Suing for a horse not being as advertised? - Page 2
   

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Suing for a horse not being as advertised?

This is a discussion on Suing for a horse not being as advertised? within the Horse Law forums, part of the Horse Resources category
  • How to make my horse measure 15.2

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    09-17-2012, 11:26 AM
  #11
Green Broke
Oh and height measurement is notoriously innacurate, you'll have a job proving the horse is under height unless you have a fully calibrated measuring stick, measuring pad and independant vet to measure him. My lad measures 15.2hh at home, but on a vets official pad he measures just short of 15hh.
     
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    09-17-2012, 11:36 AM
  #12
Foal
No, not a troll. But as a horse owner, I can honestly say I have NEVER misrepresented a horse I was selling and would gladly take the horse back and issue a refund if somehow there was ever this type of misunderstanding, omission or miscommunication. But hey, maybe that's just me and I becoming pretty certain that I am in the minority in the horse industry.
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    09-17-2012, 11:38 AM
  #13
Showing
Quote:
Originally Posted by faye    
You didnt see the horse, you didnt have it vetted. Its therefore your fault and your loss.

I'd want to know what sort of back yard breeding establishment you are running that you wouldnt have a PPE and that a small difference in height is the biggest thing you can find to worry about.
Soundness of breeding horses is of utmost importance unless they are unsound through injury (which a PPE would pick up). If you do not care about sound horses then how on earth are you going to breed sound stock
How do you know that the horse hasnt got an infectious disease, how do you know he isnt a rig (rigs can still sire foals), how do you know that he hasnt got some disfigurement that clever camera angles has disguised or degenerative joint disorder.
If anything a PPE for breeding stock is just as essential as for ridden stock!
Good post. Especially the last line.

Horses' height is one of those notoriously difficult things to advertise and get right. I've known many, many "16+hh" horses that really measure at 15-15.2. Height should never be taken as advertised, and if it's important to you, verified before money exchanges hands.
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    09-17-2012, 11:42 AM
  #14
Foal
Quote:
Originally Posted by JustDressageIt    

Horses' height is one of those notoriously difficult things to advertise and get right. I've known many, many "16+hh" horses that really measure at 15-15.2. Height should never be taken as advertised, and if it's important to you, verified before money exchanges hands.
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Yes. More fool me. But I still think it is wrong for a seller to do.
     
    09-17-2012, 11:43 AM
  #15
Trained
Quote:
Originally Posted by Tallulah    
No, not a troll. But as a horse owner, I can honestly say I have NEVER misrepresented a horse I was selling and would gladly take the horse back and issue a refund if somehow there was ever this type of misunderstanding, omission or miscommunication. But hey, maybe that's just me and I becoming pretty certain that I am in the minority in the horse industry.
OK, but as a seller, there is no way I would refund someone if they had picked up a horse, taken it away and then complained later about its height, just makes no sense.
     
    09-17-2012, 11:44 AM
  #16
Showing
No, you're not in the minority, but there most certainly are people out there who will take advantage of someone who buys a breeding animal with no PPE and sight unseen. You set yourself up to be taken. While I don't agree with someone trying to cheat you, you didn't do yourself any favors by going blindly into this transaction without any personal recourse. You're at the very least naive.

Plus, why would you even consider purchasing an animal for breeding without getting a health check first? Breeding animals need to be in the best of health, so you stating you don't CARE about his health but do about his height simply amazes me. Your priorities appear to be severely skewed.
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    09-17-2012, 11:51 AM
  #17
Trained
Quote:
Originally Posted by Tallulah    
There was no sales/purchase contract and I suspect you are right but wanted to ask.

You are buying a high dollar animal for breeding (because no one buys a low dollar one to breed right) and you have no contract?
     
    09-17-2012, 11:51 AM
  #18
Green Broke
Talluhlah, How do you know that on thier uncalibrated stick that the horse doesnt measure 15.3hh, how do you garentee that your stick is the correct one?
Have you had it officialy calibrated each year, do you maintain your calibration certificates, has your measuring area been calibrated and is completely level?

Was the horse relaxed when you measured it but not relaxed when they measured it? A horse gets bigger if it is excited.
Is the horse in the same condition now as it was when they measured it (again fat can ad height), are you measuring at the correct spot and did they meassure at the correct spot? Was the horse dehydrated after a long journey when you stuck a stick on it (dehydration is a well known way to reduce a horses height).

I show horses in height classes where being 0.1cm over height can destroy a horses showing career entirely. My knowlege of measuring, what effects it is very large, however it is obvious that either you or the seller does not have the same knowlege.
     
    09-17-2012, 12:08 PM
  #19
Started
Dumb question, I'm sure...but if HEIGHT is the only issues. If he's sound or has the conformation your looking for, why not just breed to larger mares? Also, his height doesn't mean his offspring will be his size. I have a couple of mares who are out of the same sire (different mares) and are different sizes.

I guess since I like smaller horses, I'm confused why just a few inches is the end of the world and you'd want to take him back. It's not like they said he was 15.3 and he was only a 13 h pony.
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    09-17-2012, 12:20 PM
  #20
Green Broke
Quote:
Originally Posted by faye    
I'd want to know what sort of back yard breeding establishment you are running .....
Wow. Preachy much? ... lol.

There are nicer ways to say things... imo.
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