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| I just saw a horse advertised on here that we went and looked at vetted the horse and it failed, it then had surgery and now is re-advertised with NOTHING being put in ad. Once you have knowledge of something you are supposed to DISCLOSE!!! |
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The Advice Guru
Posts: 6419
 
| I always thought it was buyer beware. The seller didn't have to disclose anything.
Also if the problem was corrected by surgery, then the horse should not have the same problem, so why would they need to disclose that in the ad? |
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| Because the problem isn't that simple...the surgery was a fix, it wasn't 100% fix, the problem can re-occur, that is why we chose not to purchase. Also if it was that SIMPLE why NOT disclose in the ad, that hey there was a problem, I fixed it.
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  Warmblood with Wings
Posts: 27846
  
Location: Florida.. | And how do you know the sellers wont disclose it when a perspective buyer comes and is interested enough to vet doesnt need to be put in ad. |
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 Damn Yankee
Posts: 12390
Location: Somewhere between raising hell and Amazing Grace | Bibliafarm - 2014-02-26 8:43 PM And how do you know the sellers wont disclose it when a perspective buyer comes and is interested enough to vet doesnt need to be put in ad.
Exactly. You don't have the right to judge anyone. For all you know the seller is in fact disclosing it privately.
Try buying a house once :) |
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Miss Not Exciting
Posts: 3279
Location: Ft Worth TX | Bibliafarm - 2014-02-26 6:43 PM
And how do you know the sellers wont disclose it when a perspective buyer comes and is interested enough to vet doesnt need to be put in ad.
On a case by case basis some things you disclose upon inquiry some things you disclose in the ad... |
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 A Somebody to Everybody
Posts: 41354
Location: Under The Big Sky Of Texas | My only vent about ads is when the seller puts the pictures in upsidedown and side ways, my neck is all messed up and I cant stand on my head to see the ads. Dang I hate that when that happens about the pictures  |
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Damn Yankee
Posts: 12390
Location: Somewhere between raising hell and Amazing Grace | Southtxponygirl - 2014-02-26 8:57 PM My only vent about ads is when the seller puts the pictures in upsidedown and side ways, my neck is all messed up and I cant stand on my head to see the ads. Dang I hate that when that happens about the pictures
Don't forget about the ones where someone is standing up on the horses back..... |
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 Neat Freak
Posts: 11216
Location: Wonderful Wyoming | Why are we jumping on her for expecting someone to be honest? Most of the times it is wishful thinking, but hey, I wouldn't get mad at the OP. I have a gelding that would be impossible to sell if I put everything about him in the ad. When someone contacts me about him, I tell them everything I know about him. His good and bad. If you start off an ad by saying, well he's really short and not very fast ect. you'll scare everyone off. I'm not selling him as a barrel horse so why would I start off by saying all that? |
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Warmblood with Wings
Posts: 27846
Location: Florida.. | Whoop Z Day Z - 2014-02-26 8:49 PM Bibliafarm - 2014-02-26 6:43 PM And how do you know the sellers wont disclose it when a perspective buyer comes and is interested enough to vet doesnt need to be put in ad. On a case by case basis some things you disclose upon inquiry some things you disclose in the ad...
if it required surgery it may be to many words to put in a explanation in a ad.. |
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Damn Yankee
Posts: 12390
Location: Somewhere between raising hell and Amazing Grace | wyoming barrel racer - 2014-02-26 9:03 PM Why are we jumping on her for expecting someone to be honest? Most of the times it is wishful thinking, but hey, I wouldn't get mad at the OP. I have a gelding that would be impossible to sell if I put everything about him in the ad. When someone contacts me about him, I tell them everything I know about him. His good and bad. If you start off an ad by saying, well he's really short and not very fast ect. you'll scare everyone off. I'm not selling him as a barrel horse so why would I start off by saying all that?
