Do I have a case? Please help! Sold bad horses.

[kdanakos]

Florida.

I recently purchased 2 thoroughbred horses from someone I thought was a friend. It started like this: I told my "friend" that I was thinking about buying 2 horses for my husband and I to trail ride on. I told him I needed 2 horses that are broken, healthy, trail riding horses. It is important because we both have medical problems and don't want to get thrown off a horse or get hurt just approaching them. He said that my timing was perfect and that he was going to pick up two horses that are "totally broken and safe!"(his words exactly in a text message I have on my phone). He said he would sell us a 7 year old gelding (male neutered), and a mare who has won over $100,000 on the race track. He knows that we are both handicap and needed calm and easy to ride horses that dont need any training. We waited 2 weeks for the horses because he couldnt drive them to us. I got tired of waiting so we drove to Inverness, Fl to pick them up. He promised us lessons and a saddle for free with the purchase of the horses. He said would be able to ride the male horse before we paid that morning to make sure we liked him. His sister had supposedly been training them to ride with a western saddle the whole time. We get there and next thing we know they gave the horses something to sedate them for the ride home. So we didn't get to ride them. They told us how great the horses are and that we would have no problms with them. Also the mare had an injury to her leg that they said is minor and we would be able to ride her in two weeks. We bought the horses and took them home thinking we got a good deal and 2 great horses that are trained. Her leg is still swollen and she is unrideable. The vet is comming this week. I think she is lame from her injury and they lied to me. The main problem is the boy. They act crazy all the time. They kick at you, chase you, bite you. A fw days ago I just was standing there a few feet in front of him after putting feed in his bucket and he kicked me in my chest and almost killed me. I had to go to the hospital for my injuries. These horses are constantly trying to hurt us. We can't ride them at all and now don't want to because they are not safe and broke like he promised. I asked him to take the horses back and give me a refund because he did not give me what was promised. He told me that craigslist is a good place to sell them. Now he won't respond to my calls or text messages. Can I sue him for my money back? For my injuries and trauma? He screwed me over really bad. He sells animals for a living so I trusted him and he knowingly lied to me about them. I have all the texts from him and his sister saying that the horses were safe, healthy and completely broken. THey were also supposed to give us lessons for free at our house when we bought the horses and a few more times later. They won't even answer me. They lied about everything. What can I do? Please help give me some advice.

 

[justalayman]

have you ridden horses much?

I'm not that familiar with horses but I cannot imagine a race horse making a good trail riding horse. Their daily actions are totally different from each other. It seems that just about everything that happened was done wrong. You don't buy horses, more or less, sight unseen as you did.

So, depending on how unfamiliar with horses you are, the better chance you have of prevailing if these horses are not what was promised.

How much money are you talking about here? Florida small claims has a limit of $5000 so if it is over that, unless you were willing to accept that as your max award, you would likely need the services of a lawyer.

Injuries and trauma; unlikely but not impossible depending on how things unfold.

 

[kdanakos]

Cost of horses.

I only paid $800 dollars for the pair of them. He took off $100 because I had to pay for the horse trailer rental to bring them home. I have been this guy's friend for over a year so I trusted his word. Money makes people do stupid things. Plus he sells animals for a living. They sent me pictures and videos of the horses in races. Photos of the horse with a western saddle on it and his sister supposedly is a horse trainer. She said she rode them and that they were safe for family use. I have ridden horses just on trails as a child and leased one for a few months before. THis was my first time buying any and aking care of one myself. I didn't know anything other than what he told me. He was told I needed to horses that were for beginner level riding.

 

[kdanakos]

Plus the gelding almost killed me when he kicked me.

 

[justalayman]

as to the rescission of the sale; quite possibly, if the horses are not what was promised. As a horse trainer and dealer, a layman can generally hold a person in that position to their advice and recommendation of the animal.

To the injuries; You can try but I doubt it. It sounds as if you are familiar enough with horses that you should know they can kill you, and some will try. It's part of the equestrian life. So, unless you can prove these horses are mean beyond any reasonable expectation and the seller was aware of that and lied to you, I doubt the injuries will be seen as anything other than; their horses; they kick and bite sometimes.

small claims court is generally pretty cheap so there is not much to lose by trying.

 

[Hot Topic]

Florida.

