Legal Question in Civil Litigation in Texas

We sold our daughter's horse in June and about 3 weeks after the sale, the purchaser called back in tears and demanded we come pick up the horse and give her the money back. She claims that we knowingly sold her a lame horse but that is not true. She looked at the horse twice before buying and rode the horse in an arena and in a pasture. We disclosed every little detail of any thing that the horse ever had, as far as injuries, nicks, etc. My daughter was very forward and forthcoming with every detail she knew about her horse. The purchaser had every opportunity to have the horse thoroughly checked out before the sale and I felt so sure about the condition of the horse that I probably would have given her some sort of guarantee for a period if she had asked. She is now threatening to sue if we don't give her the money back. I still don't believe we did anything wrong and in no way withheld any information on the condition of the horse. The horse was sold for $2500 and it was a cash deal with us signing over the registration papers at the sale. There was no written receipt.


Asked on 8/01/11, 7:54 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Under the circumstances you describe, you should stand firm, and don't let these people steamroll you. The horse was injured after you sold it to them, and it's not your problem.

It took her THREE WEEKS to discover that you sold her a lame horse?

Stand firm. If you get a demand letter, respond to it. And get ready for a lawsuit: Get contact information NOW for your witnesses. Put all your documents into a file. Gather up any health records or veterinary records you have for the horse (your veterinarian may eventually be a witness).

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Answered on 8/02/11, 6:55 am


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