# Trial period nightmare! Has anyone been through this?



## Snookered (Dec 13, 2010)

First time horse seller here. Will try to be concise.. 

I sold my 17 year old QH mare to a man with a 10 day trial period. (mistake #1)
Was told the trial was only to see if she got along with his 2. 
She did.
We had a contract that stated:
If she gets injured, he notifies me immediately, and is responsible to seek medical intervention..and pay for all vet bills and meds. 
He has the right to refuse to buy her before 10th day. 
I have right to inspect and refuse her back if she is injured. (not pre-existing injury or condition)
I also gave a list of conditions for the trial. 1 of them was no hard riding. 

@ 2 days into the trial, after being stalled for 2 days, she came up lame with a fetlock injury. 
His vet came that day to check her over anyway, and offered bute and joint meds. They gave her neither. 
Vet said possibly happened during the 3 hour trailer ride. And might be an old injury that was tweaked. 
He has two 15 year old girls who care for his horses for him as he is part time in residence (rich lawyer.. country cabin/farm)
The girls rode her almost daily while she was limping and swollen. I have emails updates from one of them claiming riding at the jog, trot and lope and mentioning that she was still swollen and limping while riding. 
On the evening of the 8th day, the girl called to tell me she was almost completely lame, worsening since day 6 and they didnt want her. 
I again asked if they called the vet as per the contract, and they stated no. No first aid, no stall rest, no wraps, no ice or heat. 
They are now insisting this is a previous injury and therefore I cant refuse her back. 
The man is now trying to drug her up to be able to handle the 3 hour ride again. 
I am still refusing to take her back. My vet is against moving her at this time with this injury. 

While I owned her, She was boarded an hour away so I didnt have much contact. I've owned her approx 5 years. I no longer ride. 
She was used for lessons there for many years with no problems. she also does several trail rides per year with no problems. 
I contacted the vet we used who states she has never treated this mare for a fetlock injury. And will write an affidavit about it for me. 
I have a possible statement from another woman who taught lessons at this barn for over a year using this mare with no problems, and is unaware of any history of fetlock injury or lameness. 
She was also still in use as a lesson horse up to the day I sold her with no problems. 
Yet the man insists there was one, and refuses to keep her. 

They came up 2 weeks prior to purchase and rode for 2 hours with no evident problems. 
They also inspected her on day of purchase and she was sound, not swollen and not limping. 

I am holding a personal (I know.. stupid) check for the entire amount that I cannot cash because we are now disputing the purchase. 

I feel he violated the contract by not notifying me when she worsened.. not seeking medical attention, not applying any first aid or meds, and for the girls riding on a fetlock injury making it worse. 

He wants to seek a mediator for the issue, but none are available in my area. I am on fixed income.. single Mom.. and NO money for board and or horse bills.. so I dont want her back. He states they are not keeping her. 

Any thoughts??


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## dressagebelle (May 13, 2009)

Wow. I don't know much of anything about law, but I think that you've done a lot of right steps, making sure you have all the paper work, the trial is clearly explained on paper, what you AND he agreed to, and you have your vet who's willing to "testify" that the horse had no prior injury when she was "sold". I hope that you guys can come to a satisfactory conclusion to this mess.


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## mls (Nov 28, 2006)

Snookered said:


> @ 2 days into the trial, after being *stalled* for 2 days, she came up lame with a fetlock injury.
> His vet came that day to check her over anyway, and offered bute and joint meds. They gave her neither.
> Vet said possibly happened during the 3 hour trailer ride. And might be an old injury that was tweaked.
> 
> ...


Which is it? Horse was stalled - or wasn't? Vet saw the horse - or didn't?

You were told they were riding the horse while it was sore and swollen and you did not intervene. Sorry - this goes back on you.

3 hours or not, I would of been in my truck with the trailer behind it.


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## Snookered (Dec 13, 2010)

> Which is it? Horse was stalled - or wasn't? Vet saw the horse - or didn't?
> 
> You were told they were riding the horse while it was sore and swollen and you did not intervene. Sorry - this goes back on you.
> 
> 3 hours or not, I would of been in my truck with the trailer behind it.


I dont have that luxury.. 
I dont have a truck.. or a trailer. Or a way to get her, or the money to rent someone, and no where to bring her back to. She was boarded elsewhere while I owned her and due to an injury of my own, and many other circumstances.. I basically paid her board. But wasnt able to be an active participant in her life. 

