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Who owns the horse?

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Michelle78 View Drop Down
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Joined: 04/November/2009
Location: Australia
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  Quote Michelle78 Quote  Post ReplyReply Direct Link To This Post Topic: Who owns the horse?
    Posted: 04/November/2009 at 23:37
Ok, my friend has sold a horse, and now the buyer has stopped making payments.

The horse is with the buyer, as it was allowed to go to their place once a dposit was made (wich was done).

A contract was made by the buyer, wich was sentto my friend and was signed by the buyer.

It stated the due date on wich the horse was to be paid off by, wich has now passed.

There is no address of where the horse is, or contact details of the purchaser. There is also no mention of what was to happen if the horse wasnt paid in total.

Also my friend didnt send them (wich was impossible anyway) a copy that was signed by himself.

Does he have a leg to stand on to recoup costs and or the horse?

Thanks.
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MartinO View Drop Down
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Joined: 02/March/2009
Location: Australia
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 05/November/2009 at 13:37
Michelle it would appear that the buyer of the horse owns it in the absence of any written agreement as to when title passed to the them. However they owe a debt to the seller who has a number of remedies.

First a letter of demand for he amount owing, second a claim through court for this or alternatively for the return of the horse if the demand for payment is unsuccessful.
I am NOT a lawyer. Anything said is NOT legal advice.
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