# First Horse Purchase



## ShawnNY (Aug 28, 2019)

My wife recently fell in love with a beautiful horse that was brought to our barn by the barn manager.
I made an offer and the owner accepted it after some negotiation. I was told she's getting divorced and cannot keep him.
When I requested the horses x-rays and vet records I was told that they would not be available because they were in the husband's name and he was being a, let's say, uncooperative guy.
I asked and was told that the horse belongs to the wife and he wants nothing to do with it, but the situation has me concerned. Firstly, about not being able to get his medical records but also any dispute between the couple that may arise concerning his ownership or proceeds from his sale.
I'd appreciate any insights or comments. The horse is really great and I'd love to get him.


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## Avna (Jul 11, 2015)

It is good practice to not buy any horse, without a vet of your choosing doing a PPE (pre-purchase exam). Why would the horse have been x-rayed? This is not something that is normally done unless there is a reason for concern.

I seriously recommend, if you can negotiate this now, that the sale be conditional on a clear PPE. 

Remember that horse trading is the second oldest profession. Generally speaking, do not trust anything that a seller says concerning a horse you are considering buying. Ever. Even your best friend.


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## Kalraii (Jul 28, 2015)

I really wouldn't entangle yourself unless you can guarantee a proper transaction of ownership. Even then being on the same property would worry me :< Sorry to say...


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## ShawnNY (Aug 28, 2019)

Avna said:


> It is good practice to not buy any horse, without a vet of your choosing doing a PPE (pre-purchase exam). Why would the horse have been x-rayed? This is not something that is normally done unless there is a reason for concern.
> 
> I seriously recommend, if you can negotiate this now, that the sale be conditional on a clear PPE.
> 
> Remember that horse trading is the second oldest profession. Generally speaking, do not trust anything that a seller says concerning a horse you are considering buying. Ever. Even your best friend.


Thanks Avna.
I fully intend to have a PPE done and everyone is in agreement. Apparently the x-rays were done as a baseline should any future problems arise. 
The fact that I was told that none of his vet records would be available because they were not in her name has just got me a little concerned. Should the husband decide he wasn't hers to sell, I imagine it could cause a problem for me.


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## ACinATX (Sep 12, 2018)

Does she have the papers, in her name? Can she show them to you?

I don't understand why she can't call the vet, if she owns the horse, and approve them to release the medical records to you.


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## ShawnNY (Aug 28, 2019)

ACinATX said:


> Does she have the papers, in her name? Can she show them to you?
> 
> I don't understand why she can't call the vet, if she owns the horse, and approve them to release the medical records to you.


Me either. Hence my concern.
She has said the vet records are in her husbands name, whom she is currently divorcing.


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## Avna (Jul 11, 2015)

And if she has the previous bill of sale, is it in her name? If it isn't, that's not good.


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## AtokaGhosthorse (Oct 17, 2016)

Gotta be honest here. I feel like she's trying to sell something that's not in her name and the vet knows it and would tattle on her to her husband and then you're drawn into a dispute, OP.


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## SilverMaple (Jun 24, 2017)

Yeah, unfortunately, I'd back out of this one unless and until they produce a copy of the papers in her name, or you communicate with the husband and get the papers and bill of sale drawn up with BOTH husband and wife signing it, and the horse passes a PPE. Why were the x-rays done? Are they from when this couple purchased the horse or are they done because of an issue? Not releasing records sounds like a big, fat excuse to try to unload a horse that has a problem. Get your own PPE done by a vet of YOUR choosing before you sign anything for this horse. And make sure both husband and wife are on-board with the sale and willing to sign a bill of sale and any registration papers over to you. They should also be able to produce vaccination/health records and a bill of sale showing they possess ownership of the horse, or registration papers in their name to prove ownership.

Unless and until that's done, I'm afraid you're going to come out the loser here. It also sounds to me like she may be trying to sell a horse that isn't legally hers to sell. If the horse was purchased/registered/vet records are in his name, she may not legally be able to sell him. This also sounds like a sticky situation if you're going to be staying at the same barn. Either that or wait for the divorce to be finalized, then try to negotiate with whichever party actually owns the horse.


