Problem with New Horse purchase

[Barrelrnr]

Florida-
will try to make this short-I posted a "wanted" ad for a trained barrel horse and received a reply from a lady that said-" I have a 12 yr old well trained barrel horse for sale" . after a couple emails back and forth, I went to see the horse. Since the horse was not registered, I once again asked about the age and was assured that he was 12. was also told he was a 1-2D barrel horse and knew what he was doing and would not require any additional training. I rode him, seemed calm and willing. she had some barrels set up in the back and he responded very nicely-seemed to be ok. asked if he had a current coggins (yearly test required here), if he was up to date on shots and worming, and was told yes on all. 4 days later, I had someone pick him up for me and deliver him to my house. when I got him here-I noticed that the receipt she wrote stated "sold one 12 yr old gelding as is " but the coggins test (done by vet) stated that he was 15 yrs old (test was dated 9/02) which would make him 16 yrs old this year. I called the seller and stated my concerns-she once again told me he was 12 and that she could tell his age from his teeth. I called the previous owner and was told that she had the vet check him and he said he was 15 at the time of the test. I also took the horse to a club on Saturday-2 days after I received him, and he was a totally different horse than I rode before-he was hyper, refused to turn the second barrel-was hopping around and acting completely unruly. A good healthy barrel horse should be able to perform until he is about 19 or 20, but if the vet is right about the age-thats only 3-4 yrs now. I emailed the seller when I returned home from the club and stated my dissatisfaction and told her that I wanted to return him. would like to know if I have a case if she refuses to take him back. If she refuses-I would like to know if I have a case to return him and get my money back-I feel she completely misrepresented both his age and abilities.

 

[I AM ALWAYS LIABLE]

My response:

Unless you can prove fraud, or negligent misrepresentation to void the contract, you don't have a case - - both causes of action requiring heavy burdens of proof on your part.

You see, the problem is that this sale is very much like the sale of a car between private parties. You "test drove" the horse, and looked at it yourself. But, prior to purchase, you failed to have the horse inspected by an expert authority. Nor did you inspect the "papers" (medical records) of the horse prior to purchase. It's the same for a car. If I buy a car without having a mechanic inspect it, nor inspect the past repair records, I would be "stuck" with the car under the legal theory of "caveat emptor" - - Let the buyer beware."

That's where I think you're at with this horse. You bought a horse without an inspection, and now you're relying on oral statements made to you by the seller. Not a good position to be in, especially when you're trying to prove your case to a judge, and trying to jump the barrel of "caveat emptor."

Good luck to you, but based upon what you've said here, I don't think you have much of a basis with which to void the contract.

IAAL