Legal buyer issue- HELP!
   

       The Horse Forum > Keeping and Caring for Horses > Horse Talk

Legal buyer issue- HELP!

This is a discussion on Legal buyer issue- HELP! within the Horse Talk forums, part of the Keeping and Caring for Horses category

    Like Tree11Likes

     
    LinkBack Thread Tools
        01-01-2014, 10:45 AM
      #1
    Foal
    Angry Legal buyer issue- HELP!

    In a nutshell- I had a pony we rescued which needed too much retraining for to be considered a child-safe pony. I worked with him for 6 months already. I started looking around for another and found someone that would sell me one that was older and bomb proof and pick up our pony to take on as a project to keep and resell. Sounds like a good deal. So they drop off the new pony and take mine late at night. By daylight, I can then see the new pony is far older they I was told (not 16 but more like 20 ish) extremely underweight, she took 5 hours to eat a 1/4 flake. She is not healthy. I did see a video which looked like a sound animal being ridden so I didn't go into it completely site unseen. I am having a vet come up today to eval her. I also signed a contract saying "as is" etc- however, contract or not, this animal was misrepresented by age and health. I did ask if she had any health issues and she is NOT 16. I have all this via text. Does this fall under anything legal such as "misrepresentation of goods" etc that could help me get refunded? If not, just to get them to take her back. I feel very duped and cheated. I gave them a strong, healthy pony, with nicely kept feet and currently teeth float. I am very upset.
         
    Sponsored Links
    Advertisement
     
        01-01-2014, 11:12 AM
      #2
    Yearling
    I can't say for sure, but I think you may be out of luck since you signed a contract that says "as is". That supercedes any texts you may have received. It may be worth it to contact them just to see what they say but I am guessing they will say the trade was fair and won't admit they misrepresented the pony. I am sorry it turned out this way for you.
         
        01-01-2014, 11:24 AM
      #3
    Started
    I would also think that you are out of luck. You signed a contract for a horse "as is" and from the seller point of view you did not inspect the pony prior to buying/accepting it. The difference in age could easily be dismissed in court as many times horse ages are "approximate". I would see what the vet says and its possible that with a little TLC this pony will be the one you saw in the video. Otherwise, a lesson in why you should always see the horse/pony in person before purchasing.
         
        01-01-2014, 11:31 AM
      #4
    Foal
    They have agreed to take her back in any case. I will be out of the purchase price but I think it is a small loss compared to what I would add up with rehab and vet fees. I can then at least save what I would be paying in board to find something else. Live an learn. I sell exotic cats which I guarantee health etc so I don't see why horse people aren't that way. Really disgusting and discouraging. Tempted to take my other pony back as well so he won't end up like this.
         
        01-01-2014, 11:35 AM
      #5
    Foal
    If anything, I will call animal control on them to make sure their other horse are getting sufficient care and not left to starve like this one.
         
        01-01-2014, 11:41 AM
      #6
    Cat
    Green Broke
    I also think you are out of luck and why you should always see a horse before a sale (video only still makes it sight unseen) and preferably get a pre-purchase exam.

    As to the age difference on a 16 and 20 year old? That is only 4 years which is not much and it can be very hard to target the age correctly by the teeth at that point. Aging by teeth is not an exact science and the estimated ages by teeth can easily be off by several years in older horses. I was told my own made was 8-9 when I bought her last year. I looked at her teeth and guessed 10 - which was fine, I was looking for something 12 or under. My vet has looked at her and said she has a very hard mouth to age. Some aspects of it make her look as young as 7 while others as old as 11-12. And really - a healthy 20 year old is still great for a kids horse. One of my favorite horses to ride was over 25.

    The unhealthy part is the bigger concern. With how long it is taking her to eat, it may be a simpe issue of getting her teeth floated and adding a Senior feed to her diet.
         
        01-01-2014, 11:52 AM
      #7
    Foal
    That is why I am having the vet see her first of all. I just get the feeling that their is something more than just teeth. I wouldn't mind if she is older as long as she isn't going to be a money pit.
         
        01-01-2014, 12:16 PM
      #8
    Weanling
    Wow! I can't believe you took a "trade" sight unseen.

    I would never buy any animal without meeting it first for an evaluation. And why wait til night for the trade?

    You are lucky they agreed to take her back.
         
        01-01-2014, 12:52 PM
      #9
    Weanling
    I have to agree with others - if you signed paperwork accepting "as is", then the deal is done and over with. It would be very time consuming and expensive to drag it into court to try to cancel the deal or claim costs, and chances are you'll get denied anyways since the seller will just pull out their signed contract with the "as is" agreement.

    No different than selling a car privately around here - what you accepted at the time of sale is what you get, doesn't matter if you didn't notice that the transmission was about to fall out of it or the windshield was cracked because it was dark out when you looked at it - it's now yours. With a car, a lot of people get a mechanic to check it before agreeing to buy it. With horses, a lot of people get a vet to check the horse before agreeing to buy it.

    Hopefully with some TLC she'll come around and be what you had hoped with minimal care and cost, but in the end, she's yours.
         
        01-01-2014, 04:02 PM
      #10
    Foal
    Thanks for the "Wow, how could you do that....I would never...bla bla bla" remarks as it really doesn't help me at all and don't bother to post here.

    The vet report is that the pony should be retired, has very little teeth left, and over 25, basically un-ridable.

    Yes, I know I was sold a bill of goods and feel awful but I am not taking this lying down. I have used contracts for years and they only hold a certain amount of power. You can't just screw people and think a contract will cover everything- it won't.

    I guess at this point I need to seek legal advice and not just enthusiasts.
    tayloranngenevieve likes this.
         

    Thread Tools

    Similar Threads
    Thread Thread Starter Forum Replies Last Post
    Help! Legal issue oweing money one a filly! WhosJackedUp Horse Law 6 08-12-2013 02:01 AM
    So......That went well.......:? Buyer rant. franknbeans Horse Talk 18 05-08-2013 06:40 AM
    First Time Buyer... FlyingHorse Horse Talk 15 01-30-2013 05:52 PM
    First Time Buyer cedarane Horses for Sale 31 08-21-2012 07:49 PM



    All times are GMT -4. The time now is 05:06 PM.


    Powered by vBulletin® Version 3.8.5
    Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
    Search Engine Friendly URLs by vBSEO 3.6.0