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A Warning to FL buyers

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  • 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, 05:45 PM.
  • Original Poster

    #2
    *****
    Last edited by Serendipity Farm Sporthorses; Mar. 18, 2013, 05:46 PM.

    Comment


    • #3
      I sure hope the wife has lawyered up already.
      Fresh, Frozen & ISO Warmblood Breedings FB Group

      Comment


      • #4
        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.

        Comment


        • #5
          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!

          Comment

          • Original Poster

            #6
            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. 18, 2013, 12:24 AM.

            Comment


            • #7
              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

              Comment


              • #8
                Originally posted by Daventry
                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.

                Comment


                • #9
                  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)

                  Comment

                  • Original Poster

                    #10
                    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, 10:51 PM.

                    Comment


                    • #11
                      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

                      Comment

                      • Original Poster

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

                        Comment


                        • #13
                          sorry --did not intend as legal just a different take on the facts (which of course can change) so I deleted my post

                          Comment


                          • #14
                            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.

                            Comment


                            • #15
                              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

                              Comment


                              • #16
                                Why is it that the common denominator for all scum bags is usually South Florida?

                                Comment

                                • Original Poster

                                  #17
                                  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!

                                  Comment

                                  • Original Poster

                                    #18
                                    Mr Robinson...

                                    Looks like this is you, right?

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

                                    Comment


                                    • #19
                                      I'm getting popcorn!!!!

                                      Comment


                                      • #20
                                        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 Oldenburg, Westphalian & RPSI approved pony stallion Goldhills Brandysnap
                                        Also home to Daventry Equine Appraisals & Equine Expert Witness www.EquineAppraisers.com

                                        Comment

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