# I sold a horse with no contract do i have to buy it back



## justacountrygal (Feb 9, 2012)

I sold a horse and the buyer didn't get a pre-purchase exam done, there's no contract, no written warranty, guarantee or return statement, and no bill of sale (and the buyer never asked for any of those either). She got it home and found out through gossip the horse was injured several years ago in an accident that happened BEFORE I bought him. She now wants me to buy the horse back. Am I obligated to and does she have a case for court?
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## Speed Racer (Oct 21, 2009)

No, you're not obligated to do anything. She bought 'as is'.


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## CLaPorte432 (Jan 3, 2012)

Ditto with what Speed Racer said.


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## justacountrygal (Feb 9, 2012)

She was told by a mutual friend and is trying to say I didn't disclose it and I sold the horse "unsound". She has forwarded texts from my "friend" where I discussed the injury with her. However it didn't happen while he was with me and I only owned him 48 hours. He bucks when "fresh" so I decided not to keep him. He bucked with her and her bf when they. 
rode him at my house but they bought him anyway. From what I have read online it is my understanding that I only have to disclose a condition if he has one and I was not aware of a condition so there was nothing to disclose. Is that correct?


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## Speed Racer (Oct 21, 2009)

You have no written contract, and she didn't get a PPE done. However, if you KNEW he had a prior injury at the time of the sale, you _should_ have told her that.

While I think you're both at fault, you for not fully disclosing and her for being stupid and not getting a PPE, legally you're under no obligation to take the horse back. Horse buying is always 'caveat emptor'.


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## justacountrygal (Feb 9, 2012)

Yes. "Buyer beware". I just wanted to make sure. I didn't hide anything I even gave her the former owners phone number. When they came out they didn't even check him--didn't pick up his feet, run her hands over him, or lunge him around. She didn't even ask me any questions.
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## justacountrygal (Feb 9, 2012)

Thank you both for responding!!! 
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## Cacowgirl (Feb 19, 2011)

That is just weird-I've never known anybody to buy a horse & not at least pick up his feet & do a few other things. but, they did ride,hmm. No vet check & you only had him for 2 days, so really what could you know about him? I presume you didn't do a vet check either? Hope this does not become a big headache for you.


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## justacountrygal (Feb 9, 2012)

Good news though. She did an after purchase exam and he's 100% sound. Whew!
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## justacountrygal (Feb 9, 2012)

Just found out.
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## sammerson (Jan 13, 2012)

Glad it worked out for you! I'm pretty sure even if it didn't you still would have been okay. Where I'm from, as long as you do not state that you guarantee the horse to be 100% sound you are selling it "as is".


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## mildot (Oct 18, 2011)

Next time you sell a horse either disclose everything you know about the horse's medical history in writing or make the buyer sign an "as-is" bill of sale.


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## Joe4d (Sep 1, 2011)

alot of your questions are gonna depend on your local laws, your profession and how you present yourself. In Va, someone that is or presents themselves to be a horse professional has greater disclosure obligations than a lay person. However reading between the lines there seems to be a specific attempt to defraud going on. If the new buyer can document you hid know medical issues thats not just you not being a professional thats purpoosefully hiding stuff. She might have a case against you.
Buyer beware horse laws generally only cover non professional sellers who honestly dont know something and sell something as is. I dont think that is what happened here.


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## Saddlebag (Jan 17, 2011)

Doesn't matter if he was dead lame. The onus was on her to have a pre purchase exam done.


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## AlexS (Aug 9, 2010)

mildot said:


> Next time you sell a horse either disclose everything you know about the horse's medical history in writing or make the buyer sign an "as-is" bill of sale.


Or don't disclose anything and sell 'as is'. It's on the buyer if they don't do a PPE.


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