I wasn't jumping on her. I was letting her know not to judge the seller by the ad because she doesn't know how she is disclosing anything via email. And my house comment was about the lack of disclosure in house buying that is way worse sometimes then horse buying |
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A Somebody to Everybody
Posts: 41354
Location: Under The Big Sky Of Texas | missroselee - 2014-02-26 8:00 PM Southtxponygirl - 2014-02-26 8:57 PM My only vent about ads is when the seller puts the pictures in upsidedown and side ways, my neck is all messed up and I cant stand on my head to see the ads. Dang I hate that when that happens about the pictures
Oh yea I forgot Ha ha ha ha .....  |
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Warmblood with Wings
Posts: 27846
Location: Florida.. | missroselee - 2014-02-26 9:04 PM wyoming barrel racer - 2014-02-26 9:03 PM Why are we jumping on her for expecting someone to be honest? Most of the times it is wishful thinking, but hey, I wouldn't get mad at the OP. I have a gelding that would be impossible to sell if I put everything about him in the ad. When someone contacts me about him, I tell them everything I know about him. His good and bad. If you start off an ad by saying, well he's really short and not very fast ect. you'll scare everyone off. I'm not selling him as a barrel horse so why would I start off by saying all that? I wasn't jumping on her. I was letting her know not to judge the seller by the ad because she doesn't know how she is disclosing anything via email. And my house comment was about the lack of disclosure in house buying that is way worse sometimes then horse buying
isnt that the truth.. Im in process of buying a new farm and the couple selling are in a nasty divorce .. the acreage on back and to left of the place belongs to wife. we settled and went to final contract and they had pen printed in wife has easeway rights to my driveway.. I about flipped and bailed..so many crooks and its realtors job to do the research before hand.
but agree .. sellers of horse probrably will disclose it all when talked to..or may not.. but i wouldnt be quick to judge them yet.
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A Somebody to Everybody
Posts: 41354
Location: Under The Big Sky Of Texas | Hey now no one is jumping on any body, heck I'm the one that gets the dislike, darn them disliking jerks  I have been wanting to use this fella and now is the time, here's to you disliker  |
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Damn Yankee
Posts: 12390
Location: Somewhere between raising hell and Amazing Grace | Bibliafarm - 2014-02-26 9:11 PM missroselee - 2014-02-26 9:04 PM wyoming barrel racer - 2014-02-26 9:03 PM Why are we jumping on her for expecting someone to be honest? Most of the times it is wishful thinking, but hey, I wouldn't get mad at the OP. I have a gelding that would be impossible to sell if I put everything about him in the ad. When someone contacts me about him, I tell them everything I know about him. His good and bad. If you start off an ad by saying, well he's really short and not very fast ect. you'll scare everyone off. I'm not selling him as a barrel horse so why would I start off by saying all that? I wasn't jumping on her. I was letting her know not to judge the seller by the ad because she doesn't know how she is disclosing anything via email. And my house comment was about the lack of disclosure in house buying that is way worse sometimes then horse buying
but agree .. sellers of horse probrably will disclose it all when talked to..or may not.. but i wouldnt be quick to judge them yet.
We were lied to about mold and previous water damage, but thankfully it was not a huge issue for us to fix. |
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Neat Freak
Posts: 11216
Location: Wonderful Wyoming | I wasn't the disliker. I actually hate that button lol. I'm just saying, what the OP is venting about is more than reasonable. I have seen similar things but usually they are outright lying. Like having a prospective broodmare checked out by a vet and told she is full of cysts or has a uterine tear and then seeing her advertised (new ad mind you) as breeding sound after we decline buying her. |
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 I Prefer to Live in Fantasy Land
Posts: 64864
Location: In the Hills of Texas | Southtxponygirl - 2014-02-26 8:12 PM Hey now no one is jumping on any body, heck I'm the one that gets the dislike, darn them disliking jerks I have been wanting to use this fella and now is the time, here's to you disliker
Maybe the disliker, disliked your post about upside down pictures because that is how they get their exercise..LOL |
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Damn Yankee
Posts: 12390
Location: Somewhere between raising hell and Amazing Grace | wyoming barrel racer - 2014-02-26 9:16 PM I wasn't the disliker. I actually hate that button lol. I'm just saying, what the OP is venting about is more than reasonable. I have seen similar things but usually they are outright lying. Like having a prospective broodmare checked out by a vet and told she is full of cysts or has a uterine tear and then seeing her advertised (new ad mind you) as breeding sound after we decline buying her.
