Q: Is there a remedy for refusing to return an animal as stated in a contract?
I have a purebred horse used for equine sports. We listed the horse for sale through a broker. A couple agreed to purchase through a “lease to own”. They wanted a one month trial at lease cost then full purchase price if they kept her. The month ended but they haven’t purchased or returned her. She is now in another state and the couple is attempting to resell her. What are remedies available?
A: I'm assuming you had your lease/sale arrangement in writing and signed by the couple, that you have demanded return of your horse in writing, and the couple has either refused to return her or has completely disregarded your demand. In that scenario, this likely constitutes a THEFT, so you can contact law enforcement to seek arrest and prosecution, as well as return of the horse. On the civil side, you can file a replevin and conversion case which seeks return of the horse and loss of use damages. Florida's civil theft statute may provide an additional remedy, including an award of attorney's fees, if the presuit demand letter procedure set forth therein is strictly followed.
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