# Bought a faulty horse! Need advice please!



## Daisy2010 (Aug 7, 2012)

To make a long story short!...I went from Louisiana to West Virgina to try a friends horse out for a week, and he was nice! I ended up buying him and was told in previous correspondence the horse was never lame. 2 months after arrival with only extremely light work he comes up lame so I had my vet do x-rays and found an old sesamoid fracture in the front ankle with severe arthritis, and 3 bone chips with arthritis in the ankle in general. The previous owner claims to not know of these injuries even though she had x-rays done on him herself. She has said she would produce her copy of x-rays for my vet but hasn't. My vet has even called hers, and he has not talked to her or returned her call. I have e-mails and text messages saying she gave him injections for arthritis and had his ankle injected because "that's how she likes to do things." Not because this was the glue holding him together for him to be sound! Since she was a friend I figured I had no reason not to trust her. She has texted me she would take him back if it came down to him not being able to do what I ask. I had his ankle injected...and the arthritis injection about 2 weeks ago, and things seem to not be any better. He has started bucking 2-3 strides into the canter, and now even at the trot he is tense and is "hopping" on his front right (the offending ankle) The previous owner is convinced it is saddle fit...even though I just purchased a $2000 saddle a fitter says fit to a "t". I have asked her to take the horse back, and she just keeps side stepping the issue. I am wondering...if it comes down to it...do I have a case of misrepresentation since I did ask the necessary questions...have her e-mail and text responses? I truthfully just want to start over considering I haven't gotten attached to the horse...He is bucking and threatening to rear because of his issues and I have a small daughter to raise. I don't feel like I should have to bite the bullet on this! Thanks for your time! Any advice is appreciated!


----------



## HowClever (Feb 16, 2010)

I don't know how things work with your legal system, but if you didn't have a pre-purchase exam done by a good vet then I think you should take it as a lesson learned kind of situation.
_Posted via Mobile Device_


----------



## gigem88 (May 10, 2011)

Doesn't sound much like a friend to me  Without a pre-purchase exam, including x-rays, you never know what you're really getting. But, sometimes even with an exam you get stuck with a lemon.


----------



## WickedNag (Sep 7, 2010)

If it had been two days but two months... I think you are out of luck


----------



## ozarkmama (Jun 20, 2009)

I agree with the previous posts. I think without a prepurchase exam you are out of luck. lesson learned the hard way.


----------



## Speed Racer (Oct 21, 2009)

Consider it a lesson learned. Admit you screwed up due to your own pigheadedness and stupidity, and learn from your mistakes.

You had every opportunity to have a PPE done, and didn't do it. Horses are sold 'as is', and if the horse turned up lame after 2 months of ownership, the seller could say it was something YOU did.


----------



## Saddlebag (Jan 17, 2011)

Considering the vet's xrays prove old injuries then she may have a leg to stand on. Plus the correspondance with the owner. If she takes this to court the judge may requisition the previous owner's x-rays.


----------



## waresbear (Jun 18, 2011)

Interesting. You did not do PPE, had the horse 2 months, but the seller offer to take the horse back in an email, but not in a signed contact. Hmmmm, I doubt you would recoup your losses fully on court case, but I am not Judge Judy.
_Posted via Mobile Device_


----------



## Daisy2010 (Aug 7, 2012)

I didn't have a PPE done since my friend had taken the horse to the vet just prior to me going out there. I trusted her word since she had been honest about a different injury. I figured if she were honest about that...why lie about something else! All correspondence claimed he was sound, and she got his ankle injected cause that was just how she did things...not the glue holding him together. She stated after all this came down that her vet suggested he be used for light riding and def no jumping....I learned this after the purchase and his arrival. I had no intention on jumping so I guess she figured he would be ok for what I do, but that is no excuse to lie when asked.


----------



## Daisy2010 (Aug 7, 2012)

Speed Racer...the injuries are textbook racing. I don't think a sesamoid frac. would heal to perfection and develop arthritis in 2 months....I knew I was buying an off the track and would eventually have to deal with the aftermath, but not in only 2 months on a 6 year old horse that was supposed to be sound as an ox.


