in her leg and it is an old injury, i tried to take her back to the people I bought her from and get my money back, but they were hostile and accused me og injuring the horse, and they said if I left her there they would just let her go. I have the soundness guatentee in writing, What should I do?
2007-03-20 17:43:20 · 11 answers · asked by Anonymous in Pets ➔ Other - Pets
I would get your vet to write a signed letter saying that it is an old injury and then speak with a lawyer
Unfortunatly I don't think the horse going back is a great idea as they sound irresponsible. Also maybe tlak to animal control or non emergency police and let them know the situation and what they said. An investigation into this farm may be a good idea.
2007-03-20 17:49:52 · answer #1 · answered by allyalexmch 6 · 3⤊ 1⤋
First of all, this is why it's important to vet check the horse before you purchase. But what's done is done. The important thing now is to settle this dispute. First, get the vet who looked at your horse to put into writing that the horse's injury is old and had to have occurred before your purchase. Then, get a second vet and see if they can back up this opinion. Then bring both written, signed statements to the owners. If they still are hostile, this is the time to speak with an attorney. Bring your lawyer both the signed vet statements and your contract with the owners stating the horse is guaranteed sound. I hope that contract was signed by the owners, if not, you may have some difficulty proving its authenticity. If you bring a lawyer into the mix, the original owners will probably back down and settle out of court. No one want to face the time and aggravation of a court battle. They may even acquiesce before you get a lawyer if you inform them that procuring an attorney is your next step.
2007-03-21 10:52:27 · answer #2 · answered by ap1188 5 · 0⤊ 0⤋
find out is your local small claims court will cover what you paid for the horse. ( small claims has a maximum amount that you can sue for ). Find out what the filing fee is too. some are as low as $10 others are $50 depending on where you live.
I would send the people you bought the horse from a Registered letter , stating that you vet has said its an old fracture and the horse is NOT sound , that you have their soundness guarenty in writing , and that you will give them two weeks to refund your money and collect the horse or you are filing in small claims court.
If you go to court get your vet to prepare a signed letter clearly stating his opinion on the injury. The court clerk can tell you if it needs to be notorized or what format you need it in .
2007-03-21 00:57:53 · answer #3 · answered by mark 6 · 0⤊ 0⤋
gaurentees are not always that great- rarely will they hold up in court.
Have the vet sign a document saying it is an old fracture- and see how long the previous owners had the horse- maybe the fracture was before they had her.
Also- you could bring this to court. The thing is, you should have had a pre-purchase exam before buying the horse. Once you buy it, it is your problem- even the gaurentee might not be enough for the courts.
We have been duped in the past as well, we bought this sweet TB that was very quiet from a girl who worked for our vet. She said he was sound and healthy and we believed her (since she worked for the vet). When I started riding him regularly he would start bucking. Clueless why, we got his legs x-rayed-- turns out he had shattered front legs (no bone was unfractured) and navicular. He could not live without pain, even on bute, so we put him down. Since we had him for 2 weeks before figuring this out- we paid out the losses (euthanizing) and swore to never buy another horse without a pre-purchase exam.
It wasn't the poor horses fault- probably better that we bought him to euthanize him, since his owner was just in it for the money and did not care about his comfort.
2007-03-21 00:53:10 · answer #4 · answered by D 7 · 0⤊ 0⤋
There is a "lemon law" with horses. If you're going to take legal action, start documenting things immediately. With some lameness issues a potential cause can be determined (such as bowed tendons are stress injuries, DSLD is often due to confirmation fault) and an idea of how old an injury is can sometimes be determined. (Often times it can't be.) Subtley, find out the names of any horse professionals who may have come in contact with the horse while it was in the care of the prior owner. Horse professionals are legally liable to reveal what they know when it comes to horses they have interactted with and when their professional opinion is being sought. I hope this helps. Any way you can stop payment on a check?
2007-03-21 01:07:20 · answer #5 · answered by VA Slim 2 · 1⤊ 0⤋
Well, you can call animal control, and tell them what they threatened to do if you returned the animal. That way it'll be documented if the horse "escapes" from them, and they can be charged. Even better, see if animal control will go with you to return the animal. That way the people will be a little less likely to "set it free". If they refuse to accept the horse and give you your money back, your best bet would be small claims court or a lawyer. You have the documentation from the vet saying it's an old injury, so they don't have a chance, let them be accusatory all they want.
2007-03-21 00:48:45 · answer #6 · answered by tikitiki 7 · 2⤊ 2⤋
Unfortunately you have learned a lesson "written guarantees aren't worth the paper their written on". In order to have any real chance of getting your money back you're going to have to take the seller to court, or bluff them into thinking you'll take them to court. Good Luck.
Hindsight says: have a veterinarian you trust examine a horse before you buy it (called a "prepurchase exam") and ask him/her to take xrays of the horses feet to uncover any hidden problems before you sign the check and take the horse.
2007-03-21 00:58:30 · answer #7 · answered by say910 2 · 2⤊ 0⤋
If you have the soundness and proof in writing take them to court and get your money back. And ask for all medical bills and room and board to be piad back as well. that's probably why they sold the horse make sure all your proof is fool proof.
Good luck . I hate people who scam others.
2007-03-21 17:06:39 · answer #8 · answered by joannaduplessis@sbcglobal.net 3 · 0⤊ 0⤋
You will probally need to contact a laywer and sue them. You should have gotten a prepurchase vet exam then you would have found the injury before you paid them and now you wouldn't be dealing with this.
2007-03-21 07:56:21 · answer #9 · answered by mandylmit 3 · 0⤊ 0⤋
go to the vet you got her checked out at get him to put it writing that she had a previous injury and show it to them and then go to the vet that they got her soundness check from and have himtell you his self that he has seen her and she is sound. what is the names of the people that sold you the horse i may know them
2007-03-21 00:51:32 · answer #10 · answered by none 3 · 2⤊ 1⤋