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  1. #1

    Default A Warning to FL buyers

    In the interest that the parties involved can come to some resolution that is beneficial...I'm deleting this post as it is in the hands of the attorneys and the legal system.
    Last edited by Serendipity Farm Sporthorses; Mar. 18, 2013 at 04:45 PM.


    1 members found this post helpful.

  2. #2
    Join Date
    Apr. 23, 2010
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    Default

    *****
    Last edited by Serendipity Farm Sporthorses; Mar. 18, 2013 at 04:46 PM.



  3. #3

    Default

    I sure hope the wife has lawyered up already.


    1 members found this post helpful.

  4. #4
    Join Date
    Aug. 11, 2003
    Location
    Midwest
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    Buyer should be notified that since there is evidence the horses were purchased in a fashion the buyer should have known was unusual, the courts will almost certainly not uphold the sales agreement and the buyer will be left to recover her funds from the husband.

    1. If divorce proceedings have been officially started, all parties (both spouses) are subject to their own actions as far as incurring debt or improperly disposing of assets, and

    2. You are only protected as a buyer if you are purchasing from a merchant under normal circumstances. If you know the situation of the sellers and buy "under the table" even with old paperwork, your purchase will not be upheld, and

    3. If divorce proceedings were underway, husband is no longer reasonably to be considered an agent of the wife, so if the person knew they were getting divorced, they have ZERO case to uphold the sale.

    Buyer is an idiot and is screwing themselves in this case. They need a lawyer. LOL. Wife will undoubtedly get her horses back if she can just keep track of where they are.


    2 members found this post helpful.

  5. #5
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    Aug. 11, 2003
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    Midwest
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    Honestly, best hope for the buyer is to return the horses and seek recovery of her payment. The buyer will be twice as screwed if they sell the horses, and the person who buys them WILL be able to seek damages from the first buyer, but the buyer will then have no horses, no money and also another buyer to contend with.

    Also, if the buyer sells the horses while knowing their purchase is being contested, they could potentially end up having to pay BOTH the wife AND whoever they sell the horses to back and possibly no longer be able to get the horses back either. So BAD situation for the buyer! They are much better off trying to undo the sale and get money back from the husband!


    1 members found this post helpful.

  6. #6
    Join Date
    Apr. 23, 2010
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    Hello Spectrum, thank you for the encouraging post. I'm sure it will lift the breeders spirits! Hopefully, things work in her favor. She does not live in the state of FL and found out the day they had left teh husbands property as a neighbor was keeping an eye on them... Not knowing where they went was very disturbing to her. But, by shear happenstance she learned of their where abouts a week after they left his property.

    Please, I ask that people pass on this info. any help in maintaining chain of possesion of these horses as legalities are processed would be helpful.

    I know that in the end, the breeding community can certainly have each others backs...
    Last edited by Serendipity Farm Sporthorses; Mar. 17, 2013 at 11:24 PM.



  7. #7
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    Jan. 29, 2010
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    She should probably contact netposse and maybe local law enforcement, so that those horses don't disappear. I guess her lawyer knows what steps to take, or he should consult w/ Spectrum. I hope she gets her horses back soon. That's an awful end to an 8 month marriage. Good grief.
    Disclaimer: Just a beginner who knows nothing about nothing


    1 members found this post helpful.

  8. #8
    Join Date
    Jul. 21, 2011
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    Co
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    Quote Originally Posted by Daventry View Post
    If she needs any additional help with equine appraisals, valuing the horses, etc. for court, I always try and offer a discount for cases like this. Tell her to give me a call
    Probably best to send that offer by PM.



  9. #9
    Join Date
    Oct. 28, 2007
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    NY
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    Interesting. For a similar situation, read what the papers write about "judge Judy"
    buying a set of china dishes from a divorcing coworker. You may get some insight into the legal issues involved.

    (oops, see some actual lawyers have already posted. NM)



  10. #10
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    Apr. 23, 2010
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    I find the Judge Judy case quite interesting

    http://www.eonline.com/news/398395/j...rss_topstories
    Last edited by Serendipity Farm Sporthorses; Mar. 17, 2013 at 09:51 PM.



  11. #11
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    Delaware Valley
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    Very sad. Wife should get a lawyer. Maybe buyer should get a lawyer too.

    As far as I can tell, this thread wasn't started to solicit legal advice. Legal advice on the internet is worse than useless; it can be dangerous. It should be obvious, but may need repeating, that the real world isn't Judge Judy.

    Banging my head on the desk and wondering why I spent 3 years and thousands of $$$ to get a law degree when I could have just watched Judge Judy



  12. #12
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    Apr. 23, 2010
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    Yes, but, it is rather amuzing that Judge Judy was involved with something similar. But, not a judge Judy fan myself



  13. #13
    Join Date
    Nov. 19, 2005
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    sorry --did not intend as legal just a different take on the facts (which of course can change) so I deleted my post



  14. #14
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    Nov. 8, 2006
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    Quote Originally Posted by Discobold View Post
    Very sad. Wife should get a lawyer. Maybe buyer should get a lawyer too.

