Hello!
I have a question. Someone tried a horse to buy at my house. Wednesday I dropped the horse off at her house telling her to make sure she likes him before she pays me. Friday she brought me a check and I gave her a signed transfer. Monday morning I cashed the check, Monday afternoon she wanted her money back. There was no contract or bill of sale (I know I shouldn't slack on paperwork just because it is friends). By law do I have to give her money back? Do I have to refund all of it?
Thanks! Cheryl
Equine sales law in KY?
Moderators: Roguelet, hpkingjr, WaveMaster
I'm not a lawyer, but there is a "cooling off" period for major purchases in KY. It is typically 48 hours and meant to apply to appliances, cars, etc., and for $$$. Sundays don't count. It can be interpreted to mean any purchase over $500. It also applies to term contracts, like cellular phone contracts, life insurance, mortgages, loans, etc.
From an "aside" standpoint, how much do you value your reputation and/or friendship with the buyer? Was the horse "not as advertised?" What is the reason? If the horse didn't vet, you have answered your own question if you sold the horse as sound. If you sold the horse as gentle and "broke" and it is not, again, you have answered your own question.
I sell riding horses with a written seven-day money back guarantee. I cash the check immediately, they then have seven days to vet, ride, inspect, have trainer inspect, etc. If they return within seven days, they get a full refund.
From an "aside" standpoint, how much do you value your reputation and/or friendship with the buyer? Was the horse "not as advertised?" What is the reason? If the horse didn't vet, you have answered your own question if you sold the horse as sound. If you sold the horse as gentle and "broke" and it is not, again, you have answered your own question.
I sell riding horses with a written seven-day money back guarantee. I cash the check immediately, they then have seven days to vet, ride, inspect, have trainer inspect, etc. If they return within seven days, they get a full refund.
Equine sales law in KY
Thanks all!
I tried to post for the next 2 days but couldn't. I am having trouble posting today also. I gave her money back - all but $50. I guess a "green horse, quiet on trails" should never booger. He never did with me. Who knows what can happen when you take him home, put a different bit in his mouth, not lounge him and get on. My "routine" for the horse was discussed at length, I even offered my bridle. Oh well. I am letting another horse go out on trial tomorrow - jaw clenched- with a written contract this time.
He should do well in the huntfield.
Thanks again!
Cheryl
I tried to post for the next 2 days but couldn't. I am having trouble posting today also. I gave her money back - all but $50. I guess a "green horse, quiet on trails" should never booger. He never did with me. Who knows what can happen when you take him home, put a different bit in his mouth, not lounge him and get on. My "routine" for the horse was discussed at length, I even offered my bridle. Oh well. I am letting another horse go out on trial tomorrow - jaw clenched- with a written contract this time.
He should do well in the huntfield.
Thanks again!
Cheryl