Contract default

[LAG]

What is the name of your state? oregon
I sold a horse to another party under a written contract on time payments, no warranties on animal. 3 months later the buyer quit paying because the animal supposedly got sick. buyer filed a small claims suit against me for an amount larger than original contract amount saying that the condition pre-dated sale of horse. horse was healthy when I delivered it and again there were no warranties. anyway, I am counter suing for balance of contract. should I prevail, will I be able to recoup any other expenses this has cost me? (atty fees, time off work, filing fee, etc)

 

[zappy]

what PROOF doyou have of the horse being healthy?

What vet records did you keep? was there a change in the diet caused by the new owner? Or living conditions? your barn is warmer then his or yours has more room?

 

[LAG]

the horse was ridden at a rodeo the weekend immediately before and there are multiple witnesses who can attest to its soundness (including my farrier) (i have gotten letters from them). i have pictures of it. no vet records...the horse was never sick, we did our own vaccinations. it wasn't until 3 months later (and they had already missed a payment) that this all came up.

 

[Souix]

What is the name of your state? oregon
I sold a horse to another party under a written contract on time payments, no warranties on animal. 3 months later the buyer quit paying because the animal supposedly got sick. buyer filed a small claims suit against me for an amount larger than original contract amount saying that the condition pre-dated sale of horse. horse was healthy when I delivered it and again there were no warranties. anyway, I am counter suing for balance of contract. should I prevail, will I be able to recoup any other expenses this has cost me? (atty fees, time off work, filing fee, etc)

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I believe in small claims court you are only entitled to your filing fees. Your counter suit paperwork should tell you what you are entitled to should you prevail.

I think its fairly obvious that you had a written contract with no warranties on the horse. Good job! You will probably prevail, but what a pain.

 

[LAG]

Written Contract default

mediation failed on this one...the person who defaulted on my written contract would not accept a reduced balance on contract (i just wanted to be done with the situation)...on to small claims now. i created the contract on which the other party defaulted. it clearly stated terms on payments, responsibilities by buyer for vet, farrier, food, shelter. the defaulting party is saying that i breached the contract...buyer still has the horse, but has made no payments since Oct (took possession in July). Horse required medication 102 days into contract and they just wanted to give it back and still tried to make me take it back at mediation. it is written in the contract that after 2 missed payments seller has option to declare take animal back into possession, but that is my option not theirs just because they don't want to pay any more right? Isn't this clearly a case of default on their part and with a signed contract shouldn't I prevail without really having to prove anything other than the fact they haven't paid?

 

[Souix]

Re: Written Contract default

mediation failed on this one...the person who defaulted on my written contract would not accept a reduced balance on contract (i just wanted to be done with the situation)...on to small claims now. i created the contract on which the other party defaulted. it clearly stated terms on payments, responsibilities by buyer for vet, farrier, food, shelter. the defaulting party is saying that i breached the contract...buyer still has the horse, but has made no payments since Oct (took possession in July). Horse required medication 102 days into contract and they just wanted to give it back and still tried to make me take it back at mediation. it is written in the contract that after 2 missed payments seller has option to declare take animal back into possession, but that is my option not theirs just because they don't want to pay any more right? Isn't this clearly a case of default on their part and with a signed contract shouldn't I prevail without really having to prove anything other than the fact they haven't paid?

Have you answered the complaint?

 

[LAG]

Yes, requesting balance of contract. (This was done in December) Case was just scheduled for mediation which we did on 2/28. Other party would not settle, claiming that she felt she had paid enough...3 of 12 payments which she had agreed to. I had even offered to let her pay only 1/2 of the remaining balance but she thinks that I should owe her and take the horse back because horse now requires medication. Horse is still alive and at her property. Her small claims filing is for more than the amount of the original contract which she owed to me and the claim is that I breached the contract.

 

[Souix]

Yes, requesting balance of contract. (This was done in December) Case was just scheduled for mediation which we did on 2/28. Other party would not settle, claiming that she felt she had paid enough...3 of 12 payments which she had agreed to. I had even offered to let her pay only 1/2 of the remaining balance but she thinks that I should owe her and take the horse back because horse now requires medication. Horse is still alive and at her property. Her small claims filing is for more than the amount of the original contract which she owed to me and the claim is that I breached the contract.

I would say that since you sold the horse as is with no warranties that you have a good chance of winning but I am no attorney.....so lets see what the attorneys say.

We have a couple of horses that we paid cash for last year that haven't been sick, but I'm sure that if they did become ill we would never take them back to the previous owner. Some people are just litigious and don't want to complete their obligations. Unfortunately, I think you got one of them. Who knows, she may have treated them in such a way that they became ill, thats not your fault.

 

[djohnson]

I'm with susie on this one. I think you have the evidence on your side. I also think that if the contract says you can pick up the horse after missed payments, that would work like a repo and you would not owe them the money back that they have already made. I think they don't have a leg a stand on. Good luck.