# Disgruntled Buyer -Small Claims Threat



## hzlanep (Oct 3, 2017)

Hi all,


My dad recently (about 4 months ago) sold a little mare. She was 21 yo and we sold her as not broke to ride/breeding sound only. The lady that bought her actually told us she was going to use her as a riding horse after taking her to a trainer. She was purchased for $500 as we gave the lady $200 off since she wouldn't require registration paperwork as she wasn't breeding her. She later requested the registration papers and agreed to pay those fees herself. I guess she decided to try breeding her after all.


Today she gave us a call saying she'd tried to breed the mare but now her vet is saying she only has a 10% chance of carrying a foal. She wants us to refund her the money she paid for the horse and take her back four months after the fact or she will take us to small claims court. We sold the mare in good faith and had no clue there might be anything wrong with her ability to foal as we'd foaled 2 colts out of her. We also sold her as a riding horse but she was advertised as broodmare sound only. 



My question is does she have a good case do you think? Should we refund her money and take the horse back? We gave her 60 days to bring the horse back in and never heard anything until now. This just came out of the blue. My dad doesn't have her bill of sale either (he's old, so it's probably lost forever...). Is 10% chance still breeding sound enough to pass? The lady was offered a seller paid vet check at time of purchase and chose to forgo it.


Any comments/help would be appreciated!


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## SilverMaple (Jun 24, 2017)

She bought a 21-year old mare intending to use her for breeding without proof of a breeding soundness exam? That's on her. Sounds like buyer's remorse....


What you do is up to you... she'd have a hard time making a case, but if she decided to pursue it because you sold the mare as 'breeding sound' (and that generally means she's had an exam), you'd be out the time and any legal expenses if it actually went to court. I would guess it's an empty threat since going to small-claims court over a $500 horse seems counterintuitive. However, if you think the mare may be in danger of being abused or dumped because this clueless owner doesn't want her any more, you may want to offer to take her back if it would weigh on your conscience if you didn't. I wouldn't give her a penny of her money back, though.


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## hzlanep (Oct 3, 2017)

I don't think she'd hurt the horse. I think she just wants to scare us into returning her money. The only concern I really have is that my dad has no paperwork, so it would turn into a he said/she said type situation.


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## Change (Jul 19, 2014)

She didn't get a pre-purchase exam for a breeding horse. 60 days on an equine return is longer than the average. In all honesty, I'd ignore her since she has no case 4 months in. She knowingly bought a 21 year old mare and in four months any change in the horse's health or soundness are her problem.


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## LoriF (Apr 3, 2015)

I would tell her that she can bring the mare back if she wants to but she will not be getting her money back. Who knows what she did in breeding practices to give the mare only a 10% chance of carrying. And, you are only going by what she says. She might not have even talked to the vet or even had the mare examined. 

You sold her as breeding sound based on not having a problem with her. She bought her as an untrained riding horse because she didn't want to breed. Then she changed her mind and decided she wanted to breed her. Maybe she changed her mind again and decided that if she was going to breed she would have chosen another mare and now sorry that she bought her. 

On top of all of that, she is a 21 year old mare. As we know, all good things must come to an end and when it comes to biological beings we just never exactly know when that is going to happen. I would never buy a 21 year old mare for intentions of breeding without a breeding exam unless she was already confirmed in foal. If she refused an exam before purchase then that is on her.

And here is the last thought of mine. I'm not knocking people breeding on a budget as I don't have unlimited funds and I bred my mare. But, if I was fretting over 300 dollars, my endeavor would have never gotten past just a thought.


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## hzlanep (Oct 3, 2017)

Thanks guys! We spoke to a lawyer friend of ours and they said pretty much the same thing, so we're going to wait it out and take her on if she does actually try to make a claim against us.


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## LoriF (Apr 3, 2015)

Let us know how it turns out if you remember


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## whisperbaby22 (Jan 25, 2013)

Yes I'd like to know too.


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## Yogiwick (Sep 30, 2013)

"The lady was offered a seller paid vet check at time of purchase and chose to forgo it."

First of all what an idiot. Second of all, there's the case right there. I also think she's just fussing and nothing more.


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## AnitaAnne (Oct 31, 2010)

I would most likely take the mare back, doesn't sound like she is in a good home. Its not a lot of money either way


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## Acadianartist (Apr 21, 2015)

No, she has no case whatsoever. 

That said, I don't think she cares about the mare. If you care more about this horse than the money, I'd just take her back, but quite honestly, this buyer is full of crap. 

If you don't think the horse will be treated badly, and you don't want to have to go through the process of re-homing it again, then I'd call this lady's bluff.


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## mmshiro (May 3, 2017)

hzlanep said:


> Today she gave us a call saying she'd tried to breed the mare but now her vet is saying she only has a 10% chance of carrying a foal.


I'm confused - what if she had died in the interim? She would have a 0% chance of carrying a foal. How is that your problem?

Here's an idea: Get a pre-purchase examination to check whether the horse is fit for its intended use! I do hope you sold her "as is", without any express or implied warranties?

People...


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