What do you guys think?

General on-topic discussion.

Moderators: Roguelet, hpkingjr, WaveMaster

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petersd
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Postby petersd » Sun Sep 02, 2007 11:29 am

She's not going to sue. For there to be a claim, there has to be damages. In this case, the buyer got a tangible asset for free. Hard to argue around that one, as well as the "as is" sale receipt.
If in fact, as I believe, she bred her mare to your colt without your knowledge, this was all pre-planned, to include her trying to get a DNA test and cover card from you. The burden of proof is on her to prove your colt is the sire (though I suspect she wouldn't be insisiting on the DNA test if she didn't know he was in fact the sire). Tell her to DNA type the foal, and in fact you colt is the sire, then you can negotiate for the stallion certificate.
All of her other demands are simply to try and push you into giving her the certificate for free.

hpkingjr
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Conversion

Postby hpkingjr » Sun Sep 02, 2007 12:44 pm

Conversion might be a counterclaim if he was indeed the sire. You could also offer to rescind the contract based on mutual mistake (you get the mare and foal back and she gets the $800.00). She can't have it both ways.

I'm guessing this is a con job to get a free registered foal.

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madelyn
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Postby madelyn » Sun Sep 02, 2007 1:07 pm

I would take hpkingjr's word for it, he is an attorney.
So Run for the Roses, as fast as you can.....