Should i refuse to pay her purchase price?
   

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Should i refuse to pay her purchase price?

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  • horse pins ears at canter
  • Is it okay to purchase a horse and pay for half of it

 
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    10-18-2009, 07:08 PM
  #1
Yearling
Should i refuse to pay her purchase price?

Okay so, as most of you know I purchased Duchess. Well technically I only purchased half of her. She was $1k and paid $500 upfront. They agreed to allow me to wait until the end of Oct to pay off the rest.

Here is the issue. In her add she was stated to be 10 years old, bombproof and deadbroke to the point little children could ride her.

Her registration papers they gave me state she's actually 13.

The only thing she HASN'T spooked at is a tractor. She spooks at wash mits, sponges, rags, flashes of light (such as a camera flash or lightening), sudden movement, sudden noises, she even spooked at the cow mooing today and she's a COW HORSE!

Deadbroke my @$$. I had to spend the first 3 weeks fighting with her to just walk in a straight line without throwing a fit. She's finally gotten to where she will lower her head and relax at the walk. At the trot she's a spazz. She strikes out with her front feet and has started rearing on me. Her canter is completely off balance and all over the place.
She needs A LOT of simple, basic training she should already know.

Although she seems more comfortable when riding with another horse, she's aggressive towards other horses in the saddle. Not on the ground, only in the saddle. She pins her ears and if you ask her to trot she immediately turns and tries to run the other horse down.

She has, in the past, been a roping/cutting horse. We're finding that hard to believe now. Today the cow moo'ed across the street and she spooked. seriously?

She has been in the field for 3 months but she was advertised as a deadbroke horse. I'm a beginner rider and I told them that, they assured me that a child could ride her.

My instructor doesn't think I should pay another penny for her. We're going to ahve to get a full vet check up on her and I'm 99% sure she will need to have her teeth done even though they told me they wouldn't need to be.

What do you think? What would you do?

I'm worried that if I refuse to pay it, they will take her away. I really like her but she's not what they advertised her as. Jan says she can have a lawyer write up a refusal or something to make it offical if they give any issues.

On the ground she is the best horse anyone could ever dream about. She's ultra affectionate, very gentle and respectful. She's my dream horse in that aspect!
     
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    10-18-2009, 07:13 PM
  #2
Weanling
I would talk to the people about this, explain everything that was supposed to be true that is actually false, and have the previous owners you bought from watch you handle the horse, or tell them to try themselves and see if their advertisment was correct. I would try hard to not pay any more money for that horse
     
    10-18-2009, 07:16 PM
  #3
Yearling
I'm scared to let her past owner ride her again. I think he would do more harm then good. He's VERY rough and runs her into the ground, which is why she has such issues with keeping a steady gait and why her head is always jacked up into my lap. The guy rides her like he's running for his life. She's finally gotten to where she will relax at the walk and I don't want to ruin even that little step.

I've talked to her owner and he's completely apologetic. We took a video of her acting up and rearing at the trot and we're going to send it to him and to our vet (once its loaded up)
     
    10-18-2009, 07:29 PM
  #4
Chat Moderator
I'm worried that if I refuse to pay it, they will take her away. I really like her but she's not what they advertised her as. Jan says she can have a lawyer write up a refusal or something to make it offical if they give any issues.

I would listen to Jan she has the exsperience and she undertands what it is like down there and knows more about the law than most of us do. If that is a cowhorse I am the King of France, it could be worse you could have bought her for a cowhorse.
     
    10-18-2009, 07:36 PM
  #5
Green Broke
If you refuse to pay, you will be breaking the purchase contract and that will put you in murky waters. Yes, she would appear to have misrepresented the horse, but you also failed to properly investigate her "claims" prior to agreeing to purchase the horse (ie review the papers and acertain her age before buying, doing a more thorough trial on the spooking issues, etc). You both bear some responsibility for the situation but you are not really in a good legal standing to refuse payment at this point as the solution would likely be to force the return of the horse and refund of the money you DID pay rather than being allowed to keep the horse at half price.
     
    10-18-2009, 07:40 PM
  #6
Yearling
Darn you for making a good point. >.< I realize it was my duty to ensure everything stated was true but I agreed to purchase a 10yr deadbroke bombproof horse. Not a 13yr spazz case. =/

Perhaps asking the price be lowered due to the upcoming issues. Maybe only $700 as the purchase price instead of $1k?
     
    10-18-2009, 08:25 PM
  #7
Banned
Quote:
Originally Posted by Lucara    
Darn you for making a good point. >.< I realize it was my duty to ensure everything stated was true but I agreed to purchase a 10yr deadbroke bombproof horse. Not a 13yr spazz case. =/

Perhaps asking the price be lowered due to the upcoming issues. Maybe only $700 as the purchase price instead of $1k?
Themacpack is quite right. You should have taken your coach or some experienced person with you. This is the very reason many people that come to this forum as beginners stating they are buying a horse WE KNOW is in appropiate get jumped on....we know stuff like your situation happens and far more often that many realize.

Just what sort of contract did you sign............or DID you even sign a contract. Without something in writing it is their word against yours. If there is a contract what is in it about payment of the balance?

If you have no contract I would suggest you will have to make the best of it and do what you can. Yes you can sue but that would be expensive. Certainly try to get a lowered price but don't count on it.

Giving the horse back...I am sure they will take it back and charge you a $500.00 leasng price.
     
    10-18-2009, 08:36 PM
  #8
Weanling
Good luck with whatever you end up doing! Hopefully it works out
     
    10-18-2009, 08:52 PM
  #9
Started
You can refuse to pay, you will be breaking the contract, and they can snatch her up that day. Try to negotiate for less if you can. If I was the seller I would take the horse back, it was your duty to make sure she was worth 1k before you purchased her. Since you breached they might keep the money, but it all depends on how nice these people are.
     
    10-18-2009, 08:58 PM
  #10
Yearling
Quote:
Originally Posted by sillybunny11486    
you can refuse to pay, you will be breaking the contract, and they can snatch her up that day. Try to negotiate for less if you can. If I was the seller I would take the horse back, it was your duty to make sure she was worth 1k before you purchased her. Since you breached they might keep the money, but it all depends on how nice these people are.
They broke the contract first by not accuratly advertising her. If you are selling something it is on you to make sure that what you are advertising is what you are selling.
     

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