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possible law suit?
If you purchased a horse and medical/physical conditions were not told to you, even if you asked, could you possibly sue the person who sold the horse?
i would think so if they had known. but im not too sure.
I would imagine you could if they lied about or hid problems that would have impacted your decision to buy the horse or the value you paid for it.
It's actually not about Vega. I'm assuming they knew, or could have atleast told me, but it hasn't affected what I had planned for her.
I was talking about Gem. Even though we didn't buy him to be a jumper or anything, we have spent a lot of money on him with the vets/x-rays/shoeing (there it was trims that just never got done) and the supplements.
I would think you would have to prove that they knew about the condition... I'm not sure how you could do that.....
oh good point!
Actually a lot of those types of deals are as is, unless specified in a contract. It would be hard to determine whether or not the selling party knew about the health of the horse before hand, unless of course there is a paper trail.
Civil litigation is can be very lengthy and expensive. Our courts right now are backed up like you wouldn't believe. In the county I live in, our courts are looking at 18 mos to 2 yrs for a spot on the docket.
My advice is that if you or someone you know is thinking about pursuing a civil suit I would talk to a lawyer first and foremost to see if there is any merit at all, it could be that you could nail the seller for misrepresentation of the horse.
On a personal note: When we bought our mini bulldog, we were told that she was in perfect health, and for the most part she is. Except for the fact that she is extremely allergic to vaccinations, and now could potentially have mange. So yea.. I've spent a large amount of money on this dog that was supposed to be in perfect health. I could probably go back to the breeder and see what he could do for me, but.. I know I would get no where because like I said before, a lot of those deals are 'as is'.
I don't think Tom and I would pursue it.
I have a feeling they knew (Gem had surgery, had abcesses.. all while at that place) and none of it was told to us. We found out through other people there about stuff. And when he bucked me off, the vet said that his back pain was from an ill fitting saddle (we rarely rode and if we did it was for like 10 min. max, so I don't think it would have been from our saddles) The vet also said that a lot of hard work would cause his arthritis. Again we were not riding him. We felt bad that he was a lesson/camp/trail horse and was giving him time to be a horse. So we knew that we weren't working him hard at all.
Would we still have bought Gem knowing all of this? Yes. But it just would have been nice to know everything, and I know that we would have gotten him to feel better a heck of a lot sooner than we did.
Thank you everyone for your help :)
...and this is why my pony has been for sale for... how long? Because I don't have that "horse trader" mentality... You know... Omit the important stuff like previous injuries or dangerous vices.... yeah.... gotta love it...
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