I recently purchased 2 thoroughbred horses from someone I thought was a friend. It started like this: I told my "friend" that I was thinking about buying 2 horses for my husband and I to trail ride on. I told him I needed 2 horses that are broken, healthy, trail riding horses. It is important because we both have medical problems and don't want to get thrown off a horse or get hurt just approaching them. He said that my timing was perfect and that he was going to pick up two horses that are "totally broken and safe!"(his words exactly in a text message I have on my phone). He said he would sell us a 7 year old gelding (male neutered), and a mare who has won over $100,000 on the race track. He knows that we are both handicap and needed calm and easy to ride horses that dont need any training. We waited 2 weeks for the horses because he couldnt drive them to us. I got tired of waiting so we drove to Inverness, Fl to pick them up. He promised us lessons and a saddle for free with the purchase of the horses. He said would be able to ride the male horse before we paid that morning to make sure we liked him. His sister had supposedly been training them to ride with a western saddle the whole time. We get there and next thing we know they gave the horses something to sedate them for the ride home. So we didn't get to ride them. They told us how great the horses are and that we would have no problms with them. Also the mare had an injury to her leg that they said is minor and we would be able to ride her in two weeks. We bought the horses and took them home thinking we got a good deal and 2 great horses that are trained. Her leg is still swollen and she is unrideable. The vet is comming this week. I think she is lame from her injury and they lied to me. The main problem is the boy. They act crazy all the time. They kick at you, chase you, bite you. A fw days ago I just was standing there a few feet in front of him after putting feed in his bucket and he kicked me in my chest and almost killed me. I had to go to the hospital for my injuries. These horses are constantly trying to hurt us. We can't ride them at all and now don't want to because they are not safe and broke like he promised. I asked him to take the horses back and give me a refund because he did not give me what was promised. He told me that craigslist is a good place to sell them. Now he won't respond to my calls or text messages. Can I sue him for my money back? For my injuries and trauma? He screwed me over really bad. He sells animals for a living so I trusted him and he knowingly lied to me about them. I have all the texts from him and his sister saying that the horses were safe, healthy and completely broken. THey were also supposed to give us lessons for free at our house when we bought the horses and a few more times later. They won't even answer me. They lied about everything. What can I do? Please help give me some advice.

If you're a "tenderfoot," it's an excellent idea to do a lot of riding before you invest in an animal.

People often use the term "thrown" when they mean fell off. Thrown means that the horse intentionally set out to get you off its back. There's no guarantee that you won't fall off because you lost your balance. Expecting a guarantee that you won't fall off because you have a medical condition is tenderfoot territory. I rode between the ages of 12 and 19, and I like to say that I bounced halfway across Colorado. The horse went one way and I went the other, the horse spooked and I fell off, etc., etc.

The moment you were told a racehorse was involved, you should have said no. Racehorses are naturally spirited and hard to handle.

It sounds like the horse wasn't properly gelded. Stallions have one thing on their mind, and it isn't to give you a nice, safe ride. I'd ask the vet to check.

I would sue your "friends." They took advantage of your naivete regarding horses.

 

[RRevak]

If you're a "tenderfoot," it's an excellent idea to do a lot of riding before you invest in an animal.

Tenderfoot? NO, how bout just plain ignorant.
.

The moment you were told a racehorse was involved, you should have said no. Racehorses are naturally spirited and hard to handle.

Ive had perfectly calm ex racehorses. They're not all nuts. In fact, the majority of the reason they're pulled from the track is because they tend to be slow and not "nutty" enough.

It sounds like the horse wasn't properly gelded. Stallions have one thing on their mind, and it isn't to give you a nice, safe ride. I'd ask the vet to check.

An improper geld isnt the issue here as that doesnt make a gelding bad mannered. Just plain old bad manners does.

I would sue your "friends." They took advantage of your naivete regarding horses.

Welcome to the horse world. OP cant sue because she didnt think wisely enough to have another more experienced rider sit on the horse first. If she tries I can almost guarantee she will lose. She purchased horses with simply taking the owners word and in the horse world that is NEVER a good idea. Everyone knows this (at least those of us who ride) I know, ive been riding at professional level since I was 19.

 

[justalayman]

OP cant sue because she didnt think wisely enough to have another more experienced rider sit on the horse first. .

well of course she didn't. She took the word of an experienced and knowledgeable horse trader who claims that not only the horses fit within the OP's stated requirements (implied warranty of fitness for a particular purpose) but who had also claimed specific knowledge of the recommendation of the horses being fit for the purpose from a professional horse trainer.

That is what is called a fiduciary relationship and why I said the less knowledge the OP has about horses, the stronger the case.

 

[RRevak]

Florida.

