First time horse seller here. Will try to be concise..
I sold my 17 year old QH mare to a man with a 10 day trial period. (mistake #1)
Was told the trial was only to see if she got along with his 2.
We had a contract that stated:
If she gets injured, he notifies me immediately, and is responsible to seek medical intervention..and pay for all vet bills and meds.
He has the right to refuse to buy her before 10th day.
I have right to inspect and refuse her back if she is injured. (not pre-existing injury or condition)
I also gave a list of conditions for the trial. 1 of them was no hard riding.
@ 2 days into the trial, after being stalled for 2 days, she came up lame with a fetlock injury.
His vet came that day to check her over anyway, and offered bute and joint meds. They gave her neither.
Vet said possibly happened during the 3 hour trailer ride. And might be an old injury that was tweaked.
He has two 15 year old girls who care for his horses for him as he is part time in residence (rich lawyer.. country cabin/farm)
]The girls rode her almost daily while she was limping and swollen. I have emails updates from one of them claiming riding at the jog, trot and lope and mentioning that she was still swollen and limping while riding.
On the evening of the 8th day, the girl called to tell me she was almost completely lame, worsening since day 6 and they didnt want her.
I again asked if they called the vet as per the contract, and they stated no. No first aid, no stall rest, no wraps, no ice or heat.
They are now insisting this is a previous injury and therefore I cant refuse her back.
The man is now trying to drug her up to be able to handle the 3 hour ride again.
I am still refusing to take her back. My vet is against moving her at this time with this injury.
While I owned her, She was boarded an hour away so I didnt have much contact. I've owned her approx 5 years. I no longer ride.
She was used for lessons there for many years with no problems. she also does several trail rides per year with no problems.
I contacted the vet we used who states she has never treated this mare for a fetlock injury. And will write an affidavit about it for me.
I have a possible statement from another woman who taught lessons at this barn for over a year using this mare with no problems, and is unaware of any history of fetlock injury or lameness.
She was also still in use as a lesson horse up to the day I sold her with no problems.
Yet the man insists there was one, and refuses to keep her.
They came up 2 weeks prior to purchase and rode for 2 hours with no evident problems.
They also inspected her on day of purchase and she was sound, not swollen and not limping.
I am holding a personal (I know.. stupid) check for the entire amount that I cannot cash because we are now disputing the purchase.
I feel he violated the contract by not notifying me when she worsened.. not seeking medical attention, not applying any first aid or meds, and for the girls riding on a fetlock injury making it worse.
He wants to seek a mediator for the issue, but none are available in my area. I am on fixed income.. single Mom.. and NO money for board and or horse bills.. so I dont want her back. He states they are not keeping her.
You were notified something was wrong, just as you asked, why didn't you take any action then? They may not have gotten vet care, but once the horse was taken care of, I'm sure you could contest the vet bill with them to make them pay for it.
The girls were foolish, but I don't think you really have a case, as they did what you asked, and they have the emails to prove it.
If you're looking to wash your hands of this, I think your best bet would be to accept this as a loss, and post a "Free to good home, must pick up asap" ad in the area the horse is now located.
Otherwise, money talks, so I'm sure you could find a new place to board.