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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Horse problems


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Hi folks

got an unusal problem,we have just got a horse and in laymans terms its faulty. before i go into the details does anyone have the slightest idea about the law on buying animals

thanx

S.C

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hi

kept it short just incase nobody was out there :)

i`m not the horsey expert in our relationship so dont expect too much on the technical side

we went to get a horse about three weeks ago now,let him settle in,got his feet done cos they were in a bad way and gave him his innoculations and then tried riding him,he`s lame.we have tried to take him back but the woman will have none of it,she wont re sell him for us untill we can tell her whats wrong

looking back over the communications i think we have been scammed,the rider who was spose to show him being ridden wasn`t there,she was in a hurry to get away etc

unless you have a better idea the situation as i see it is

pay a vet a fortune to find out the problem hoping he can find out what it is if he cant or cant say if its long standing do we have a leg to stand on ?

if he says its been a long standing problem do we have any rights there ?

she is a horse seller for a living by the looks of things,sells in horsemart we also paid a deposit if thats any help,i`ll have to get more info from the wife,hope this is enough to be going on with

S.C

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Was it an ad? Word of mouth? Description? What did you buy the horse for, racing, showing etc? Price paid in relation to age and breed, normal or too good a deal?

 

Generally speaking, you'll need to ascertain what it was you bought in comparison to what you expected, and whether you were misled in the way the horse was advertised/sold. You definitely need to find out whether she is a trader or a private seller, your rights are severely diminished if it's private.

 

Make sure you keep a copy of the ad, you'll need it.

 

Re lameness, could it be a new thing? Their first defence will be to say that this happened after you took the horse, I should think. How come your vet didn't spot it when he examined him?

 

I think you're going to have to get the vet out anyway to ascertain what is causing the lameness, in case it is something new anyway. I don't know much about horses, but wouldn't the lameness have been apparent before? (Trying to think all angles here). If the vet ascertains that the problem is a long-standing one then you should have been made aware of it and you should reclaim the vet fee from the seller anyway.

 

First, I'd suggest a letter to the seller first anyway just to make sure you have it all in writing, stating the facts, advising that following their refusal to deal with the matter after your phone call, you have no choice but to get the vet out for inspecting the horse and that you will be pursuing them for that cost as well as other costs resulting from it if the findings confirm the problem is an old one.

 

Bear in mind though that if she's a private seller, then your rights would be that the horse was "as described", so if they said "perfect runner" or whatever they say for horses, then you'd have a recourse, if they just said "lovely beast" then it would be your fault for not asking the right questions... :-(, as it is a "buyer beware" situtation.

 

If she's a dealer, then you are entitled to the usual satisfactory quality/fit for purpose/as described with the usual protection and recourses, (although I suspect repair might not be an option ;-))

 

Normal rules: all in writing, gather your evidence. :-)

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hi

after a sometimes heated exchange she`s offered £200 as a goodwill gesture or to exchange for a different horse, i think we are going for the replacement it`ll mean losing out on vets fees already paid and farriers bills not to mention the diesel i had to use getting there but the object is to get another horse and going down the get the horse x rayed etc route is going to cost more and could well be inconclusive.

has anyone got any ideas on a document that could be drawn up that she would have to sign that would cover us in the event of getting another donkey as someone put it earlier

i would imagine it would have to contain what we intended it to be used for etc

thanx

S.C

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I'm not sure what sort of contracts are normal for horses. I can only suggest you ask a top notch breeder/seller what they include in their contracts and try to duplicate it as far as possible. I do have a feeling that it's not totally out of the question for horses to be taken 'on approval' pending a vet exam, however, it's also not unusual for a buyer to organise that examination prior to the sale. This is at the buyer's expense just as a mechanical inspection would be if you were buying a car.

 

If you wanted to take the current situation further you would have to show that the horse already had the problem before it changed hands. Strangely repair can be an option with an animal - if the problem is treatable then you can agree to the seller paying the costs of treatment. I sell slightly smaller animals and send them off to new homes fully insured for a set period so I can only be liable for the excess and make it quite clear in my sales agreements that I will be more than happy to cover this if any problem can be traced back to me.

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