Could the COTH sleuths also find show records on OP and her alledged program? From her posts under her original name Losgelassenheit, she speaks of being very active in the show community. Results, Please?
Probably meant active, as in driving other competitors around in golf carts.
I think we know enough about the OP and her mother (or mother in law?) from this thread to assume they are not well-known competitors. They own a boarding barn, buy and sell horses, are involved in the horse community, and are just one more of those barns eking out a living for themselves on a limited budget. It seems they might like to find that diamond in the rough and win some show classes. Thatâs my impression. Nothing unusual about it.
I was really hoping for an update but I doubt we will get one nowâŠ
I agree, I think we scared off both of them. Hope it all worked out for everyone, obviously at least one person is still probably unhappy.
My eyes hurt, I feel slightly nauseated, the guac is gone, the wine vat is empty, there are Peep shreds everywhereâŠnow what?
[QUOTE=Kwill;8548279]
I think we know enough about the OP and her mother (or mother in law?) from this thread to assume they are not well-known competitors. They own a boarding barn, buy and sell horses, are involved in the horse community, and are just one more of those barns eking out a living for themselves on a limited budget. It seems they might like to find that diamond in the rough and win some show classes. Thatâs my impression. Nothing unusual about it.[/QUOTE]
I agree with this assessment based of looking at the horses that they have listed for sale and have sold. Itâs an odd mix of horses, mostly entry level typesâŠnot what you would expect to see at A shows. There is nothing inherently wrong with that.
Seriously though, why come on here and invent a sob story? In fact, itâs perfectly legitimate to say âI negotiated a great deal on a pony three states away. We signed a contract and paid cash in full. Itâs a talented pony and I am excited the seller was willing to reduce the price so we could get it. We are going to show and then resell the pony, because itâs got A circuit potential. But when we went to pick up the pony, the seller refused to release it and had changed her mind.â
No need for imaginary children, single parents on a budget, or any other heart rending circumstances. Seller still needs to release the pony.
[QUOTE=Kwill;8548802]
Seriously though, why come on here and invent a sob story? In fact, itâs perfectly legitimate to say âI negotiated a great deal on a pony three states away. We signed a contract and paid cash in full. Itâs a talented pony and I am excited the seller was willing to reduce the price so we could get it. We are going to show and then resell the pony, because itâs got A circuit potential. But when we went to pick up the pony, the seller refused to release it and had changed her mind.â
No need for imaginary children, single parents on a budget, or any other heart rending circumstances. Seller still needs to release the pony.[/QUOTE]
I donât disagree, but it is possible there is a disadvantaged child that is supposed to be the rider of the ponyâŠthey just arenât the buyer.
The story was that the disadvantaged child was the offspring of the client, who had slaved away to buy this pony and it was all she could afford. So I am afraid the two went hand in hand as an invented tale.
I have a question about the breach vs fraud for those who know the law on this.
So, I understand that if there was fraudulent inducement then there was never a valid contract, and therefore sellerâs refusal to allow pick-up was not a breach âŠ
Hypothetically speaking ⊠timing issues? âŠ
When does seller have to yell âfraud!â to make that a valid complaint, that is, to bolster her truthfulness that Buyerâs claims are why she agreed to the price and the sale? Does she need to have been clear in her conduct throughout this drama that Buyerâs claims are indeed the reason she acted as she did?
What if Sellerâs decision to sell, and her actions later, were not in fact based on Buyerâs claims - even untruthful claims? Perhaps it was simply that Seller wanted the money and at the time there were no other offers, and Buyerâs claims didnât factor into the sale and were thus merely wispy warm breaths of air.
Based on the Sellerâs own story, weeks went by before she raised the issue. Indeed, Seller said nothing about feeling duped until AFTER she was challenged for non-performance.
Seller now says she came to the conclusion that she was duped into her sale decision during the long delay (weeks) before contract performance. But, during the weeks of delay, she did not say anything to Buyer about this to dispute the sale. The day before performance she said, for the first time, only that she was cancelling the sale without saying why.
Buyer then tries to enforce the contract, only to get taunting messages from Seller âyouâll never see this ponyâ etc., Seller still saying nothing about feeling misled by Buyer. Buyer did not know why Seller was refusing to let the pony go and was surmising that Seller had found a better deal with another buyer.
Seller cried âfoulâ only AFTER it was clear that Buyer was going to fight the cancellation. Perhaps Seller realized she needed stronger support for her actions than ânannynannyboobooâ ?
In terms of veracity, if the Buyer (Buyerâs Rep) is not to be believed, Iâm not sure the Seller can be believed, either. I wonder if an early-thread assumption has merit, that the real reason for Sellerâs actions was that she found a better deal elsewhere. No way to know from here! But Sellerâs story does not jibe with her actions, imo.