I recently purchased 2 thoroughbred horses from someone I thought was a friend. It started like this: I told my "friend" that I was thinking about buying 2 horses for my husband and I to trail ride on. I told him I needed 2 horses that are broken, healthy, trail riding horses. It is important because we both have medical problems and don't want to get thrown off a horse or get hurt just approaching them. He said that my timing was perfect and that he was going to pick up two horses that are "totally broken and safe!"(his words exactly in a text message I have on my phone). He said he would sell us a 7 year old gelding (male neutered), and a mare who has won over $100,000 on the race track. He knows that we are both handicap and needed calm and easy to ride horses that dont need any training. We waited 2 weeks for the horses because he couldnt drive them to us. I got tired of waiting so we drove to Inverness, Fl to pick them up. He promised us lessons and a saddle for free with the purchase of the horses.

He said would be able to ride the male horse before we paid that morning to make sure we liked him.

Said who would be able to ride the gelding? You or the owner?

His sister had supposedly been training them to ride with a western saddle the whole time.

We get there and next thing we know they gave the horses something to sedate them for the ride home. So we didn't get to ride them.

If you knew they were sedated then you should have waited until the sedation wore off to ride them or at least watch them go with another rider. The fact that you simply rode off into the sunset with them shows your had no idea what you were doing. Thats not the owners fault, its yours.

They told us how great the horses are and that we would have no problms with them.

EVERY person trying to sell a horse says this. That's why you take someone more experienced with you.

Also the mare had an injury to her leg that they said is minor and we would be able to ride her in two weeks.

And what did your vet say about it when you had your initial vet check done before purchase?

We bought the horses and took them home thinking we got a good deal and 2 great horses that are trained.

You assumed wrong and now that assumption is literally kicking you in the behind.

Her leg is still swollen and she is unrideable. The vet is comming this week. I think she is lame from her injury and they lied to me.

Again, if you had done a pre-purchase vet check you would have known there was an issue and made a more informed decision as to whether or not to purchase. It isnt the sellers fault you didnt.

The main problem is the boy. They act crazy all the time. They kick at you, chase you, bite you. A fw days ago I just was standing there a few feet in front of him after putting feed in his bucket and he kicked me in my chest and almost killed me. I had to go to the hospital for my injuries. These horses are constantly trying to hurt us. We can't ride them at all and now don't want to because they are not safe and broke like he promised. I asked him to take the horses back and give me a refund because he did not give me what was promised. He told me that craigslist is a good place to sell them. Now he won't respond to my calls or text messages. Can I sue him for my money back? For my injuries and trauma? He screwed me over really bad. He sells animals for a living so I trusted him and he knowingly lied to me about them. I have all the texts from him and his sister saying that the horses were safe, healthy and completely broken. THey were also supposed to give us lessons for free at our house when we bought the horses and a few more times later. They won't even answer me. They lied about everything. What can I do? Please help give me some advice

NO, you cant sue. You knew you had conditions that required a certain type of horse and its obvious from your posting that you aren't an experienced horse person. That meant that you should have brought someone with you. You took a huge gamble because you purchased and left before you truly knew what you were getting into. This isn't the sellers fault, its yours. You didn't do an initial vet check to determine lameness which again, isn't the sellers fault. Sellers will pull just about every trick in the book to get a horse sold and its up to you as the potential owner to do the legwork to uncover those things. Lots of people sell horses for a living but it doesn't make them honest, trust me I know. Ive been in the horse world since I was 9 and have ridden professionally since I was 19. All you really can do now is disclose their issues and sell them to whoever is willing to take them on and chalk this event up to a MAJOR learning experience.

 

[RRevak]

well of course she didn't. She took the word of an experienced and knowledgeable horse trader who claims that not only the horses fit within the OP's stated requirements (implied warranty of fitness for a particular purpose) but who had also claimed specific knowledge of the recommendation of the horses being fit for the purpose from a professional horse trainer.

That is what is called a fiduciary relationship and why I said the less knowledge the OP has about horses, the stronger the case.

Wrong. There is NO such thing as an "implied warranty of fitness" in the horse world. That's why people do VET CHECKS before purchase. There is also NO "implied warranty of fitness" in regards to whether or not a horse of proper for the potential buyer. That's why people bring their TRAINERS with them or at the very least RIDE them BEFORE purchase. You ride horses at your own peril and simply taking the word of a seller is dangerous. Every single horse person in the business will claim to be "experienced and honest" and I can tell you from HUGE amounts of experience that 9 times out of 10 this is VERY incorrect. Any Joe Schmoe can pick up a horse and take advantage of a potential buyer. That's why, just like buying a used car, its up to the potential buyer to do their homework BEFORE purchasing. If they don't then its their loss.

