backing out of a purchase

What is the name of your state (only U.S. law)? montana
I went to buy a horse for $1000 from a private party, I sent her $250 to hold the horse until I could find transportation for the horse, which would cost me $400 to bring horse to me, on top of purchase price, the horse is 620 miles away, there was no written purchase contract or verbal agrrement about the deposit, well, before horse was paid in full my husbands truck needed a few hundred dollars in repairs and he went to the ER for a false alarm heartattack, well the bills came in and were really high, we have no insurance, I really wanted the horse but regretfully told the seller I would have to bow out and she should find another buyer and kindly asked her for my deposit back, she has refused, she says that I cost her other buyers and she has to advertise the horse again on craigslist, which is FREE, can she legally keep my deposit? it was never disclosed to me that I would not get it back if the deal fell through? this all happened in a 3 week window.

Yes, she can keep the deposit. How much does boarding a horse cost?

You don't appear to have any "free" money to spend on a horse and its upkeep anyway. They don't call them "hayburners" for nothing.

You made a mistake in not asking what would happen in case you couldn't complete the transaction with the owner. I suspect a judge would allow the seller to keep the deposit because there was a reasonable expectation that you'd pay the rest of the money.

to whom it may concern, you are not quoting the law for montana, actually it is a small claims court issue, this was a professional breeder who was selling me the horse and contacted me through emails and then refused to send me a contract to protect my interests as a buyer with deposit, she would not put anything in writing for me, thank-god I didnt send her more money, but it is a case of theft on her part, she was notified in plenty of time to find another buyer, and actually informed me that she is moving out of the area and needs money, so, if you all are going to pass a comment on a legal issue you might want to check the laws for the state so you dont look so ignorant, this is not facebook or chat room.

Hot Topic said:

You don't appear to have any "free" money to spend on a horse and its upkeep anyway. They don't call them "hayburners" for nothing.

You made a mistake in not asking what would happen in case you couldn't complete the transaction with the owner. I suspect a judge would allow the seller to keep the deposit because there was a reasonable expectation that you'd pay the rest of the money.

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to whom it may concern, you are not quoting the law for montana, actually it is a small claims court issue, this was a professional breeder who was selling me the horse and contacted me through emails and then refused to send me a contract to protect my interests as a buyer with deposit, she would not put anything in writing for me, thank-god I didnt send her more money, but it is a case of theft on her part, she was notified in plenty of time to find another buyer, and actually informed me that she is moving out of the area and needs money, so, if you all are going to pass a comment on a legal issue you might want to check the laws for the state so you dont look so ignorant, this is not facebook or chat room.

angie ovnicek said:

to whom it may concern, you are not quoting the law for montana, actually it is a small claims court issue, this was a professional breeder who was selling me the horse and contacted me through emails and then refused to send me a contract to protect my interests as a buyer with deposit, she would not put anything in writing for me, thank-god I didnt send her more money, but it is a case of theft on her part, she was notified in plenty of time to find another buyer, and actually informed me that she is moving out of the area and needs money, so, if you all are going to pass a comment on a legal issue you might want to check the laws for the state so you dont look so ignorant, this is not facebook or chat room.

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Talk about ignorant

If you know it all, then what do you want from us? She rightfully kept your deposit.

Ozark_Sophist said:

Yes, she can keep the deposit. How much does boarding a horse cost?

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to whom it may concern, you are not quoting the law for montana, actually it is a small claims court issue, this was a professional breeder who was selling me the horse and contacted me through emails and then refused to send me a contract to protect my interests as a buyer with deposit, she would not put anything in writing for me, thank-god I didnt send her more money, but it is a case of theft on her part, she was notified in plenty of time to find another buyer, and actually informed me that she is moving out of the area and needs money,it is a case of theft actually, so, if you all are going to pass a comment on a legal issue you might want to check the laws for the state so you dont look so ignorant, this is not facebook or chat room.

theft on her part? Not even close darlin'. You might want to consult the laws of Montana.

and what does "she was informed in plenty of time to find other buyers" supposed to mean.

angie ovnicek said:

to whom it may concern, you are not quoting the law for montana, actually it is a small claims court issue, this was a professional breeder who was selling me the horse and contacted me through emails and then refused to send me a contract to protect my interests as a buyer with deposit, she would not put anything in writing for me, thank-god I didnt send her more money, but it is a case of theft on her part, she was notified in plenty of time to find another buyer, and actually informed me that she is moving out of the area and needs money,it is a case of theft actually, so, if you all are going to pass a comment on a legal issue you might want to check the laws for the state so you dont look so ignorant, this is not facebook or chat room.

