Lame Horse Deal

[Vkramer8791]

What is the name of your state? California

I bought a 12-year-old mare from a woman who advertised her as a good beginner's horse, safe for kids, a good trail horse, etc. The mare was calm and sweet when I rode her on their property. I paid the woman $3500 for this horse. When I got her home, she was a totally different horse. She spooks at EVERYTHING, which is, in itself, dangerous. I just had my vet check her (6 days after purchase) and he says the horse is severely lame and unrideable.

I did not (like a trusting idiot) get a pre-purchase vet check, nor did I get a contract signed. I want my money back and want to return the horse. Her vet claims that this woman never had the mare examined; she's only had shots given.

I haven't called her yet about my vet's findings because I want to do this right. Can someone please help me? This was all the money in the world to me (I'm a teacher). Thanks in advance...

 

[Ohiogal]

What is the name of your state? California

I bought a 12-year-old mare from a woman who advertised her as a good beginner's horse, safe for kids, a good trail horse, etc. The mare was calm and sweet when I rode her on their property. I paid the woman $3500 for this horse. When I got her home, she was a totally different horse. She spooks at EVERYTHING, which is, in itself, dangerous. I just had my vet check her (6 days after purchase) and he says the horse is severely lame and unrideable.

I did not (like a trusting idiot) get a pre-purchase vet check, nor did I get a contract signed. I want my money back and want to return the horse. Her vet claims that this woman never had the mare examined; she's only had shots given.

I haven't called her yet about my vet's findings because I want to do this right. Can someone please help me? This was all the money in the world to me (I'm a teacher). Thanks in advance...

You admit you did not get a pre-purchase vet check nor a contract. There is no warranty on the horse. You rode the horse. You accepted the horse basically in as-is condition. If the horse is severely lame but you rode her before you purchased her -- well what changed? You could try going to court but be prepared to lose. When did you talk to her vet?

 

[Vkramer8791]

I am completely inexperienced when it comes to horses. I had no idea she was lame when I rode her. The sellers swore she was sound. My vet came today and told me he suspects navicular in both front feet. Of course, we won't know for sure until we get x-rays done, but this vet is very, very good. I haven't talked to the seller's vet yet. He was only able to send me her shot records. The people that I bought her from are experienced horse owners who knew they were stealing from me. I can't believe this is legal.

 

[Ohiogal]

I am completely inexperienced when it comes to horses.

Then you definitely should have gotten a vet check.

I had no idea she was lame when I rode her. The sellers swore she was sound.

They may have legitimately thought the horse was sound based on their experience with her.

My vet came today and told me he suspects navicular in both front feet. Of course, we won't know for sure until we get x-rays done, but this vet is very, very good.

HOw do you know the vet is very very good when you are inexperienced when it comes to horses. What are you basing that on?

I haven't talked to the seller's vet yet. He was only able to send me her shot records.

Okay. So you dont necessarliy know anything else either.

The people that I bought her from are experienced horse owners who knew they were stealing from me. I can't believe this is legal.

OKay here is where you have problems. PROVE that the people are experienced horse owners who KNEW as you say that they were STEALING from you. Did they prohibit or prevent you from getting a vet check? How do you know they are experienced horse people? How do you know that they knew or should have known the horse was lame? Those are things the court is going to want to know.

 

[Vkramer8791]

Thanks, Ohiogal, for your frankness. I sincerely appreciate that.

I can absolutely prove that they are experienced horse people since they own a 40-acre horse and cattle ranch and are the 4H horse project leaders. Also, I have testimonials from at least a dozen experienced horse owners praising the vet that I used as "amazing" and "the best", etc..

I do see the huge problems with my "case". I really wish that I had known beforehand to get a vet check. Unfortunately, I didn't learn that until I paid for her and brought her home.

I also understand what you say about their not knowing that the horse was lame...BUT where are the morals to this story? Now THIS is where I think I have problems. If it were I who sold the horse and a week later received a call from the new owner saying that she was lame, I'd return their money in an instant SO THAT I COULD SLEEP AT NIGHT. This woman won't even answer my emails (I sent 2) nor will she return my phone call (I left one message with her sister and one on her machine).

 

[ForFun]

If you can prove that the seller(s) knew that the horse was lame (i.e. that they defrauded you), then you can probably win a lawsuit to recover your money.

Whether you have that proof is something else...

 

[Vkramer8791]

Thank you. I'm working on that proof. I am calling all farriers in the area to try and find who trimmed her feet (they never put shoes on her). Although most farriers don't document their findings, at least he/she will be able to tell me whether or not the sellers were aware of the disease.

Do you happen to know if the seller's vet is obligated to tell me whether he was aware of this or not? The seller did authorize him to fax me whatever health records he had on file for her, but all I received were shot records. It is likely that the sellers never did a lameness check on her, or that the vet let them know she was lame and they decided not to do anything about it. In that case, he may not have documented the finding, but he still may have a recollection.

 

[Ohiogal]

Thank you. I'm working on that proof. I am calling all farriers in the area to try and find who trimmed her feet (they never put shoes on her). Although most farriers don't document their findings, at least he/she will be able to tell me whether or not the sellers were aware of the disease.

Do you happen to know if the seller's vet is obligated to tell me whether he was aware of this or not? The seller did authorize him to fax me whatever health records he had on file for her, but all I received were shot records. It is likely that the sellers never did a lameness check on her, or that the vet let them know she was lame and they decided not to do anything about it. In that case, he may not have documented the finding, but he still may have a recollection.

And if vet put that recollection in a letter it would most likely be inadmissible as hearsay though sometimes small claims will allow it. It would be better to have the vet there to testify or the farrier there to testify as there would be no hearsay question. And the same thing with the farrier. Also they can't tell you what the sellers knew -- they could only tell you what they knew and what they remembered.

 

[CJane]

Thank you. I'm working on that proof. I am calling all farriers in the area to try and find who trimmed her feet (they never put shoes on her). Although most farriers don't document their findings, at least he/she will be able to tell me whether or not the sellers were aware of the disease.

You're wasting your time with farriers. They're not qualified to diagnose navicular, and frankly no matter how 'amazing' your vet is, he can't diagnose it w/out X-Rays. Navicular is a 'catch-all' term to indicate rotation of the navicular bone inside the hoof. MANY horses have this rotation with symptoms ranging from none to completely and utterly lame and needing put down. There are many treatments for this... corrective shoeing, corrective trimming of hooves, nerve blocks, bute (similar to aspirin as a pain killer) etc. SOMETIMES it's severe enough that the horse cannot be ridden - but that's rare, especially in a horse that's only 12.

You'll not only have to prove that they knew she had navicular, you'll also have to prove that they knew she was lame. And ... I seriously doubt you'll be able to do-so. The lameness that is often associated with navicular often has sudden onset. The horse is fine one day and suffering from chronic lameness the next.

IMO, you'd be better served to call a farrier who specializes in therapeutic shoeing and see what he has to say about treatment for your mare's condition.