 

[justalayman]

=RRevak;2751641]Wrong. There is NO such thing as an "implied warranty of fitness" in the horse world.

Wow, I guess the UCC means nothing in the business world which is where this is taking place.

That's why people do VET CHECKS before purchase. Every single horse person in the business will claim to be "experienced and honest" and I can tell you from HUGE amounts of experience that 9 times out of 10 this is VERY incorrect. Any Joe Schmoe can pick up a horse and take advantage of a potential buyer. That's why, just like buying a used car, its up to the potential buyer to do their homework BEFORE purchasing. If they don't then its their loss

and yet when a car dealer makes specific representations, they too can be held to those representations.

 

[RRevak]

Wow, I guess the UCC means nothing in the business world which is where this is taking place.


and yet when a car dealer makes specific representations, they too can be held to those representations.

I promise you sellers in the horse business do it ALL THE TIME. This guy sounds less than lucrative and trusting him wasn't smart. If a person is aware that they have special needs regarding a horse, and little to no experience, then they go with help plain and simple. And they certainly DON'T purchase without at least WATCHING someone ride them. That's like buying a used car without having a mechanic look at it first. Once you drive it away its yours. Same with a horse.

 

[justalayman]

]I promise you sellers in the horse business do it ALL THE TIME. This guy sounds less than lucrative and trusting him wasn't smart. If a person is aware that they have special needs regarding a horse, and little to no experience, then they go with help plain and simple

.they had help; the experienced horse trader and the professional trainer. I don't know who else an inexperienced horseman would need.

And they certainly DON'T purchase without at least WATCHING someone ride them. That's like buying a used car without having a mechanic look at it first. Once you drive it away its yours. Same with a horse

well, depending on what promises the person made about the vehicle prior to me purchasing it, I could very well have an action against a seller. If a false representation is made, I have recourse.

You're missing the point of what an implied warranty is and how it causes the seller to be liable I guess. If I buy a car and I tell the dealer I that I need one that can ford a 3' deep stream and I don't know what it takes to do that, if the guy wheels up a car and says; This one right here will do that, well, he just implied that vehicle is fit for the purpose. If I drive it home and it won't ford a 3' deep stream, I have an action against him since he represented it fit for the purpose. I don't have to test drive it to be able to enforce that promise.

 

[kdanakos]

Lied to.

I had the word of someone I trusted about these horses. He told me they were broke and 100% safe for us to ride with our conditions. I have his words exactly in texts from him and his horse trainer sister. She said she rode the gelding almost everyday until we picked him up. We were supposed to ride him when we got there. Also, unlike some of you in the horse world, I have limited funds so I took the word of my "friend" and the trainer that they were good horses. There is no way they rode him or her the way they behave. I have never seen horses act like these two do.

As for me being kicked. I know horses can kick and throw you off of them. We have not ridden them at all since we got them last week due to their temperments. The gelding kicked me when I was 3 feet in front of him. He even stood up on his back legs and tried to knock my husband down. He is "crazy".

They just took advantage of my trust and took my money. They knew they lied about their temperments. We can barely feed them without them acting up. They knew that. Everyone who has a horse bought one for their first time just like us. I should not be stuck with the burdon of these horses that are not what was promised to me.

I really dont want to re-sell them to someone else because of their temperment. It would be irresponsible of me to sell them to someone like they sold the to me.

 

[RRevak]

.they had help; the experienced horse trader and the professional trainer. I don't know who else an inexperienced horseman would need.

well, depending on what promises the person made about the vehicle prior to me purchasing it, I could very well have an action against a seller. If a false representation is made, I have recourse.

You're missing the point of what an implied warranty is and how it causes the seller to be liable I guess. If I buy a car and I tell the dealer I that I need one that can ford a 3' deep stream and I don't know what it takes to do that, if the guy wheels up a car and says; This one right here will do that, well, he just implied that vehicle is fit for the purpose. If I drive it home and it won't ford a 3' deep stream, I have an action against him since he represented it fit for the purpose. I don't have to test drive it to be able to enforce that promise.

OK, I did a bit of digging and found that potentially under the CPA (as according to what I read UCC is contractual in nature and fairly easy to get around in regards to novice horse purchasers) OP might have standing to sue. She would need to send certified letter of notice or demand first before proceeding providing the seller an opportunity to remedy the situation out of court. It may be an uphill battle but apparently it might not be impossible.