That's a whole other problem for sure! The fact that the ad itself was telling a blatant lie. I'm ok with some information not being disclosed in the ad, as long as it's disclosed when I ask for it. But to have someone outright lie in an ad is horrible. |
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I Prefer to Live in Fantasy Land
Posts: 64864
Location: In the Hills of Texas | Bibliafarm - 2014-02-26 8:11 PM missroselee - 2014-02-26 9:04 PM wyoming barrel racer - 2014-02-26 9:03 PM Why are we jumping on her for expecting someone to be honest? Most of the times it is wishful thinking, but hey, I wouldn't get mad at the OP. I have a gelding that would be impossible to sell if I put everything about him in the ad. When someone contacts me about him, I tell them everything I know about him. His good and bad. If you start off an ad by saying, well he's really short and not very fast ect. you'll scare everyone off. I'm not selling him as a barrel horse so why would I start off by saying all that? I wasn't jumping on her. I was letting her know not to judge the seller by the ad because she doesn't know how she is disclosing anything via email. And my house comment was about the lack of disclosure in house buying that is way worse sometimes then horse buying
but agree .. sellers of horse probrably will disclose it all when talked to..or may not.. but i wouldnt be quick to judge them yet.
Bibs...I was wondering when country living would call you back from living in the city jungle! LOL
Congrats and hope you love your new place and have found a home you won't want to leave. 
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A Somebody to Everybody
Posts: 41354
Location: Under The Big Sky Of Texas | wyoming barrel racer - 2014-02-26 8:16 PM I wasn't the disliker. I actually hate that button lol. I'm just saying, what the OP is venting about is more than reasonable. I have seen similar things but usually they are outright lying. Like having a prospective broodmare checked out by a vet and told she is full of cysts or has a uterine tear and then seeing her advertised (new ad mind you) as breeding sound after we decline buying her.
On I know it was'nt you  |
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Damn Yankee
Posts: 12390
Location: Somewhere between raising hell and Amazing Grace | Southtxponygirl - 2014-02-26 9:18 PM wyoming barrel racer - 2014-02-26 8:16 PM I wasn't the disliker. I actually hate that button lol. I'm just saying, what the OP is venting about is more than reasonable. I have seen similar things but usually they are outright lying. Like having a prospective broodmare checked out by a vet and told she is full of cysts or has a uterine tear and then seeing her advertised (new ad mind you) as breeding sound after we decline buying her. On I know it was'nt you
It was me. Because I could..... |
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A Somebody to Everybody
Posts: 41354
Location: Under The Big Sky Of Texas | missroselee - 2014-02-26 8:19 PM Southtxponygirl - 2014-02-26 9:18 PM wyoming barrel racer - 2014-02-26 8:16 PM I wasn't the disliker. I actually hate that button lol. I'm just saying, what the OP is venting about is more than reasonable. I have seen similar things but usually they are outright lying. Like having a prospective broodmare checked out by a vet and told she is full of cysts or has a uterine tear and then seeing her advertised (new ad mind you) as breeding sound after we decline buying her. On I know it was'nt you
Come here you so I can do this Ha ha ha ha ha ha |
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| It was a pretty involved sale/sale fall thru....it is a feeling I have about the seller that they will NOT disclose, because if we hadn't been knowledgable buyers' the problem would have been missed. |
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Damn Yankee
Posts: 12390
Location: Somewhere between raising hell and Amazing Grace | MISSBENBAR - 2014-02-26 9:21 PM It was a pretty involved sale/sale fall thru....it is a feeling I have about the seller that they will NOT disclose, because if we hadn't been knowledgable buyers' the problem would have been missed.
