for rescission of the contract to purchase the horse, restitution of your $3500, and an award of any monies you may have spent on the horse.

You need to demand that the seller take the horse back immediately and refund the money, and say that you will sue in small claims court if the seller does not comply. You must also take care of the horse until the seller takes it back, so that you can ultimately make the return. Your costs of care for the horse until that time should be recoverable as an item of damages.

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Answered on 11/30/12, 12:51 pm


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