The Horse Forum

The Horse Forum (/)
-   Horse Law (http://www.horseforum.com/horse-law/)
-   -   Horse not as advertised. (http://www.horseforum.com/horse-law/horse-not-advertised-196026/)

kk116 05-19-2013 11:03 AM

Horse not as advertised.
 
Finally bought our first horse. We are green riders, only riding about a year. Wanted a laid back horse we could continue to learn on. Me (mom), and my 13 and 14 year old daughters. Went to see this horse, took my trainer with me. The horse is AQHA (has points), and quite flashy. Eight years old. He is spur trained/western pleasure, which my trainer said would not be a problem. We rode him, and he was easy, responsive, and sweet. Ok, so we buy him. (Thousands). He gets delivered and all is fine the first few days. He's very forward, a little bit shy, and wont listen AT ALL, but hey, he's new right? As time goes on he's getting worse, now the minute you try to mount him your coming off. Period. He is pushy on the ground, aggressive on the lunge line, and yesterday my daughter wanted to try riding bareback and he bucked her off. Horse is sound, no health issues. Now IF you can stay on he bolts off with you. No matter what your going in the sand. NOT for us. We are not trainers, and not confident riders. Had trainer ride him, wouldn't respond to her either. The trainer called the seller, and said we would like to retun him, too much horse for our abilities. Offered to eat a thousand bucks, and trailer him back. Owner refuses. This horse is going to hurt one of us. I worry he may have been drugged when we test rode him. The seller had wanted a 45 min. heads up prior to our arrival. I'm so dumb. I assumed they wanted to make him look his best. Now I'm stuck. Out a ton of money. I am sure a more confident rider or a trainer would be able to manage him just fine. We cannot. Do I have any recourse? What are my options. Now I am paying a huge board bill on an unrideable horse. Appreciate any advice. ( sorry about the length)

PaintHorseMares 05-19-2013 11:09 AM

Sadly, unless you had some other written agreement, horses are typically sold "as is". Personally I would be more upset with your trainer than the seller.
Posted via Mobile Device

LoveHipHop 05-19-2013 11:11 AM

Good luck! :)
If you do sell the horse on, remember to be honest about what he/she is really like; maybe you could sell to a trainer?

Speed Racer 05-19-2013 11:11 AM

Unless you have a written contract that states the horse can be returned, I'm afraid you're out of luck. Horses are sold 'as is', and if both you and your trainer rode him and decided he was the horse for you, there isn't much you can do except sell him on with caveats.

I'm sorry your first buying experience turned out so badly. Not every seller is dishonest, and you did everything right. Sometimes things go wrong even with the best laid plans.

Mochachino 05-19-2013 11:23 AM

Sounds like my first buy experience but I didn't have a trainer with me. She seemed very quiet was advertised as a "beginner" horse that had many kids on her, blah, blah. I was going to use her as a lead line horse for my special needs boy. I get her, take some time to get to know her, and low and behold she rears. So...I start to do some investigating into the horse, which I should have done before I purchased her and I find out this is typical behavior, that the seller knew and I had people even tell me she is a dangerous mare and never had kids on her ever. I had someone who used to own her before this seller who was agreeable to write a letter, and then two other people stepped forward as they were sick of this person being dishonest to people about her horses. Anyway the long of the short I had a letter drawn up by a lawyer stating all the facts and that if she did not take the horse back we would be going to court. The fact that she thought it would ruin her reputation (she only had a bad one) had her taking back the horse. It was a real eye opener for me and was a big lesson about trust when buying such a huge animal that can seriously hurt people, let alone our kids. IMO you have three options. Get your trainer to put some time on this horse as you've only had it for a short time and it is testing you out and may figure it's got your number, sell it as is being honest as it may be a great horse for an intermediate rider, or go further with the original seller about misrepresentation which is a tough one to do but if you have $ and time she may not want to deal with a legal situation. Personally I would rather buy a used car from a slimy used car salesman than buy a horse. I hate it as you can never trust anyone.

Cat 05-19-2013 11:29 AM

So sorry to hear this, but unfortunately it is a buyer beware situation out there. Your best bet will probably be to sell him at a loss (better than paying a bunch of board on him) with full disclosure and chalk up the cost as lesson learned.

Next time make sure you visit the horse at least twice and if the horse was already in from the field your first visit, make sure you show up early the 2nd time.

bsms 05-19-2013 11:49 AM

Horses often change personality in response to new riders. The seller may have done nothing wrong. A lady who used to live about 1/4 mile from here went thru a dozen horses in about 3 years...all of whom turned out to be 'bad horses'. The farrier lost her business when, after 3 years, he suggested it might be her!

It happens. It happened to me. Mia was sold to me as "perfect for a beginner". A trainer a few years later suspected Mia had never been broken to ride. But I am certain many of her problems were caused by my riding. Riding her bitless didn't help. She is one of those horses who really need a bit so she can feel comfortable that her rider is in charge. She also desperately needs a confident rider, which I was not and still am not.

None of that would make you a rotten person or rider. Some horses truly just have personalities that make them good to learn on, but it is very hard to find them. A more demanding horse will take advantage of what you don't know, but behave beautifully with a more experienced rider.

Legally, I don't see where you would have any reasonable cause of action. If it went to trial, the previous owner could easily find experts who would honestly testify that some horses behave well with one person, and not with another, and that it is hard to predict. Heck, Trooper adores my daughter and takes care of her, but barely tolerates me. Mia will throw my daughter, but do her darnedest for me. Why? Don't know.

It wouldn't be wrong to sell the horse. You will take a loss. Join the crowd. I've lost money on every horse I've owned...

There is a reason this thread is a "sticky":

http://www.horseforum.com/horse-trai...realize-50485/

BTW - I'll add that Mia dislikes girls. If your daughter tried to ride Mia bareback, Mia would almost certainly throw her. Heck, I'm not sure she would tolerate ME bareback, and I've had her now for 5 years.

kk116 05-19-2013 08:04 PM

Have a nibble from someone who might be interested. Gonna take about a 2 k loss.
Live and learn. Thank you guys for all the great advice. Every post made me feel.a little better. Thank you all very much.

beau159 05-19-2013 08:28 PM

Sorry to hear about your first horse troubles. There unfortunately are dishonest sellers in the world. Stinks that it had to happen on your first experience.

Also unfortunate in that there's nothing you can do about it. Horses have a mind of their own and one horse may click beautifully with one rider, but not with others. Horse may have been drugged ... it's possible. Horse might not have.

It sounds like your trainer tried to help ... and I guess I'd be a little mad at the trainer since you did the right thing by taking them with. But then again, anyone can possibly get "had" by a dishonest seller.

Sell the horse with full disclosure. You might have to take a hit if the trainer can't get the horse going again, but best to cut your losses, get rid of the horse, and get one that better suits you and your girls.

AlexS 05-20-2013 03:16 AM

Find a new trainer and send him to them. Most pushy horses will learn their limits.

I think your issue is with your trainer and not the seller.


All times are GMT -4. The time now is 05:12 AM.

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