- Horse Law
|Daisy2010 ||08-07-2012 12:51 AM |
Bought a faulty horse! Need advice please!
To make a long story short!...I went from Louisiana to West Virgina to try a friends horse out for a week, and he was nice! I ended up buying him and was told in previous correspondence the horse was never lame. 2 months after arrival with only extremely light work he comes up lame so I had my vet do x-rays and found an old sesamoid fracture in the front ankle with severe arthritis, and 3 bone chips with arthritis in the ankle in general. The previous owner claims to not know of these injuries even though she had x-rays done on him herself. She has said she would produce her copy of x-rays for my vet but hasn't. My vet has even called hers, and he has not talked to her or returned her call. I have e-mails and text messages saying she gave him injections for arthritis and had his ankle injected because "that's how she likes to do things." Not because this was the glue holding him together for him to be sound! Since she was a friend I figured I had no reason not to trust her. She has texted me she would take him back if it came down to him not being able to do what I ask. I had his ankle injected...and the arthritis injection about 2 weeks ago, and things seem to not be any better. He has started bucking 2-3 strides into the canter, and now even at the trot he is tense and is "hopping" on his front right (the offending ankle) The previous owner is convinced it is saddle fit...even though I just purchased a $2000 saddle a fitter says fit to a "t". I have asked her to take the horse back, and she just keeps side stepping the issue. I am wondering...if it comes down to it...do I have a case of misrepresentation since I did ask the necessary questions...have her e-mail and text responses? I truthfully just want to start over considering I haven't gotten attached to the horse...He is bucking and threatening to rear because of his issues and I have a small daughter to raise. I don't feel like I should have to bite the bullet on this! Thanks for your time! Any advice is appreciated!
|HowClever ||08-07-2012 01:32 AM |
I don't know how things work with your legal system, but if you didn't have a pre-purchase exam done by a good vet then I think you should take it as a lesson learned kind of situation.
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|gigem88 ||08-07-2012 07:15 AM |
Doesn't sound much like a friend to me :( Without a pre-purchase exam, including x-rays, you never know what you're really getting. But, sometimes even with an exam you get stuck with a lemon.
|WickedNag ||08-07-2012 08:35 AM |
If it had been two days but two months... I think you are out of luck
|ozarkmama ||08-07-2012 11:43 AM |
I agree with the previous posts. I think without a prepurchase exam you are out of luck. lesson learned the hard way.
|Speed Racer ||08-07-2012 11:49 AM |
Consider it a lesson learned. Admit you screwed up due to your own pigheadedness and stupidity, and learn from your mistakes.
You had every opportunity to have a PPE done, and didn't do it. Horses are sold 'as is', and if the horse turned up lame after 2 months of ownership, the seller could say it was something YOU did.
|Saddlebag ||08-07-2012 12:05 PM |
Considering the vet's xrays prove old injuries then she may have a leg to stand on. Plus the correspondance with the owner. If she takes this to court the judge may requisition the previous owner's x-rays.
|waresbear ||08-07-2012 12:20 PM |
Interesting. You did not do PPE, had the horse 2 months, but the seller offer to take the horse back in an email, but not in a signed contact. Hmmmm, I doubt you would recoup your losses fully on court case, but I am not Judge Judy.
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|Daisy2010 ||08-07-2012 12:46 PM |
I didn't have a PPE done since my friend had taken the horse to the vet just prior to me going out there. I trusted her word since she had been honest about a different injury. I figured if she were honest about that...why lie about something else! All correspondence claimed he was sound, and she got his ankle injected cause that was just how she did things...not the glue holding him together. She stated after all this came down that her vet suggested he be used for light riding and def no jumping....I learned this after the purchase and his arrival. I had no intention on jumping so I guess she figured he would be ok for what I do, but that is no excuse to lie when asked.
|Daisy2010 ||08-07-2012 12:50 PM |
Speed Racer...the injuries are textbook racing. I don't think a sesamoid frac. would heal to perfection and develop arthritis in 2 months....I knew I was buying an off the track and would eventually have to deal with the aftermath, but not in only 2 months on a 6 year old horse that was supposed to be sound as an ox.
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