----------



## HowClever (Feb 16, 2010)

Take away the fact that this was a friend of yours. Its pretty much irrelevant at this point.

You purchased a horse without requesting a PPE from an unbiased vet. Buyer beware. And honestly, red flags should have gone up when she said she was having one particular joint injected. That's not preventative, that's treatment.


----------



## waresbear (Jun 18, 2011)

Oh I agree she was deceitful in the sale, however you have no signed contract, just emails and with those, there is mitigating circumstances. I really doubt you would recoup all your expenses back through the courts.
_Posted via Mobile Device_


----------



## Daisy2010 (Aug 7, 2012)

From what I gather...the seller doesn't have to divuldge any info, but cannot be dishonest if asked specific questions. I'm under the impression I fall under this category and have the emails and texts to prove it, and the fact she said she'd take him back. I don't know why she won't release the x-rays she has had done...unless she knows it'll be game over for her.


----------



## HowClever (Feb 16, 2010)

So, you didn't want advice you just wanted people to say go ahead and sue her?

Why is everyone so lawsuit happy? What happened to taking responsibility for your actions?


----------



## Daisy2010 (Aug 7, 2012)

I totally get I was taken. If you can't trust family and friends who can you?! I was getting mixed results on what action I could take at my barn so I decided to post it here. I


----------



## Daisy2010 (Aug 7, 2012)

I am not lawsuit happy and has never filed one in my life...IDK how to even go about it. I'm sure you would have a different opinion if u were in my shoes. I wouldn t have posted on here if I wasn't wanting opinions


----------



## HowClever (Feb 16, 2010)

I HAVE been in your shoes. I bought a horse and was told numerous things about his vet care and past history. Found out it was all lies not long after I had to put him down due to an injury that had occurred 5 years earlier that I had not been informed about. I very much know what its like to be duped, I lost a horse because I was duped. Still MY fault for not having a PPE done.


----------



## waresbear (Jun 18, 2011)

Mitigating circumstances are just that-she could come up with excuses to a judge to offset the action, happens all the time and most judges not familiar with horses, could take those circumstances into consideration at a loss to you.
_Posted via Mobile Device_


----------



## Gremmy (Feb 17, 2009)

Having defended a justified lawsuit in another thread, I do have to agree with the majority here. If there was no contract guaranteeing the horse's soundness, go ahead and try to get what you feel you deserve, but I doubt you will get far. As for trusting family and friends, not in this world I'm afraid. Always get it in writing.


----------



## WickedNag (Sep 7, 2010)

Great advice Gremmy. It doesn't cost much to take her to small claims and try. The friendship is probably in the toilet regardless....


----------



## Kelli (Mar 13, 2012)

Didnt she offer to buy the horse back? If she did, then take her up on her offer. You would no longer have to worry about it, and you could look for a better horse that suits your needs with a little more experience under your belt.


----------



## Daisy2010 (Aug 7, 2012)

I would LOVE to put him on the next trailer back!...but it seems like she made the offer to save face. She keeps throwing out the excuse of saddle fit...never once blaming the ankle held together on hopes and dreams! I don't think she imagined I'd take her up on the offer.


----------



## wetrain17 (May 25, 2011)

If it really bothers you, call a lawyer and ask for advice. But like others have said, buyer beware


----------



## AlexS (Aug 9, 2010)

If she will still take the horse back, sell it back to her. 

If not, chalk it up to learning an expensive lesson.


----------



## texasgal (Jul 25, 2008)

Daisy - Welcome to the forum and I'm sorry that this happened to you.

However, as sorry as it was for your friend to do this to you, she did. You have to take responsibility for your part. Always always always have a PPE done, or accept what you get - friend or no friend.

If she will buy the horse back, who cares if the offer was just to save face? If you now keep the horse instead of sending it back, you've made yet another choice that you have to live with.

If possible, SEND IT BACK. Chalk it up to experience and a lesson learned.

Lessons learned this way aren't easily forgotten.


----------

