Dear1Heart
Junior Member
What is the name of your state (only U.S. law)? Texas
I apologize in advance for the novel!
On February 16th of this year, I purchased a horse. This horse came from Louisiana to north Texas. She was advertised through an organization called CANTER. This organization helps ex race horses find homes so they can start second careers after the race track. The seller of the horse gave the information to CANTER to post on their website so they could network for him and find the horse a new home. A representative from the organization took the photographs and video of this horse that were posted on the website. This horse was listed on the website as being sound, meaning she has no lameness or illness, and would be suitable as a dressage horse. I have a copy of the ad stating this. The seller also assured myself and the barn owner the night of delivery that she was sound.
Bree, as I'm calling her, was not delivered until 9pm on the 16th. Not only was it too dark outside to give her a once over, but also too late in the day to call my veterinarian out to do a simple evaluation. Also, since she was listed through a reputable organization, I believed her to be in the condition stated on the ad.
At 7am on the 17th, the barn owner called me saying Bree looked lame. As soon as I got off the phone with her, I called the seller asking him to please contact me as soon as possible as the horse looked lame and I was concerned. I never heard back from him. I contacted CANTER and they suggested she was probably sore from the long trailer ride (almost 8 hours long) and to give her a few days to settle in. The few days went by and I saw no improvement so I set up the earliest appointment I could with my veterinarian. The vet I had look at the horse has 25+ years experience with race horses. She also breeds, races and retrains them.
Dr. Hayes did a lameness evaluation and found some issues. The first being that Bree has several abscesses in her hooves due to her hooves being trimmed too short and her having no hoof wall. This is part of what was causing her to be lame and is something that can be fixed with time. The other issue Dr. Hayes found is that Bree has an osselet in her left front ankle. An osselet is an injury that occures when the fetlock (ankle) joint of a horse is hyperextended and then causes arthritis in the fetlock joint. This is also causing Bree to be lame but this is something permanent. I had an x-ray taken of the fetlock and there are also two bone chips. It is of my vet's expert opinion that Bree has arthritis in her left front fetlock due to the osselet and bone chips and it is causing her to have a lameness condition. This lameness condition makes her unsound for riding. It is also of my vet's expert opinion that Bree has had this condition for several months. It did not happen overnight or during a trailer ride.
Before and after Bree's examination, I have attempted to contact the seller to discuss the situation. I have yet to get a response but he has been in contact with CANTER.
I explained to the seller in an email that all I am asking for at this point is that he regain ownership of the horse and refund the purchase price I paid for her. She was advertised as sound and suitable for my style of riding but it has been found that she is not.
It has been nearly two weeks and I have yet to hear from the seller. I cannot use Bree for my intended purpose of retraining and competing. I am considering a lawsuit since I cannot seem to settle this personally with the seller.
Can anyone tell me 1) what kind of protection I have since the horse crossed state lines, 2) if this is even a case worth persuing and 3) if it is, where would I need to file for small claims court since the transaction happened in Texas.
Any advice would be greatly appreciated!
Kimberly
I apologize in advance for the novel!
On February 16th of this year, I purchased a horse. This horse came from Louisiana to north Texas. She was advertised through an organization called CANTER. This organization helps ex race horses find homes so they can start second careers after the race track. The seller of the horse gave the information to CANTER to post on their website so they could network for him and find the horse a new home. A representative from the organization took the photographs and video of this horse that were posted on the website. This horse was listed on the website as being sound, meaning she has no lameness or illness, and would be suitable as a dressage horse. I have a copy of the ad stating this. The seller also assured myself and the barn owner the night of delivery that she was sound.
Bree, as I'm calling her, was not delivered until 9pm on the 16th. Not only was it too dark outside to give her a once over, but also too late in the day to call my veterinarian out to do a simple evaluation. Also, since she was listed through a reputable organization, I believed her to be in the condition stated on the ad.
At 7am on the 17th, the barn owner called me saying Bree looked lame. As soon as I got off the phone with her, I called the seller asking him to please contact me as soon as possible as the horse looked lame and I was concerned. I never heard back from him. I contacted CANTER and they suggested she was probably sore from the long trailer ride (almost 8 hours long) and to give her a few days to settle in. The few days went by and I saw no improvement so I set up the earliest appointment I could with my veterinarian. The vet I had look at the horse has 25+ years experience with race horses. She also breeds, races and retrains them.
Dr. Hayes did a lameness evaluation and found some issues. The first being that Bree has several abscesses in her hooves due to her hooves being trimmed too short and her having no hoof wall. This is part of what was causing her to be lame and is something that can be fixed with time. The other issue Dr. Hayes found is that Bree has an osselet in her left front ankle. An osselet is an injury that occures when the fetlock (ankle) joint of a horse is hyperextended and then causes arthritis in the fetlock joint. This is also causing Bree to be lame but this is something permanent. I had an x-ray taken of the fetlock and there are also two bone chips. It is of my vet's expert opinion that Bree has arthritis in her left front fetlock due to the osselet and bone chips and it is causing her to have a lameness condition. This lameness condition makes her unsound for riding. It is also of my vet's expert opinion that Bree has had this condition for several months. It did not happen overnight or during a trailer ride.
Before and after Bree's examination, I have attempted to contact the seller to discuss the situation. I have yet to get a response but he has been in contact with CANTER.
I explained to the seller in an email that all I am asking for at this point is that he regain ownership of the horse and refund the purchase price I paid for her. She was advertised as sound and suitable for my style of riding but it has been found that she is not.
It has been nearly two weeks and I have yet to hear from the seller. I cannot use Bree for my intended purpose of retraining and competing. I am considering a lawsuit since I cannot seem to settle this personally with the seller.
Can anyone tell me 1) what kind of protection I have since the horse crossed state lines, 2) if this is even a case worth persuing and 3) if it is, where would I need to file for small claims court since the transaction happened in Texas.
Any advice would be greatly appreciated!
Kimberly