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Down Payment

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Contredisant

Junior Member
Hi everyone, I'm here in Michigan and I need some help.

I entered a contract for 90 days when my horse was stolen (was told by an attorney that she was a bona fide buyer and I could not legally get my horse back without purchasing him outright from her) and placed a $1000 down payment on him and agreed to pay per month until I covered the whole purchase fee she had listed for him. Close to the end of the contract it appeared I would not have the full cost, and politely backed out.

In the contract it stated that I will cover the costs of feed, vet and farrier, and no where does it state that my down payment was non refundable. Now, after talking to an attorney I was told that legally I can recover my down payment. The woman is now telling me that she spent ALL of the money on his board (not mentioned in the contract), feed and vet and saying that I need to let it go, giving me the "I have four kids and I've already been screwed over enough" spiel.

I've owned horses for years and I know what feed and farrier costs are. Unless there was a large vet bill that incurred that I was not made aware of until JUST NOW (she is stating that she spent money on a vet as well, but did not tell me anything about having a vet come out while we were under contract), she would not have spent all of my down payment on feed and farrier. I've even compared costs with coworkers and the owner of the barn where I currently board at, and all of them are in agreement that it would not come close to $1000 for a horse that gets fat off of air.

I have agreed to cover the costs that we had agreed on with proof of cost for the one horse and that she can return the money that wasn't spent on what was agreed on in the contract, but my main question is this: if she had a vet come out while we were under contract and did not make me aware of it at all, would I still be held accountable to cover that cost as well?

Sorry if this doesn't make much sense, any help is greatly appreciated.
 



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