Well, let's pray they either do disclose, or that potential buyers are smart enough to do their homework. I know it will continue to bother you but sometimes there just isn't a whole to be done about it. I appreciate that you do care though |
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A Somebody to Everybody
Posts: 41354
Location: Under The Big Sky Of Texas | Nevertooold - 2014-02-26 8:16 PM Southtxponygirl - 2014-02-26 8:12 PM Hey now no one is jumping on any body, heck I'm the one that gets the dislike, darn them disliking jerks I have been wanting to use this fella and now is the time, here's to you disliker
Hummm I wonder if they can type while standing on their heads too.. now that would be a cool trick. I dont hate the upsidedowners its just really hard on my neck to look at their pictures, really I love the upsidedowners  See, look at what I can do |
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| missroselee - 2014-02-26 8:23 PM MISSBENBAR - 2014-02-26 9:21 PM It was a pretty involved sale/sale fall thru....it is a feeling I have about the seller that they will NOT disclose, because if we hadn't been knowledgable buyers' the problem would have been missed. Well, let's pray they either do disclose, or that potential buyers are smart enough to do their homework. I know it will continue to bother you but sometimes there just isn't a whole to be done about it. I appreciate that you do care though
Thank YOU!!
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 Shelter Dog Lover
Posts: 10277
| I sold a 3 year old filly that had check ligament surgery and had a blown vein from treatment for an abscess on her hip. I didn't put it in her add or disclose to every caller but did release records to anyone who wanted to look at her before they spent time or $$ to come see her. Sold her in 2 weeks. |
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 Night Watchman
Posts: 5516
Location: Central Montana | I judge. There are a lot of dishonest people out there and frankly I'm sick and tired of it. It should not be "buyer beware" even though that s the world we live in these days.
I put EVERYTHING, EVERYTHING in my ads. That way a person can decide if they are interested or not. TThey don't have to inquire just to find out there is an issue they don't want to deal with. They aren't wasting my time and I'm not wasting theirs.
I don't sell often and I expect the buyer to know 100% what they are getting. I then also have it in writing in a public ad as proof of disclosure.
Edited by GoinJettin 2014-02-26 8:37 PM
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Warmblood with Wings
Posts: 27846
Location: Florida.. | Nevertooold - 2014-02-26 9:18 PM Bibliafarm - 2014-02-26 8:11 PM missroselee - 2014-02-26 9:04 PM wyoming barrel racer - 2014-02-26 9:03 PM Why are we jumping on her for expecting someone to be honest? Most of the times it is wishful thinking, but hey, I wouldn't get mad at the OP. I have a gelding that would be impossible to sell if I put everything about him in the ad. When someone contacts me about him, I tell them everything I know about him. His good and bad. If you start off an ad by saying, well he's really short and not very fast ect. you'll scare everyone off. I'm not selling him as a barrel horse so why would I start off by saying all that? I wasn't jumping on her. I was letting her know not to judge the seller by the ad because she doesn't know how she is disclosing anything via email. And my house comment was about the lack of disclosure in house buying that is way worse sometimes then horse buying
but agree .. sellers of horse probrably will disclose it all when talked to..or may not.. but i wouldnt be quick to judge them yet.
Congrats and hope you love your new place and have found a home you won't want to leave.
Edited by Bibliafarm 2014-02-26 8:38 PM
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Damn Yankee
Posts: 12390
Location: Somewhere between raising hell and Amazing Grace | GoinJettin - 2014-02-26 9:35 PM I judge. There are a lot of dishonest people out there and frankly I'm sick and tired of it. It should not be "buyer beware" even though that s the world we live in these days. I put EVERYTHING, EVERYTHING in my ads. That way a person can decide if they are interested or not. They don't have to inquire just to find out there is an issue they don't want to deal with. I don't sell often and I expect the buyer to know 100% what they are getting. I then also have it in writing in a public ad as proof of disclosure.
I like that. And I have done the same the few times I have advertised. Probably the reason I never sell anything. I scare people off because I worry so much about stressing the negatives so that they know what they are getting. Last ad I put on here I stated the horse was a diagnosed bleeder even though he did not have to be on lasix to run, just maintained. Never did sell him. He's 9 this year and I'm pretty sure he's just going to stay forever. |
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I Prefer to Live in Fantasy Land
Posts: 64864
Location: In the Hills of Texas | MISSBENBAR - 2014-02-26 7:34 PM I just saw a horse advertised on here that we went and looked at vetted the horse and it failed, it then had surgery and now is re-advertised with NOTHING being put in ad. Once you have knowledge of something you are supposed to DISCLOSE!!!