    As far as I can tell, this thread wasn't started to solicit legal advice. Legal advice on the internet is worse than useless; it can be dangerous. It should be obvious, but may need repeating, that the real world isn't Judge Judy.

    Banging my head on the desk and wondering why I spent 3 years and thousands of $$$ to get a law degree when I could have just watched Judge Judy
    Just take a step back for a minute. Feel free to read the thread, so you'll see your assumptions are incorrect. Nobody said to take advice from the judge Judy show. She was sued in a traditional manner for a china set and 500k in punitive damages after purchasing the china set from a coworker going through divorce.

    The two (or three) parties possibly involved in any legal action are not even part of the discussion going on here, so nobody is giving direct legal advice. People are free to discuss what they think may be legal concerns. The biggest red flag I see is how much information the OP posted (as a friend), but legally it probably doesn't matter.


    2 members found this post helpful.

  15. #15

    Default Message from Firm Representing Buyer

    Our firm has been retained to represent the buyer in the aforementioned horse sale transaction. As the attorneys retained to represent the buyer, whom for reasons of protecting the buyer’s privacy I shall not disclose here, I would caution the original poster in this forum to cease and desist from making any defamatory remarks against the buyer, without first verifying the veracity of all parties involved in the transaction. Our client has in no way engaged in any nefarious, immoral, or otherwise illegal activities of any kind whatsoever, and, in fact, is communicating with or commencing full disclosure to the parties to the transaction and local authorities. This message is intended to caution the original poster of the messages placed in this forum that defamatory remarks later proved to be factually untrue can carry significant consequences for the party making such remarks. Kindly cease and desist from making any further remarks and consider removing this post from the forum. We will vigorously and zealously defend the buyer from any defamatory remarks made. Should you wish to discuss this matter, the original poster may contact our office Monday – Friday at (786) 224-4801.

    Very truly yours,
    Andrew D. Robinson, Esq.
    Kassebaum, Robinson & Abelairas, P.A.
    11645 Biscayne Boulevard, Suite 302
    North Miami, Florida 33181
    Tel. (786) 224-4801


    4 members found this post helpful.

  16. #16
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    Nov. 20, 2005
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    Why is it that the common denominator for all scum bags is usually South Florida?


    3 members found this post helpful.

  17. #17
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    Apr. 23, 2010
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    To the Attorny involved. I suggest that you contact the breeder/owner of these horses on your clients behalf....

    There are no deflamatory remarks against the buyer as...there is no "buyer" mentioned! Only a warning to others who may be drawn into this situation!


    20 members found this post helpful.

  18. #18
    Join Date
    Apr. 23, 2010
    Posts
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    Mr Robinson...

    Looks like this is you, right?

    http://www.miaminewtimes.com/2008-11...t-caught/full/


    17 members found this post helpful.

  19. #19
    Join Date
    Nov. 1, 2007
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    160

    Default

    I'm getting popcorn!!!!


    11 members found this post helpful.

  20. #20
    Join Date
    Jan. 28, 2002
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    Alberta, Canada
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    Quote Originally Posted by Andrew Robinson View Post
    Our firm has been retained to represent the buyer in the aforementioned horse sale transaction. As the attorneys retained to represent the buyer, whom for reasons of protecting the buyer’s privacy I shall not disclose here, I would caution the original poster in this forum to cease and desist from making any defamatory remarks against the buyer, without first verifying the veracity of all parties involved in the transaction. Our client has in no way engaged in any nefarious, immoral, or otherwise illegal activities of any kind whatsoever, and, in fact, is communicating with or commencing full disclosure to the parties to the transaction and local authorities. This message is intended to caution the original poster of the messages placed in this forum that defamatory remarks later proved to be factually untrue can carry significant consequences for the party making such remarks. Kindly cease and desist from making any further remarks and consider removing this post from the forum. We will vigorously and zealously defend the buyer from any defamatory remarks made. Should you wish to discuss this matter, the original poster may contact our office Monday – Friday at (786) 224-4801.

    Very truly yours,
    Andrew D. Robinson, Esq.
    Kassebaum, Robinson & Abelairas, P.A.
    11645 Biscayne Boulevard, Suite 302
    North Miami, Florida 33181
    Tel. (786) 224-4801
    Wouldn't it be more appropriate and professional to contact the parties involved personally, rather than posting a cease and desist on a public bulletin board?
    www.DaventryEquestrian.com
    Home of Welsh Pony, ISR/Oldenburg & RPSI pony stallions Daventry's Power Play, Goldhills Brandysnap LOM & Alvesta Picasso
    Also home to www.EquineAppraisers.com


    12 members found this post helpful.

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