Washington, DC asked in Consumer Law, Business Law and Civil Litigation for Maryland

Q: I paid for a horse out of state and then the sale got canceled, the seller has not refunded my money

I was a buyers agent for a gentleman in Texas, I found him a horse in Tennessee to purchase.

The buyer paid me and I paid the seller for the horse, shipping was arranged.

My buyer found out some personal news and had to cancel the sale. I have refunded the buyer his money already, but the seller is still holding my money. I’ve given her 2 weeks to send the money and I still don’t have anything from her.

What’s the next step I should take ?

1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

A: You're going to need a lawyer in Tennessee, where the seller and horse are located. You, or your principal, may be bound to the purchase of the horse. Why as the agent you took it upon yourself to reimburse out of your own pocket the buyer's money, after the seller had received the buyer's money, is beyond me. Your role as agent for the buyer was to try and cancel the deal and obtain the refund for the buyer from the seller. The seller may deem the contract fully performed, and the buyer needs to take possession of the horse. On what legal basis can the buyer, having paid for the horse as agreed, suddenly cancel the contract and refuse the horse, and demand his money back? Seems to me, if you can't get the seller to refund the money, you have two options: (1) demand the buyer return your money and either accept the horse or sue the seller for his money; or (2) take possession of the horse and try to re-sell it to recoup your money. I do not know what possible contractual arrangement you had with the buyer that made you liable to repay his money before the seller refunded it to you. Seems like the loss on this transaction is the buyer's to bear, but you foolishly stepped into the breach and incurred the loss.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.