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To whom it may concern: you said that already. You need to focus

Antigone*of*Greece said:

Talk about ignorant

If you know it all, then what do you want from us? She rightfully kept your deposit.

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posted yesterday, and got an attorney today! so not cool for her, it is a case of theft and I have all of the past emails from her, she will be forced by montana law to repay me back my $250 and court cost, I never saw the horse in person only pictures, she refused to send me a video on the filly, its false advertising and theft, thought you all were attorneys, this is a very tacky website and I will be out of it by tomorrow, didnt realize it was like a public forum chat, thought it was a legit/professional site.

angie ovnicek said:

posted yesterday, and got an attorney today! so not cool for her, it is a case of theft and I have all of the past emails from her, she will be forced by montana law to repay me back my $250 and court cost, I never saw the horse in person only pictures, she refused to send me a video on the filly, its false advertising and theft, thought you all were attorneys, this is a very tacky website and I will be out of it by tomorrow, didnt realize it was like a public forum chat, thought it was a legit/professional site.

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The OG factor is alive and well in Montana.

The village's gate must have been left open

and angie, you might want to understand that there is a standing contract:

,

I sent her $250 to hold the horse until I could find transportation for the horse,

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so, per your contract, she can hold the money until, well, forever if she wants while she waits for you to find transportation. If she does not wish to rescind the contract, then it becomes your problem. If you want to rescind the contract, you will have to sue her. Be prepared for her to sue for specific performance though. If she wins, you get the horse and she gets the remaining $750.

angie ovnicek said:

to whom it may concern, you are not quoting the law for montana, actually it is a small claims court issue, this was a professional breeder who was selling me the horse and contacted me through emails and then refused to send me a contract to protect my interests as a buyer with deposit, she would not put anything in writing for me, thank-god I didnt send her more money, but it is a case of theft on her part, she was notified in plenty of time to find another buyer, and actually informed me that she is moving out of the area and needs money, so, if you all are going to pass a comment on a legal issue you might want to check the laws for the state so you dont look so ignorant, this is not facebook or chat room.

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Next time do us all a favor and Google the information.

Interesting how the sob story of your husband's health alarm and your lack of insurance morphed into a tale of deceit and drama.

Don't let the door hit you on your way out.

And a person who buys a horse based only on pictures is beyond ignorance.

angie ovnicek said:

posted yesterday, and got an attorney today! so not cool for her, it is a case of theft and I have all of the past emails from her, she will be forced by montana law to repay me back my $250 and court cost, I never saw the horse in person only pictures, she refused to send me a video on the filly, its false advertising and theft, thought you all were attorneys, this is a very tacky website and I will be out of it by tomorrow, didnt realize it was like a public forum chat, thought it was a legit/professional site.

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sure you did. This isn't even close to theft. It is a civil issue bound by the rules of contract law.

and she didn't have to send you a video, a contract, or anything else. If you were dumb enough to purchase a horse based on a picture, that's on you. It isn't the sellers fault she had a buyer that had no idea what she was doing.

justalayman said:

theft on her part? Not even close darlin'. You might want to consult the laws of Montana.

and what does "she was informed in plenty of time to find other buyers" supposed to mean.

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I did, like I said, I have an attorney now, she has dissapeared, I didnt know this woman at all and sent her a money order, she wont return emails or phone calls and it was a po box address, like I said, it was a scam, I really dont even know if the horse existed, I will have to summon her to small claims and since its under $1000, no attorneys aloud, if she even shows, or if I can even find this woman to serve her, like I said, she supposidly is 600 miles away, you obviously read what I wrote at the beginning, why would you think its cool to steal money from people? I think that is very sad, considering my circumstance.