What canI do to recover money paid for a fraudulent purchase?
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What canI do to recover money paid for a fraudulent purchase?
About a month ago I answered an ad for a gelding. I went to the house, saw him, rode him, bought him. Received bill of sale and coggins test both stating “gelding” but when I tried to put him near my other horses (2 mares) a week later, he began typical stallion behavior – full erection, hollering, stomping, etc. I took him to the vet and had a blood test done- it came back with a testosterone level of a stallion which means he has one or both retained testicles and is a stallion. It would cost me more than I paid for him to castrate; seller refuses to take him back or compensate.
Asked on August 31, 2010 under General Practice, Florida
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You can sue the seller for fraud. Fraud is the intentional misrepresentation of a material fact made with knowledge of its falsity on which you justifiably relied. Your damages (the amount you are seeking to recover in your lawsuit) would be either your out-of-pocket-loss or the benefit of the bargain . Your out-of pocket- loss is the amount you paid. The benefit of the bargain is the difference between what you paid and what you should have paid for a stallion instead of a gelding. You can also recover court costs such as the court filing fee and process server fee.
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