Legal Question in Civil Litigation in Florida

Horse Trader
I needed a horse for my daughter, so a freind of mine said he had one that was not beinng rode at the time and that he would sell to me for what he paid for it which was $2500.00. We picked the horse up from his house so my daughter could ride the horse to see if she liked it. Approx. 2 weeks later the owner asked me if we were going to purchase, I told him yes 15 minutes later my wife wrote him a check for $2500.00, which he refused saying that, his wife and daughter may not want to sell the horse. He told me to hold the check and he would call in a couple of days to pick up the check. Over approx. the next 3 weeks we seen the man multiple times and he never mentioned anything about the horse or the money. Then I suddenly receive a phone call from him stating that he wants the horse back because he thinks the 1 his daughter is currently riding is developing a health problem. My question is do I have any legal recourse under a verbal agreement.

Asked on 9/19/07, 8:15 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

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Re: Horse Trader

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This is a tricky question. The friend offered to sell you the horse which you did not agree to immediately. When you finally decided your daughter liked the horse, your wife wrote a check which he refused which can he can argue was a withdrawl of the offer to sell prior to your acceptance. Since the offer was withdrawn prior to your acceptance, there was no offer and therefore you will have trouble enforcing the agreement.

Having said that you can, of course, argue the alternative. It would be up to a judge to decide if litigation ensued. The bigger question is whether or not it is worth losing a friend over?

Scott R. Jay, Esq.

Answered on 9/19/07, 11:49 am

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