Ethics and honesty seem to be a thing of the past. Look how much our President lies and most people just accept it and shrug their shoulders. Really drives me nuts when someone gets screwed that has money and the reaction is.."Oh well...they can afford it," |
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A Somebody to Everybody
Posts: 41354
Location: Under The Big Sky Of Texas | Nevertooold - 2014-02-26 8:44 PM MISSBENBAR - 2014-02-26 7:34 PM I just saw a horse advertised on here that we went and looked at vetted the horse and it failed, it then had surgery and now is re-advertised with NOTHING being put in ad. Once you have knowledge of something you are supposed to DISCLOSE!!! Ethics and honesty seem to be a thing of the past. Look how much our President lies and most people just accept it and shrug their shoulders. Really drives me nuts when someone gets screwed that has money and the reaction is.."Oh well...they can afford it,"
Boy this is so darn true and sad  |
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 Extreme Veteran
Posts: 357
| I have been in this same position. We sold a mare that we were lied to about when we purchased her. We bought without looking at her which we will do alot.I have seen her ad on here a few times and just really wish someone would just be honest about her. She was sound as far as I know but not mentally. Bad part is our name is the last one on her papers so we always get calls. We have now lost track of her and wonder where she is and hope she got in right hands. I spend a lot of time on her.
Anyways I know exactly what you are talking about |
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 Undercover Amish Mafia Member
Posts: 9991
Location: Kansas | cheryl makofka - 2014-02-26 7:39 PM I always thought it was buyer beware. The seller didn't have to disclose anything. Also if the problem was corrected by surgery, then the horse should not have the same problem, so why would they need to disclose that in the ad?
I agree.....and then I disagree.
I had my blue roan mare for sale, listed her as sound and broke. She is broke as all get out, nice looking big hipped mare with a good set of papers on her. She moved and acted sound, never took a lame step....I had multiple parties interested in her.....had the farrier out, and she has laminitis.
After I found that out, I emailed all those people disclosing of this information and told them I was unaware of this issue until last night (which is the god honest truth) and that I will be pulling her off the market because I refuse, and mean REFUSE to sell a horse that is lame. I just can't, It's against my morals to do something like that. Now she will be my broodmare.
I would expect the same honesty from a seller, even if it was an unexpected event...just show me a text/call or even an email letting me know what's going on (if I was going to buy the horse) and maybe see if something can be worked out, or if the horse will come back from it.
Just my 2 cents. |
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 Veteran
Posts: 224
Location: Southern OK aka God's Country | Just a word to the wise. .
"Buyer beware" is not a solid defense, because most of the time, a case is not black and white. If a buyer has informed you that they are purchasing a horse for a particular purpose, and it turns out that the horse will not work for that purpose because of some condition that you were aware of and did not disclose (and in some states, even if you did not know, but should have known), then they have cause to sue you for fraud and misrepresentation. And even if you come out ahead in the suit, you are still going to pay a lot of legal and court fees, usually in the thousands of dollars. And your horse's vet records will be subpoenaed and all the messy business that you knew will be on full display for a jury of people who know nothing about horses, only that you were aware that your horse was a hot mess and you sold it to poor so-and-so and laughed all the way to the bank.
So, as a seller, I would consider everything that you would want to know if YOU were buying this horse for the purpose that you are buying it, and be as honest with potential buyers as you would expect from them. And put it in writing. |
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 Reaching for the stars....
