possible law suit? - Page 2
 
 

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possible law suit?

This is a discussion on possible law suit? within the Horse Law forums, part of the Horse Resources category

     
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        10-18-2008, 01:57 PM
      #11
    Foal
    Vet checks really help - theirs and yours

    Here in Switzerland we have a 10 day "return-for-any-reason-what-so-ever policy". However, I have found that when it comes to spending money on a horse it is very helpful to have the seller agree to having their vet come out for an inspection of the animal prior to purchase. You should be there and discuss the horse with the vet and its past history. The owner should be agreeable to this. If not, a big red flag. I ask them to pay for the visit.
    The second visit should be done by your vet or another independant vet and the extent of the exam should reflect the purchase price of the horse. For instance a pleasure horse does not need x-rays, a show or breed horse will.
    A few years ago I lost a very expensive investment stallion to "wobblers" so make sure the vet can do a proper neuro exam.
    The 10 day trial makes it very nice as you can discover many things about a horse during that period. Perhaps it is something you can negotiate with a seller there in the US.
         
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        10-18-2008, 06:32 PM
      #12
    Foal
    I have been told you can.

    I just had a bad deal with a girl over the horse I had.

    I bought her, was told she was in perfect health, the girl got her from Canada when she was three, and she was now four. She said she had broken her and done everything.

    I got the Warmblood mare home, and found out immediately from a vet that she had a pretty serious heart murmur, and she was between 6-7 years old.
    I asked the girl if she had had her vetted before, and she said yes many times.
    I told her about the heart murmur, and requested copies of all the mare's previous vet records (the girl told me a vet had never told her that before, which is why I wanted the proof)... and never heard back from her.

    I had put a deposit on the mare, and was going to do a lease-to-buy to finish paying for her. After that incident, I never sent her anymore money. After not hearing from her for a couple weeks, I sent her an e-mail in attempts to contact her again. I basically told her that I was not willing to pay that price we stated anymore because of the heart murmur. That in order to Event with this mare like I wanted, I would have to do further heart tests and evaluations to find out just how severe it was. And I wanted to do this, because I really liked the mare. I told her that if we could come to an agreement, that'd be great, but I wasn't sending any payments until we could come to one, and I saw that her vets had cleared this mare with "no heart murmur". I told her if she didn't want to work something out, she could come pick up the mare then, and the lease would be terminated, with no purchase at the end obviously either.

    Never heard back from her.

    I have since sold the mare, she was not what the girl told me she was.
    She, honestly, I believe had neurological issues. She was very two-faced, and almost spaztic. I have to wonder if she was beaten at some point in time, since obviously the girl didn't get her when she was three. Who knows where the poor horse had come from.
    I just didn't have the time to work with her, she had too many issues that I was unaware of.

    I have been waiting to see if she was going to come at me. But honestly, she'd be stupid to. I have Navy Legal on my side (My husband is Military) and she wouldn't win.
    She obviously got scared when I found out everything and confronted her, and just wanted to wash her hands of the mare for only the deposit I gave her.

    Anyhow though...
    Yes, if its something serious, I think most definitely you could sue.
         
        10-19-2008, 06:14 PM
      #13
    Started
    You would have to prove they knew about it, probably through vet check-ups.

    But if it was unknown to them, then it couldn't be a law suit and it would be your fault for buying a horse with a medical condition and not having a pre-purchase vet check.

    Or so I would assume.
         
        10-19-2008, 07:03 PM
      #14
    Trained
    I wouldn't say it our fault.. I mean it is, but we were going to get him regardless. My fiance fell in love with him and just had to have him.

    I have a feeling they knew about his arthritis or suspected it. But there were other medical conditions that he had that we were never told of and they definitely knew about it.

    I guess it's all water under the bridge now anyways.
    I was just curious if anything could happen.
         
        10-19-2008, 07:08 PM
      #15
    Weanling
    I don't understand why you'd buy a horse without having a vet check on it first..
    Yes, they should have told you if they knew of any health issues, but it's your responsibility to get the horse vet checked before you buy it.
         
        10-19-2008, 07:20 PM
      #16
    Trained
    ^^ does it really matter that I didn't get a vet check on him first?
    Like I said, we didn't buy him for him to be a jumper or anything, we got him basically because my fiance fell in love with him and to "rescue" him.
         
        10-19-2008, 07:29 PM
      #17
    Weanling
    Um, ok

    Then why are you talking about sueing the people you "rescued" it from?
    That makes absolutely no sense at all
         
        10-19-2008, 10:26 PM
      #18
    Green Broke
    Quote:
    Originally Posted by Snapple122    
    um, ok

    Then why are you talking about sueing the people you "rescued" it from?
    That makes absolutely no sense at all

    You are really being rude...
         
        10-19-2008, 10:37 PM
      #19
    Trained
    Quote:
    Originally Posted by Snapple122    
    um, ok

    Then why are you talking about sueing the people you "rescued" it from?
    That makes absolutely no sense at all
    She didn't say she would sue them -- she asked a hypothetical question based on a real-life scenario I think. Something to take under her hat for future maybe, or just for interests sake, or to see if there would be any validity in claiming any $ -- maybe to help with vet bills or who knows what. I wouldn't be so quick to say it doesn't make sense.
         
        10-19-2008, 10:42 PM
      #20
    Banned
    Snapple, both Appy and her BF, Tom, has put LOADS of money into Gem...money that might have been not spent if they knew the problems ahead of time.

    She never said she would sue, she just wondered if she could. It's nice to know for future reference also.

    And many people don't do a pre-purcahse exam before buying. It's not a crime if you don't.
         

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