She went there on a Tuesday night. She stayed in her stall for 2 days due to inclement weather. Thursday when their vet came to check her out, she apparently showed swollen and limping. 
Their Vet told them it should work itself out in 3 or so days. I was under the impression from emails that she was healing daily.. less swelling.. hardly limping, and improving each day. Than no word for a few days until they hit me with She is almost completely lame, getting worse over past few days, still limping at the trot, hardly bearing weight, very swollen, doesnt want us touching it and *we dont want her. 
*
Up until then, I was under the impression they were giving her meds as they called and asked my permission to do so on day 2. And that a vet was advising them on her care. As soon as I found out they hadnt notified the vet of her worsening condition, I insisted they do so as per the contract. I also at that point demanded they stop riding her and follow vet instructions as to her care until we could resolve this issue. 

I was told on day 10 that the vet had finally come back, and gave them bute to give her for 2 days so they could trailer her back on Saturday. Thats when I refused to take her back and the fun began. 
http://www.horseforum.com/horse-law/trial-period-nightmare-has-anyone-been-73069/#ixzz181BYCXvK​


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## MN Tigerstripes (Feb 20, 2009)

Honestly I can't believe you want to leave this horse with these people. I understand that they didn't follow instructions for her care and now you're going to be out some money, but I would feel terrible leaving this poor horse with them. They've already treated her like crap, her next step is probably an auction (and the meat buyer) if she stays with them. 

If it was me, I would take the horse back and do my damndest to take these people to small claims court to have her vet care paid for.


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## sarahver (Apr 9, 2010)

Unfortunately this situation is not that uncommon when trial periods are offered and exactly the reason many people would refuse such a deal. I know you said you sold the horse, but in actual fact you haven't so ultimately the responsibility will fall on your shoulders. I do sympathise with your situation but it sounds like you may have to do the best thing for the horse to ensure that she is returned to health and a suitable home is found for her.

There are a couple of areas in your agreement that I think will cause some problems for you:




Snookered said:


> He has the right to refuse to buy her before 10th day.
> _*This clause would suggest that you should have been prepared to take her back within 10 days, unfortunately that is a risk you must be prepared to accept if you are going to allow a trial. I understand that things are tough for you financially but this was far from a 'done deal'.*_
> 
> I have right to inspect and refuse her back if she is injured. (not pre-existing injury or condition)
> ...


As for the rest of the information, sounds like you just need to bring her home despite the financial hardship that it may cause you. Hopefully the injury is not a serious one and you will be able to sell her in the New Year.


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## equiniphile (Aug 16, 2009)

The trial barn is obviously not a safe place for her. If she was on trial and they hadn't wanted her at the end of the ten days, what would you be doing with her? legally, you would have to take her back. You claim you do not have a barn for the horse now? I know it's financially hard; my mom is a single mom and we have 7 horses on our property. The horse has to come first, though.

MLS, I think she meant she was stalled the first two days, after she came up lame she was not on stall rest, but being ridden?


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## Speed Racer (Oct 21, 2009)

OP, I do feel sorry for you because of your financial straits, but the fact of the matter is that the horse belongs to_ you_, and whether or not you have a place to board her is immaterial.

Unfortunately, as Sarah pointed out, your contract has huge holes in it that any attorney worth his pay would be able to get past.

I'm sorry, but you need to make arrangements to have her boarded, and take her back. If you have to, give her away. Many people have done that, just to get the animal off their expenses.

I'm not sympathizing with the buyer, but I can see it from his angle. Had you sold the animal outright you wouldn't be having this issue since most horse sales are 'as is', unless explicitly stated otherwise in a binding, signed contract.

I do feel badly for you, but I feel the most sympathy for the horse, who is caught in the middle of all this through no fault of her own.


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## mls (Nov 28, 2006)

Snookered said:


> I dont have that luxury..
> I dont have a truck.. or a trailer. Or a way to get her, or the money to rent someone, and no where to bring her back to. She was boarded elsewhere while I owned her and due to an injury of my own, and many other circumstances.. I basically paid her board. But wasnt able to be an active participant in her life. ​
> She went there on a Tuesday night. She stayed in her stall for 2 days due to inclement weather. Thursday when their vet came to check her out, she apparently showed swollen and limping.
> Their Vet told them it should work itself out in 3 or so days. I was under the impression from emails that she was healing daily.. less swelling.. hardly limping, and improving each day. Than no word for a few days until they hit me with She is almost completely lame, getting worse over past few days, still limping at the trot, hardly bearing weight, very swollen, doesnt want us touching it and *we dont want her. *​
> ...