Posts: 12704
| I sold a mare last year that needed a small surgery. It was in her ad. I got very little response on it, even tho it wasn't any kind of soundness issue. She's a solid 2D mare with a fantastic set of papers, doing great with her new owner, who got her for a song because she knew a vet that would do the surgery quick and easy and that it was a nbd issue, except if you wanted to breed her in 2014. But I can tell you that if I ever have another horse that needs anything not having to do with soundness, I will prob not put it in the ad. |
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 Shipwrecked and Flat Out Zapped
Posts: 16390
Location: DUMPING CATS AND PIGS IN TEXAS :) | missroselee - 2014-02-26 8:00 PM Southtxponygirl - 2014-02-26 8:57 PM My only vent about ads is when the seller puts the pictures in upsidedown and side ways, my neck is all messed up and I cant stand on my head to see the ads. Dang I hate that when that happens about the pictures
YES!!! STANDING ON THE BACK.......eeessshhhhh.... |
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 Accident Prone
Posts: 22277
Location: 100 miles from Nowhere, AR | lonely va barrelxr - 2014-02-27 9:40 AM I sold a mare last year that needed a small surgery. It was in her ad. I got very little response on it, even tho it wasn't any kind of soundness issue. She's a solid 2D mare with a fantastic set of papers, doing great with her new owner, who got her for a song because she knew a vet that would do the surgery quick and easy and that it was a nbd issue, except if you wanted to breed her in 2014. But I can tell you that if I ever have another horse that needs anything not having to do with soundness, I will prob not put it in the ad.
People's imaginations are usually way worse than reality. I blame it on those who lie or downplay issues. |
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 Forever Young
Posts: 6768
Location: relocated to Texas | MISSBENBAR - 2014-02-27 7:21 PM It was a pretty involved sale/sale fall thru....it is a feeling I have about the seller that they will NOT disclose, because if we hadn't been knowledgable buyers' the problem would have been missed.
Just be glad you dodged the bullet. Hopefully any future buyers will be knowledgeable too. It's naive to think that most people are going to be totally honest about ANYTHING they sell. Horses are a gamble, even if you buy from someone that is totally honest, there may be things that they just don't know about. One of the last horses I sold had an abnormality in his foot that may or may not cause problems in the future. I had no clue it was there as I had never had his foot xrayed. She still wanted to buy him and I made an adjustment on the price because of a potential future problem.
The best advice I would give to someone buying a horse is to know the reputation of the person you are buying it from. Especially with the internet today, its not that difficult to find out. If a person has a good reputation for being honest, chances are you will not get burned buying a horse from them
For the OP: This is not your problem so don't let it bother you so much. I am sure you have your own issues to worry about, don't waste your energy here. |
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 She thinks a tractors sexy...
Posts: 3168
Location: Texas | GoinJettin - 2014-02-26 8:35 PM I judge. There are a lot of dishonest people out there and frankly I'm sick and tired of it. It should not be "buyer beware" even though that s the world we live in these days.
I put EVERYTHING, EVERYTHING in my ads. That way a person can decide if they are interested or not. TThey don't have to inquire just to find out there is an issue they don't want to deal with. They aren't wasting my time and I'm not wasting theirs.
I don't sell often and I expect the buyer to know 100% what they are getting. I then also have it in writing in a public ad as proof of disclosure.
I agree. I bought a little mare for my daughter. Only spent about $1500 and from a friend of a friend, so didn't vet check (my fault, I take the blame here). Didn't know she was navicular. Would not have stopped me from buying her, but it did mean we used her while and she was hurting. The little mare worked for a while, but then started having alley way issues and caused some riding confidence issues for my daughter. Took her to vet, found the problem, and treated it. Unfortunately, my daughter didn't want to ride her or do anything with her. I just sold her. I was above honest and told everything including all vet reports. Had a lot of people pass up a really nice starter mare, but found the right home. They love her to death and know they need to help her with her navicular. She is not bad. Keep her shod, inject or previcox, and she is good to go.
I just couldn't sell her to someone not knowing. The mare would have been hurting and so would the rider. |
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Rad Dork
Posts: 5218
Location: Oklahoma | SoonerLawyer - 2014-02-27 8:06 AM Just a word to the wise. . "Buyer beware" is not a solid defense, because most of the time, a case is not black and white. If a buyer has informed you that they are purchasing a horse for a particular purpose, and it turns out that the horse will not work for that purpose because of some condition that you were aware of and did not disclose (and in some states, even if you did not know, but should have known), then they have cause to sue you for fraud and misrepresentation. And even if you come out ahead in the suit, you are still going to pay a lot of legal and court fees, usually in the thousands of dollars. And your horse's vet records will be subpoenaed and all the messy business that you knew will be on full display for a jury of people who know nothing about horses, only that you were aware that your horse was a hot mess and you sold it to poor so-and-so and laughed all the way to the bank. So, as a seller, I would consider everything that you would want to know if YOU were buying this horse for the purpose that you are buying it, and be as honest with potential buyers as you would expect from them. And put it in writing.