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## ShawnNY (Aug 28, 2019)

All good points, and the reasons for my concern. 
Thanks for the opinions.
I'll request the documentation and see where it goes. My wife would be devastated at this point as she's ridden him and fallen in love....But, I'm not about to get dragged into someone else's circus.


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## ilovehorses411! (Aug 27, 2019)

If it feels wrong in your gut, pass on it. Plenty of good horses out there without strings attached. Good luck!


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## Yogiwick (Sep 30, 2013)

I think I'm on the other side of the fence. You've already spoken with the husband and he was not concerned so what is the big deal? Did you ask HIM if he has the records?

I also don't think having prior xrays is unusual or a red flag at all. They may not be a given in a baseline PPE but they are still pretty standard and commonly done.

Depending on the circumstances the vet the owner uses may not have any of his old records, it sounds like the horse is pretty recently acquired.

Get a bill of sale, have them both sign it unless it can be determined for a fact the horse is solely and legally in the wife's name..... If the husband doesn't want to deal with it it should be easy enough to get him to sign a paper saying not his problem right? Get your own PPE done by your own vet, mention if you don't have the records.

Past records and paperwork are good but likely they don't say much. If the husband has them ask him. Maybe the previous owner still has a copy? Call the vet? Lots of different options, but worse case if the horse does well with the PPE I would worry more about how he is now then past records.

Definitely more of a PITA then it needs to be but I don't see any reason not to proceed.


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## waresbear (Jun 18, 2011)

Yogiwick said:


> I think I'm on the other side of the fence. *You've already spoken with the husband* and he was not concerned so what is the big deal? Did you ask HIM if he has the records?
> 
> I also don't think having prior xrays is unusual or a red flag at all. They may not be a given in a baseline PPE but they are still pretty standard and commonly done.
> 
> ...


OP just said she asked & was told that husband didn't want anything to do with the horse. She didn't say who she asked, didn't sound like she had talked to the husband.


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## Acadianartist (Apr 21, 2015)

ShawnNY said:


> All good points, and the reasons for my concern.
> Thanks for the opinions.
> I'll request the documentation and see where it goes. My wife would be devastated at this point as she's ridden him and fallen in love....But, I'm not about to get dragged into someone else's circus.


Sadly, your wife will be a lot more heartbroken if you buy the horse and find out that you don't actually have legal title, then the ex-husband takes him back and sells him to someone else. The heartache now will be greatly amplified. 

I agree with everyone that you need clear legal title. Find out whose name is on the bill of sale and/or ownership papers and make sure that's the person who signs the new bill of sale. Then you're free and clear. Forget the vet records, that's a minor issue at this point. Do get a PPE, of course, and in this case, I might actually request new X-rays on the off chance that they're not being entirely honest with you about past issues. Even worse than buying a horse, then losing it to a vindictive ex would buying a horse, then finding out he has a medical issue that is going to require major medical intervention or worse.


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## Yogiwick (Sep 30, 2013)

waresbear said:


> OP just said she asked & was told that husband didn't want anything to do with the horse. She didn't say who she asked, didn't sound like she had talked to the husband.


Reread- you are correct! I still stand by what I said, definitely need more info but i wouldn't run away.


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## ShawnNY (Aug 28, 2019)

*So far...*

Thanks for all your replies.
After working on this with everyone involved, we have come up with a solution we are all comfortable with, without getting into details. 
PPE was done and he's healthy, pending blood work results, so I'm moving forward with a clean bill of sale.
I appreciate the input and hopefully this thread is not added to, lol.
At least not by me...


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## Etch1 (Sep 2, 2019)

Having been through a terrible divorce I can tell you this, if the horse is registered and is only in her name she can transfer the ownership to you and your wife. If he's not registered there is really no proof and she can give you a bill of sale in her name only. And ever buyer should get their own vet pre purchase exam. If your vet feels you need xrays then you decide if it's worth it. You need to trust your vet not the seller.


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## ShawnNY (Aug 28, 2019)

We had him vetted, including x-rays and the Vet was happy with the results. 
I completed the purchase today and we're looking forward to having this big boy around for a long time.
Thanks again for everyone's input. It definitely helped.


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