Monday, August 23, 2010

Legal Advice on a dealing with a business please!?

Back in February, I contacted a farm about breeding my horse. He replied with the stallion's fee being $650 or, if I bought 2, it was only $750 for both. So I decided to do that and paid 1/2 of the breeding fee as a booking fee. Now, it is May, I have a very sick child, no mare to breed, and need the money for my child's hospital bills. I decided to sell the breedings like they were sold to me - buy 1 for $375 or both for $750. If one sold, I would pay the other 1/2 of the breeding fee to the farm and then sell the other to pay my bills. So the farm would get their full fee and I would get the money that I needed. The farm owner contacted me not once but 3 times, angry that I was selling the breedings for $375 when the stud fee was $650. He told me to ';Go Away'; in the process and was HORRIBLY rude and nasty. So I simply asked for my $375 back and explained the situation. Now, he is refusing to honor the deal and is refusing my money back. I have all the emails as proof of our conversations - every one of them back to the beginning. I never signed a breeding contract. He is saying he won't refund because the breeding contract states non-refundable but I didn't get a copy of that contract and never signed one. So I really need this money and am not sure what I can do. Can anyone tell me?Legal Advice on a dealing with a business please!?
The first step you should take is to ask the breeder to send you a copy of the signed contract (the one he claims he has). Since you didn't sign one he can't produce it.





Even if you did sign a contract with him unless it specifies that you can't resell the services of his stallion you can resell those services and you have the right to sell those services for any price you would like.





If he says he won't breed his stallion to your customer(s) take him to small claims court.





Hope this helps


Jerry-the-bookkeeperLegal Advice on a dealing with a business please!?
You have the right to your money back, as he provided no services. However, if he refused another offer for his services relying on your paying him, you cannot recover. This is known as detrimental reliance.





The deal was for YOU to breed 2 horses with him, not someone else breeding one. Therefore, your trying to ';sublet'; the service is a breach of contract if you do so.





Apologize and ask if he'll refund half the money you put out. Otherwise, file a claim in your local small claims' court.
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