Hmm - Story changed from the original post . . . .


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## Snookered (Dec 13, 2010)

Ok wow.. 




> Hmm - Story changed from the original post . . . .



Really? In what way? 
I was trying to just stick to the basics in the OP because this is the *Horse Law* section of the board not the cry me a river part. Since you asked for more clarity, I tried to offer more details. Sorry if you couldnt follow along. 

So some more basics than Im done with this board. 
I came to the Horse Law section for advise from anyone who had been in a similar situation. Thats why I asked if anyone had been through it. 

What I didnt ask for was ****y comments placing blame at my feet as if I havent gone through heartache over this entire situation. I dont mean to sound callus about it, I just didnt want to muddy up this section of the board with personal feelings. I was seeking advise on a legal matter from those who had been through it. My bad.

If it makes you feel better to know.. I lost my spot at her old facility. Most people who buy/sell around me have already done it for the year and have settled in for winter. No openings around me. No one wants a lame horse on property. I didnt feel the need to mention that Ive called around already since thats not what the thread was for. Again.......My bad. 

And I'm pretty sure I mentioned...... yup, I did .....

that my vet doesnt want her moved right now. so yea, it isnt ideal for the horse to be there.. but its worse to trailer her. I cant pick her up and carry her so guess what? 

And no.. I dont 'want' to leave this horse anywhere. But as stated.. it is what it is for now. Its not a financial hardship.. Its monetarily impossible. Because her previous stable used her for lessons, I paid next to nothing. I wont be getting that same deal anywhere with a lame horse. But until this is worked out. There are no other options. My magical money tree has dropped all its leaves for the winter. 

If I was sticking around, I'd go post that in the you suck as a horse owner section so you could all have at me.. but I see how this forums treats the inexperienced newcomer and Its not for me.. 

Thanks for all who tried to offer up some support or thoughts on the contract. I appreciate that. 


http://www.horseforum.com/newreply.php?do=newreply&noquote=1&p=849839#ixzz181ly90vv​


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## sarahver (Apr 9, 2010)

I am sorry if you are offended by some of the posts. Actually I agree with you that your story did NOT change from the OP - you DID state originally that you did not want her back so that comment was uncalled for.

In answer to your question, you are certainly not the first to be in this situation and you won't be the last. Unfortunately it doesn't change the fact that legally you probably don't have a case. Not what you wanted to hear I am sure but there you have it and I hope that something can be arranged that is in the best interests of the horse. Good luck.


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## franknbeans (Jun 7, 2007)

I am sorry that you are finding this an impossible situation. however, I believe you posted that the buyer is a lawyer. Even worse, unfortunately. If not, sorry I misunderstood, but the fact remains that after the ten days, the payment for the horse's expenses becomes your responsibility. To me this means that you need to find a place close to where the horse is to keep her, as inexpensively as possible, or risk this guy either charging you, sueing you for unpaid board, etc after a time, and/or sending the horse on "down the road". I know that is not what you want for the horse, but that is a very real possibility. And, I know you are still here to read this, since your name is at the top as being on this forum. :wink:


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## ptvintage (Feb 12, 2010)

Snookered said:


> First time horse seller here. Will try to be concise..
> 
> I sold my 17 year old QH mare to a man with a 10 day trial period. (mistake #1)
> Was told the trial was only to see if she got along with his 2.
> ...


You were notified something was wrong, just as you asked, why didn't you take any action then? They may not have gotten vet care, but once the horse was taken care of, I'm sure you could contest the vet bill with them to make them pay for it.

The girls were foolish, but I don't think you really have a case, as they did what you asked, and they have the emails to prove it.

If you're looking to wash your hands of this, I think your best bet would be to accept this as a loss, and post a "Free to good home, must pick up asap" ad in the area the horse is now located.

Otherwise, money talks, so I'm sure you could find a new place to board.


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## AlexS (Aug 9, 2010)

I believe the horse is your responsibility, they took it on a trial and did not buy it. Now they don't want it. 
Find a friend who can haul the horse and put it in an auction if you can't afford to board it somewhere. I am sure they would hold the horse until the day of the auction, or you could pay them to do this.


