What to d if I bought a horse and 2 weeks later it was lame?

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What to d if I bought a horse and 2 weeks later it was lame?

Thhe horse has a chronic lameness that didn’t show up untill it was ridden 2 weeks later. Was assured it was sound and could be returned if we couldn’t keep it. First right of refusal is on bill of sale but former owner would answer e mails. Do I have any recourse? Horse was purchased for 2 children. I never actually met owner only her father and owner of stable.

Asked on August 27, 2012 under Business Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the seller knew or reasonably should have known (i.e. any seller in his or her position logically must have known) of the lameness or a chronic condition which led to it, then the seller may have  committed fraud in not disclosing that fact. Fraud would provide a basis to rescind the transaction, or return the horse and recover your money. You should speak with an attorney about the situation in detail, to see if under the circumstances you have a case. Good luck.


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