Just wondering how the timing aspects might factor in âŠ
⊠and secondly, HYPOTHETICALLY, how would it change things if it could be proved that Seller DID sell that pony again, between the original sale and the pick-up attempt. :eek:
Where is that pony now? And how did that pony get there? :lol:
I have to say that snow may have delayed pick-up a few days, even a week, but Iâm doubtful that weather explains the 4+ weeks delay that seems to have elapsed. Whatever the reason, the delay created many problems that could probably have been avoided, thus depriving us of this thread. 
Short answer is within the statute of limitations applicable in that jurisdiction. The time period does not start until the harmed party knows or should have known of the harm. So, if seller thinks everything is fine at first and then learns of facts that leads seller to believe that buyer was being fraudulent in their representations during negotiation and signing of the contract, then that is when the time period starts. I believe (note: I am not licensed in SC) that the time period is 3 years under SC law. But in any event, thereâs nothing inherently wrong with seller not making any fraud claims for weeks. And, even if seller did feel duped during some of those initial communications, a few weeksâ delay does not bar the fraud allegation.
In this case, where the OP is threatening to sue for enforcement of the contract, then the seller would be using fraud as a defense to enforcement of the contract.
[QUOTE=IPEsq;8549221]
Short answer is within the statute of limitations applicable in that jurisdiction. The time period does not start until the harmed party knows or should have known of the harm. So, if seller thinks everything is fine at first and then learns of facts that leads seller to believe that buyer was being fraudulent in their representations during negotiation and signing of the contract, then that is when the time period starts. I believe (note: I am not licensed in SC) that the time period is 3 years under SC law. But in any event, thereâs nothing inherently wrong with seller not making any fraud claims for weeks. And, even if seller did feel duped during some of those initial communications, a few weeksâ delay does not bar the fraud allegation.
In this case, where the OP is threatening to sue for enforcement of the contract, then the seller would be using fraud as a defense to enforcement of the contract.[/QUOTE]
Now I see where you get your screen name from.
Funny enough I am in the process of researching SC contract, fiduciary and malpractice law before deciding what direction to go in. Not a horse deal gone bad.
SOL is 3 years for written contracts. 20 years for a contract under seal. Correct me if I am wrong but it is my understanding that a Bill of Sale is considered a âcontract under sealâ.
âBILL OF SALE: In contracts. A written agreement under seal, by which one person assigns or transfers his right to or interest in goods and personal âŠâ
The above is just a quick reference I gleamed from the internet. Not Wikipedia
Th
1 Like
[QUOTE=LS;8549313]
Th[/QUOTE]
Extra credit for the Thelwell pony!
LS, thatâs just brilliant! But how did you know what my horse looks like and can you now design the interior?! 
Thanks, Frostbitten! Iâm a painter, not a designer/graphic designer, so it will take a while. But I can see it clearly in my mind. Now that Iâm looking, we need some cleaning supplies! Thereâs popcorn strewn all over the floor and under the barstools. Wine has been sloshed everywhere, and there are guac stains on the barâŠ
[QUOTE=gumtree;8549311]
Now I see where you get your screen name from.
Funny enough I am in the process of researching SC contract, fiduciary and malpractice law before deciding what direction to go in. Not a horse deal gone bad.
SOL is 3 years for written contracts. 20 years for a contract under seal. Correct me if I am wrong but it is my understanding that a Bill of Sale is considered a âcontract under sealâ.
âBILL OF SALE: In contracts. A written agreement under seal, by which one person assigns or transfers his right to or interest in goods and personal âŠâ
The above is just a quick reference I gleamed from the internet. Not Wikipedia[/QUOTE]
I believe so re Bill of Sale. Although the the 3 year SOL is for oral contracts. The 3 year SOL I referred to was to seek civil relief on grounds of fraud. At least that is my understanding from looking as SC codes for a few minutes. To be verified by locally licensed counsel
[QUOTE=LS;8549381]
Thanks, Frostbitten! Iâm a painter, not a designer/graphic designer, so it will take a while. But I can see it clearly in my mind. Now that Iâm looking, we need some cleaning supplies! Thereâs popcorn strewn all over the floor and under the barstools. Wine has been sloshed everywhere, and there are guac stains on the barâŠ[/QUOTE]
the peanut shells sob up the wine, and for he Guac stains, we have micro fiber cloths. easy peasy
[QUOTE=LS;8549313]
Th[/QUOTE]
Oh love !!! A place to spend the day âŠ
And thatâs a problem because ⊠?
No need to devote valuable drinks storage space to >ick:(< cleaning supplies. Just an occasional thorough blasting with a barn hose. :winkgrin:
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