UCC apply to rejection of animal?

[Jewels2]

What is the name of your state (MI)?

Does this UCC rule apply to the sale of animals:

The UCC imposes, with several exceptions, a “perfect tender” rule on sellers. At least in single-installment contracts, unless otherwise agreed, if the seller tenders the goods that “fail in any respect to conform to the contract,” the buyer may reject all of the goods, accept all of the goods, or accept any commercial unit (or units) and reject the rest. UCC 2-601.

If I was going to buy a horse and did not feel the horse had the personality I was looking for but the seller kept insisting it did, did I have the right to reject the animal under this code? The seller refused to transfer my deposit to another more suitable horse and did not return it. I did not take the horse. I made a BBB complaint and only then did the seller offer to transfer my deposit (many months later) but I no longer trust this person and just want my money back.

 

[Dave1952]

It's not clear if the deposit was part of a written contract but it is clear that you renegotiated so that the deposit may be used on other horses that the seller has. What makes you think that you can change this new agreement? Often a contract will make clear whether a depositt is returnable. From your post it is clear that your contract does not return the deposit. Look at the other horses.

 

[RRevak]

NO. Why? Because you had plenty of time BEFORE purchasing the horse to decide if it was what you were looking for or not. You go, ride, ride again, vet check, then decide whether or not to purchase. You dont get to buy and then change your mind later and expect a refund because again, it was your duty to inspect and ride the animal BEFORE you bought it. Its not their problem you did not.

 

[RRevak]

It's not clear if the deposit was part of a written contract but it is clear that you renegotiated so that the deposit may be used on other horses that the seller has. What makes you think that you can change this new agreement? Often a contract will make clear whether a contract is returnable. From your post it is clear that your contract does not return the deposit. Look at the other horses.

Dave, that's not the way it works when buying horses. You don't get to change your mind later based on the premise that the horse "did not have the personality that you were looking for". The time to decide that is BEFORE buying the horse. Once its yours, its yours unless you decide to resell.

 

[Jewels2]

Let me clarify...I sent the seller a deposit for the horse based on what the seller told me about the horse through email. I trusted what he said about it, however, when I went and actually met the horse I did not feel it had the personality I'd told the seller I was looking for. I never had a contract with the seller, just a written receipt for the deposit and several emails outlining exactly what I was looking for in a horse and the seller saying he had a horse matching what I was looking for. The horse wasn't what I was looking for and, as such, I did not buy it. Nothing was renegotiated. I asked the seller to allow me to buy another horse, but he did not though he says he does do this. I asked for my money back and he refused to give it to me.

 

[RRevak]

Let me clarify...I sent the seller a deposit for the horse based on what the seller told me about the horse through email. I trusted what he said about it, however, when I went and actually met the horse I did not feel it had the personality I'd told the seller I was looking for. I never had a contract with the seller, just a written receipt for the deposit and several emails outlining exactly what I was looking for in a horse and the seller saying he had a horse matching what I was looking for. The horse wasn't what I was looking for and, as such, I did not buy it. Nothing was renegotiated. I asked the seller to allow me to buy another horse, but he did not though he says he does do this. I asked for my money back and he refused to give it to me.

Ugh this is why I hate it when people buy "mail order" horses. One never really does know what they're getting till they get to the paddock, stall, or under saddle. In ANY of the emails you exchanged was there EVER a provision (even a small side note) for the horse not being what you were expecting?

 

[Jewels2]

I'm really just trying to figure out if this UCC code can apply to animals. Does anyone know that?

 

[RRevak]

I'm really just trying to figure out if this UCC code can apply to animals. Does anyone know that?

Except the code you are attempting to use states "with several exceptions". So again I ask, was there ever a provision for the horse not being what you expected in regards to what becomes of the deposit or was there a clear "no refund" stated somewhere and you're attempting to circumvent that?

 

[Jewels2]

We did not have a contract. I just told the seller what I wanted and he said this horse fit the bill. It did not. I think this is misrepresentation. I believe I had a right to reject the horse being that I felt it was not what I had asked for and especially since one of his own ranch hands told me the horse was not what I had asked for.

Anyone know for sure if the UCC code I quoted does apply to animals? I still have not gotten the answer to that...?

 

[justalayman]

We did not have a contract.

well Hell's bells then; tell him to return the money. It is really that simple. If there was no contract, then he has no basis to retain money that was sent to him just because you wanted to send him money.

Of course that is not what really happened but I'm going with your facts.

 

[quincy]

Jewels2, was the horse purchased in Michigan or from another state? If from another state, which state?

 

[OHRoadwarrior]

Your problem is you are trying to apply a written criteria to a matter of opinion. The UCC does not function that way. In this case a fail would be another horse or an ill or medically compromised horse. It would not include one who did not take your apple upon delivery.

 

[quincy]

The UCC applies to the sale of animals. Entering a contract to purchase an animal is like entering into a contract to purchase any "good."

And there is an implied warranty on goods sold and there are remedies when there is a breach of any of the terms of the contract, whether the contract is a written one or an oral one.

However, it matters from whom you purchased the horse, Jewels2. The seller of the horse must be considered a "merchant" as defined under UCC Section 2-104(1), for the purchaser to have protection under the UCC.

And it can matter from which state the horse was purchased, as some states have laws that cover the sales of animals.

With all of that said, I am not sure, without a written contract that expressly states you can return the horse or get a refund on the purchase if the horse does not meet certain conditions, that you are entitled to a full refund (partial, perhaps). The "personality" of a horse is such a subjective condition that it would allow for all purchasers to back out of a sale.

 

[Jewels2]

Yes, the seller does qualify as a merchant in MI. Also, I never took possession of the horse, I had just put a deposit down on it because the seller told me it fit the criteria of what I was looking for. I wanted the horse for a specific purpose and it was clear upon meeting the horse that it was did not possess the personality I was looking for and would not fit my purpose. The seller's ranch hand also told me the horse had a characteristic that I specifically said I did not want. Thanks for the clarification on the UCC.

 

[quincy]

Well, then, whether you will get a complete refund of your deposit, a partial refund of your deposit, or no return of your deposit will depend on the agreement you had with the seller.

What exactly your agreement with the seller was will depend on the terms and conditions of the sale as evidenced by a written contract, emails, text messages or phone conversations. If the agreement was exclusively an oral one, your memory of what was agreed to can be different than what is remembered by the seller. To quote an old Chinese proverb, memories are not so firm as faded ink.

There are several problems you may face in getting your refund, the major one possibly being the condition upon which you wish to back out of the sale. If the horse had a physical characteristic that made it undesirable, a health problem, or was not the sex you wanted, then you would have a better reason for the refund. As I mentioned earlier, "personality" is a subjective trait and would not ordinarily be a condition upon which sales of most animals would be cancelled.

I suggest, if the seller will not return your deposit and the deposit is a large enough one that a court action might make sense, that you consult with a local attorney to go over the facts.