Is this the case in Ok?
I think my aunt (who is an attorney) had a case once of a girl who bought a barrel horse (I can't remember if it was in Texas or Oklahoma) and I don't know if she did a vet check and something "didn't show up" (maybe the vet was paid off?) or the previous owner didn't disclose the information but the horse had serious problems and I don't think they just occured overnight.... I'm not sure what happened or how it ended up... just curious about Ok laws.
I HATE being on the market for a new horse...and now that I'm doing it on my own (not my parents making the final decisions) it's even more nerve wrecking! |
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Veteran
Posts: 224
Location: Southern OK aka God's Country | Longneck - 2014-02-27 11:40 AM
SoonerLawyer - 2014-02-27 8:06 AM Just a word to the wise. . "Buyer beware" is not a solid defense, because most of the time, a case is not black and white. If a buyer has informed you that they are purchasing a horse for a particular purpose, and it turns out that the horse will not work for that purpose because of some condition that you were aware of and did not disclose (and in some states, even if you did not know, but should have known), then they have cause to sue you for fraud and misrepresentation. And even if you come out ahead in the suit, you are still going to pay a lot of legal and court fees, usually in the thousands of dollars. And your horse's vet records will be subpoenaed and all the messy business that you knew will be on full display for a jury of people who know nothing about horses, only that you were aware that your horse was a hot mess and you sold it to poor so-and-so and laughed all the way to the bank. So, as a seller, I would consider everything that you would want to know if YOU were buying this horse for the purpose that you are buying it, and be as honest with potential buyers as you would expect from them. And put it in writing.
Is this the case in Ok?
I think my aunt (who is an attorney) had a case once of a girl who bought a barrel horse (I can't remember if it was in Texas or Oklahoma) and I don't know if she did a vet check and something "didn't show up" (maybe the vet was paid off?) or the previous owner didn't disclose the information but the horse had serious problems and I don't think they just occured overnight.... I'm not sure what happened or how it ended up... just curious about Ok laws.
I HATE being on the market for a new horse...and now that I'm doing it on my own (not my parents making the final decisions) it's even more nerve wrecking!
There's not technically a "law" in Oklahoma or any state that governs the sale of horses, it's really just a basic breach of contract/fraud/misrepresentation claim that could cover any type of transaction. Where the "law" comes into play is the precedent that has been set by the courts in dealing with these particular fraud cases, the facts of the cases and how they fell out. Without doing some research, I am not sure what precedent Oklahoma courts have followed with regard to whether the seller should have known of defects, but I think the majority of courts are hesitant to impose that stringent of a duty on a seller (I don't remember what state those cases were in, but it seems like it was a race horse case). More than likely, unless you blatantly knew and/or actively covered up an issue, and the buyer purchased the horse based on those misrepresentations, you are probably not going to be held liable because the bulk of the duty to investigate is placed on the buyer. That being said, given the right judge, the right jurors, and the right attorneys, it's really a crapshoot in the legal system. And in the end, you will be out a lot of money. The point here is don't put yourself in the position to be sued, because once you are, you have no choice but to hire an attorney to get you out of the mess.
Here is a useful link for anyone who wants to fall asleep at night: http://www.equinelegalsolutions.com/legallandscapeofhorsesales.html
And I'm going to try to attach a pdf, hopefully it will work. If it's not there, it didn't work.
Attachments
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 article_mmeuser01[2].pdf (15KB - 226 downloads)
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Member
Posts: 18
| I once saw an add on Craigslist "One Eyed QH W/ Gimpy Leg, But Perfect Riding Horse!!"
Almost Completely Honest lol
Edited by Gocowgirl7 2014-02-27 1:09 PM
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 Always Off Topic
Posts: 6382
Location: ND | more folks should read Ben Green.......myabe they would understand how to get more enjoyment out of things.... |
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