Trial period nightmare! Has anyone been through this? - Page 2
 
 

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Trial period nightmare! Has anyone been through this?

This is a discussion on Trial period nightmare! Has anyone been through this? within the Horse Law forums, part of the Horse Resources category

     
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        12-13-2010, 06:14 PM
      #11
    Green Broke
    I am sorry if you are offended by some of the posts. Actually I agree with you that your story did NOT change from the OP - you DID state originally that you did not want her back so that comment was uncalled for.

    In answer to your question, you are certainly not the first to be in this situation and you won't be the last. Unfortunately it doesn't change the fact that legally you probably don't have a case. Not what you wanted to hear I am sure but there you have it and I hope that something can be arranged that is in the best interests of the horse. Good luck.
         
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        12-13-2010, 07:06 PM
      #12
    Trained
    I am sorry that you are finding this an impossible situation. However, I believe you posted that the buyer is a lawyer. Even worse, unfortunately. If not, sorry I misunderstood, but the fact remains that after the ten days, the payment for the horse's expenses becomes your responsibility. To me this means that you need to find a place close to where the horse is to keep her, as inexpensively as possible, or risk this guy either charging you, sueing you for unpaid board, etc after a time, and/or sending the horse on "down the road". I know that is not what you want for the horse, but that is a very real possibility. And, I know you are still here to read this, since your name is at the top as being on this forum.
         
        12-13-2010, 09:23 PM
      #13
    Weanling
    Quote:
    Originally Posted by Snookered    
    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.
    She did.
    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 can't 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 don't want her back. He states they are not keeping her.

    Any thoughts??
    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.
         
        12-13-2010, 09:57 PM
      #14
    Banned
    I believe the horse is your responsibility, they took it on a trial and did not buy it. Now they don't want it.
    Find a friend who can haul the horse and put it in an auction if you can't afford to board it somewhere. I am sure they would hold the horse until the day of the auction, or you could pay them to do this.
         
        12-14-2010, 11:07 AM
      #15
    Green Broke
    They place that you say you paid board at seemed to be using it as a lesson horse. Usually that means they use the horse and you do not pay board. Will they take it back as a free lease or will they take it as a free horse? I persoannly would let them bring the horse back and sue them for the vet bills in small claims court.
         
        12-14-2010, 11:39 AM
      #16
    Green Broke
    If you don't figure something out, it is very possible that they will put a stop-payment on the check, throw the horse in a trailer, and bring it to your doorstep. And then what would you do? I would be hustling to make some sort of arrangement before it comes to that, either with them or with someone nearby them to board the horse until you figure out what to do...
         
        12-14-2010, 11:41 AM
      #17
    Showing
    Quote:
    Originally Posted by churumbeque    
    They place that you say you paid board at seemed to be using it as a lesson horse. Usually that means they use the horse and you do not pay board. Will they take it back as a free lease or will they take it as a free horse?
    Good point, churumbeque. I was wondering that myself.

    If the horse had been used previously as a lesson horse, wouldn't that barn be willing to take her for free?
         
        12-14-2010, 11:48 AM
      #18
    Banned
    I wonder, if because the mare is now lame, the lesson barn is not interested.

    OP, it does sound like a crappy situation and it is one of those situations that makes it difficult for anyone else out there horse shopping to be able to get a horse on trial. You wrote up a contract that seemed to cover everything and they found a loop hole.


    I am guessing your vet would rather the mare be moved than be left in a situation where it is going to be ridden or such.
    Can you find a quiet boarding place near where the mare is and move the mare there until she is better? Then you can work on finding her a new home.
         
        12-14-2010, 12:06 PM
      #19
    Green Broke
    I think OP is gone. She was real upset. I mean, this is what I don't get. Why post something if your not willing to see everyone's point of view. Not one of us knows her or her life and all we see is what is posted. Its unfortunate when someone goes through something like this and a learning experience for everyone.

    She now has learned a very hard lesson and I hope that a home is provided for that poor horse.
    Posted via Mobile Device
         
        12-14-2010, 12:07 PM
      #20
    Trained
    That is why I will never offer a horse for a trial. When the people know they can bring the horse back they ride it like a rented mule and you stand a good chance of getting a horse back the has developed bad habits. One time I let a horse go for a two week trial and the horse came back with a bunch of missing hide and looking like they had rode him hard every day and only fed him every other. I had other people ask about the horse in the two weeks he was gone and I had to tell them they couldn't come and look at him because he was on a trial and then when he came back they wanted to know why the other guys didn't want him.

    As for as the OP goes I think what I would do is tell them I wanted the horse delivered to a sale barn on the day of the sale and send her "on down the road". It may seem cruel but the OP can't afford the horse and very few people will take a lame horse even for free.
         

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