When purchasing a horse, you expect it to be healthy and fit for your intended use. Unfortunately, however, some horse sellers are less than honest when conducting business, and they sell horses with known medical defects. In addition, others may unknowingly sell horses with medical problems. In this article, we discuss what to do if you are sold a horse with medical defects.
Understand the Florida Equine Lemon Law
Florida’s equine lemon law requires horse sellers to disclose information about a horse’s history and health to potential buyers. In addition, the law provides buyers with a limited period of time to seek legal recourse if they discover a defect. Therefore, if you’ve been sold a horse with medical defects, you should familiarize yourself with this law. A great way to gain a solid understanding of Florida’s equine lemon law is to work with an experienced equine law attorney.
Contact the Seller
After reviewing the equine lemon law, you should contact the seller to request a return and full refund, including compensation for expenses you may have incurred while the horse was in your possession. Sometimes, the seller will agree to a refund, and the matter will end there. Other times, however, the seller will dispute your claims, and further action will be required on your part.
Send a Legal Demand Letter
If the seller refuses your request for a refund, you should work with an attorney to send the seller a legal demand letter. In the letter, you should state that you will take further legal action if the seller refuses to accept the horse and provide a full refund. As you await a response, be sure to document everything you can involving the transaction. Specifically, you should take photos and videos of the animal, including any visible injuries or defects, and you should save all bills and receipts related to the animal.
Take Legal Action
If the seller still refuses to give you a refund after receiving the demand letter, you should work with an attorney to file a lawsuit. Depending on the unique facts of your situation, your attorney may be able to sue the seller under one or more legal theories, including fraud and breach of contract. Often, sellers agree to settle after being served with a lawsuit. However, if the seller refuses settlement, then it’s possible that your case may proceed to trial.
Contact a Wellington Equine Law Attorney
If you’ve been sold a defective horse in Florida, you should contact a Florida equine law attorney as soon as possible. At Gueronniere, P.A., our experienced lawyers will diligently pursue the successful resolution of your Florida equine dispute. Founding attorney Grace de la Gueronniere has the knowledge and experience necessary to effectively and efficiently resolve your equine sales dispute. Please contact us today to arrange a free initial consultation.