This is an archived Horseadvice.com Discussion. The parent article and menus are available on the navigation menu below:
HorseAdvice.com » Equine Business and Law » Legal Discussions » Discussions on Legal Articles not covered above »
  Discussion on Sale of wagon gone sour
Author Message
New Member:
Veraned

Posted on Saturday, Nov 29, 2003 - 7:43 am:

Here is the problem:

We initially traded an antique wagon for a vis-a-vis (we were to get the wheels re-done and rubberized on the antique wagon. We got them re-done but while waiting to rubberize the wagon it was sold "as-is" to a friend of ours (Lee), without the wheels being finished -rubberized). Lee paid the gal (Dee) who owned that wagon at the time $300 with an 800 balance to be paid in 4 months. The 4 months went by with no further payment, even after Dee sent Lee a registered letter asking for some kind of payment.

Lee had no place to store this wagon so it was left in my garage all this while. I asked Lee about taking it and without telling her I knew what was going on, she told me she didn't want it, she couldn't pay for it..... Dee wants to re-possess this wagon now. If I allow Dee to take it, can I be in trouble for giving it to her? Doesn't Dee need a letter from a judge to re-possess? Even though Lee didn't pay the balance, isn't the wagon still her property and wouldn't I be in trouble for giving it to Dee?

2nd thing is, now Dee wants me to rubberize the wheels per our agreement prior. My understanding was the wagon was sold "as is" which was everything as it was at that point.... do I legally have to rubberize them for her?

Thanks!
Member:
Jjet

Posted on Saturday, Nov 29, 2003 - 10:24 am:

Let's see, if I understand this properly, you traded a wagon, which included having the wheels re-done, post-trade, for another vehicle. Then, that person sold it to a second person. Just off the top, it sounds like you owe the first person at least the cost of having the wheels done, whether or not the act is completed. In the absence of a written contract, who knows what the actual legality is, it's whoever presents the most convincing case in court. I doubt you want it to go there, however, and you really should make good on your original agreement, anyway.

Regarding the trade that person made to the second person, I would not get involved, you'd probably just lose. I wouldn't give either party permission to move the vehicle until the issue is resolved between them. Dee should go to small claims court to get it settled. You don't need an attorney for that and it shouldn't take too long.

Things can get so complicated sometimes, can't they! You are asking for opinion here, right? I hope you're not offended, this is only an opinion. State laws vary, I'm only offering a laymans view (I'm from CA.).
Member:
Veraned

Posted on Saturday, Nov 29, 2003 - 11:19 am:

We sold the wagon for the Dee. It was sold to Lee "as is", the wheels were not rubberized at that point, just rebuilt. We were suppose to get a commission for all the sales and clients we brought to Dee. Which I must say has been numerous over the past 2 years. Never receiving anything I might add. But that's neither here nor there I guess.
Home Page | Top of Page | Join Us!
Horseadvice.com is a BBB Accredited Business. Click for the BBB Business Review of this Horse Training in Stokesdale NC