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## churumbeque (Dec 20, 2009)

They place that you say you paid board at seemed to be using it as a lesson horse. Usually that means they use the horse and you do not pay board. Will they take it back as a free lease or will they take it as a free horse? I persoannly would let them bring the horse back and sue them for the vet bills in small claims court.


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## apachiedragon (Apr 19, 2008)

If you don't figure something out, it is very possible that they will put a stop-payment on the check, throw the horse in a trailer, and bring it to your doorstep. And then what would you do? I would be hustling to make some sort of arrangement before it comes to that, either with them or with someone nearby them to board the horse until you figure out what to do...


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## Speed Racer (Oct 21, 2009)

churumbeque said:


> They place that you say you paid board at seemed to be using it as a lesson horse. Usually that means they use the horse and you do not pay board. Will they take it back as a free lease or will they take it as a free horse?


Good point, churumbeque. I was wondering that myself.

If the horse had been used previously as a lesson horse, wouldn't that barn be willing to take her for free?


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## Alwaysbehind (Jul 10, 2009)

I wonder, if because the mare is now lame, the lesson barn is not interested.

OP, it does sound like a crappy situation and it is one of those situations that makes it difficult for anyone else out there horse shopping to be able to get a horse on trial. You wrote up a contract that seemed to cover everything and they found a loop hole.


I am guessing your vet would rather the mare be moved than be left in a situation where it is going to be ridden or such.
Can you find a quiet boarding place near where the mare is and move the mare there until she is better? Then you can work on finding her a new home.


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## mbender (Jul 22, 2009)

I think OP is gone. She was real upset. I mean, this is what I don't get. Why post something if your not willing to see everyone's point of view. Not one of us knows her or her life and all we see is what is posted. Its unfortunate when someone goes through something like this and a learning experience for everyone. 

She now has learned a very hard lesson and I hope that a home is provided for that poor horse.
_Posted via Mobile Device_


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## kevinshorses (Aug 15, 2009)

That is why I will never offer a horse for a trial. When the people know they can bring the horse back they ride it like a rented mule and you stand a good chance of getting a horse back the has developed bad habits. One time I let a horse go for a two week trial and the horse came back with a bunch of missing hide and looking like they had rode him hard every day and only fed him every other. I had other people ask about the horse in the two weeks he was gone and I had to tell them they couldn't come and look at him because he was on a trial and then when he came back they wanted to know why the other guys didn't want him.

As for as the OP goes I think what I would do is tell them I wanted the horse delivered to a sale barn on the day of the sale and send her "on down the road". It may seem cruel but the OP can't afford the horse and very few people will take a lame horse even for free.


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## mls (Nov 28, 2006)

Snookered said:


> What I didnt ask for was ****y comments placing blame at my feet as if I havent gone through heartache over this entire situation.​
> that my vet doesnt want her moved right now. so yea, it isnt ideal for the horse to be there.. but its worse to trailer her. I cant pick her up and carry her so guess what?


The horse is three hours away - how can your vet make a determination if the horse should or should not be moved? We have dead lame horses trailered (correctly wrapped and hauled) into the equine clinic on a frequent basis because that is where the equipment is to best help the horse. 

It's only ****y if the questions make you uncomfortable. Just saying . . .


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## wyominggrandma (Nov 4, 2009)

Totally agree mls... We get dead lame horses, horses cut up walking on three legs, and they all manage a trailer ride just fine.
I don't get her whole thinking, if you sent it on a trial with the provision that they could refuse said horse and send it back, why would you just figure they would take the horse and you were safe from paying anymore board or money if they didn't want the horse.Maybe the OP figured if they took the horse they would not bring it back. A trial is just that, a trial.
I don't do trials anymore and don't expect anyone to do one for me.
In the end she is responsible for the horse, it is hers until the "deal" was final and sounds as if the deal fell through. Her horse her responsibility. Now she needs to do what will be best for the horse, euthanizing, selling at a sale barn, whatever but it is her responsibility and she needs to quit feeling sorry for herself and step up to the plate.


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## JekkaLynn (May 21, 2010)

mls said:


> Which is it? Horse was stalled - or wasn't? Vet saw the horse - or didn't?
> 
> You were told they were riding the horse while it was sore and swollen and you did not intervene. Sorry - this goes back on you.
> 
> 3 hours or not, I would of been in my truck with the trailer behind it.


I believe she is saying there that when the horse came up lame it was not given stall rest.


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