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 ?
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.
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