in need of some advice, bought a horse thru  a broker, horse was completely misrepresented when it arrived, under weight, two front shoes that were falling off, was suppose to be shoed the whole way around. and i did not recieve the transfer papers and still dont have them. On top oft that  the horse has a very chronic vice which was not disclosed by the seller. She  was completely aware as she admitted knonwing ..This .horse was bought in a different state. they have  offered to switch horses out with something different, has taken 6 weeks to get a updated pic and video and the horse is not even the same caliber as the one i purchased i bought a. 7 yr old  on the pattern vs a 3 year old not even on the pattern. now they are refusing to help with any of the shipping. or transportation to switch out. do i have any leg to stand on to pursue anything or it is tuff luck. 

 Did you sign a contract?  Did you try horse before buying?

Then you have no leg to stand on.  Unless they don’t supply the transfer papers, then you would have something to pursue in court.  What is the vice?

I think you ar screwed.  Chalk it up to lesson learned.

Keep the horse turned out as much as you can.  Weaving is a nervous response most of the time. 

is there a paper trail to fall back on?  if so I would take it all to a lawyer and see what they say... 

Never ever buy a living animal without touching your hands on it. 

This mindset of buying stuff without ever seeing it or touching it just baffles my mind.

Buyer beware.  Vet check, facetime video call, photos, videos, etc.

What state did the transaction occur?

If you don't have the transfer papers, that's a different issue but....

Who arranged shipping for your horse? You? The seller?

Since you "accepted" the horse when she arrived, depending on your state laws, that might constitute that you "accepted" the terms of the as-is horse sale.

What have they admitted in writing? What about regarding the switch in horses?

Ultimately it depends what they admitted to in writing. You bear the burden in court of PROVING that they PURPOSEFULLY decieved you. Sometimes, that's more expensive than it is worth to pursue. But that's up to you. If you are serious about it, I would at least consult with a lawyer that is versed with horse law.

you have to do your due diligence..................no matter what your buying........................sight unseen and no vet check?

Bless your heart. . . 

This happened to me years ago but I looked at the horse. A month later she was dead lame come to find an OCD cyst she did not tell me about. I sued her and won! If you have a screen shot of the ad and what was supposed to come and didn’t I would take them to court ASAP! I took my gal to small claims court. Don’t back down you have a platiform to stand on. I also got my money back and it hardly cost anything to go to court mostly just my time.

Also if you’re that mad about the deal I would pack that horse up and head to that sellers house! But I’ve been screwed lots of times. I’ve never bought a horse site unseen. I’m sure she was ecstatic you did that with all its issues. Don’t let yourself become the sucker. 

Depending on how much you paid you may be able to file a small claims suit.  Because they arranged delivery check with your local small claims court. They should have forms and instructions and you can file yourself and have the seller and broker served.  It's worth looking into.

Is it a nice horse, despite the weaving?  A horse can fatten up, and new shoes can be put on.  If the only problem is the weaving, I'd just worry about getting the transfer, and AQHA should be able to help you with that.  

Let me play the advocate here and tell the other side of this story, as I know this horse and the previous owner well.  Under Weight..No! ganted up maybe from the 100 degree 9 hour transport ride. There is a Photo that was taken right before mare got on the transport, as owner does with any horse he sells, so there is a pic of how she looked when she left the former owner's place & if I knew how to post the pic on this thread, I would. This horse was scheduled to be reshod the following day and a transport came available right away, whereby, buyer opted to get her on that transport rather than wait. This horse was not housed at a broker's, nor did the broker sell her thru Barrel Horse World. Any inquiries made on this horse were verbally told that she was a weaver, but had not weaved for quite a while, but still wanted potential buyer to know she had weaved in the past.  Buyer then said, Oh, I'm very familiar with Weaving, my Son's horse does it. The registration papers were sent with horse, which new owner received, but former owner forgot to include the transfer. He planned to mail them to her and only a couple days had passed, when she decided she wanted to trade her back for something else. So, he kept them, as he was going to take her back & swap for another. Please note that this Buyer has Never even taken the horse thru a Barrel Pattern. As soon as she started to weave again, which I really believe was triggered by her Son's Chronic Weaver, she didn't want her. Never rode her and still hasn't!  The reason the switch has drug out is because she kept changing her mind on whether she wanted to get rid of her, keep her or then if she wanted the well bred, very broke 3yo, she was offered and so on........And in Reality the 3yo is actually worth a couple thousand more than the 5,500 she paid for the mare, but the owner stands behind his horses and wants her to be satisfied. 

Compelling! Looks like there is def always two sides.

Oh Yikes.  This just got very interesting. 

As much as I hate dishonesty (assuming thats the case here), I also think we have to do our due diligence. Its happened to me. I bought a 4 year old with my dream breeding sight unseen. She supposedly had another interested party so I pay upfront. He was supposed to be 15.2, all ground work done, ready to get on. Round pens, saddles, etc etc.  I drove 12 hours...

He was 14.1, essentially unhandled. Had to run him into the trailer, he wouldnt go in barns, didnt tie, he barely led, didnt lunge, bucked like a son of a gun when i saddled him later on... I got pics, videos, he looked big lol... i didnt get videos of him saddling/lunging because she said she live alone and didnt have help... i believed her.

Lesson learned, i didnt pay much and I got my money back as he was a nice colt but very misleading.

Goes to show that there is always two sides to every story and the truth lies somewhere in the middle.  What some people view as thin is fat to another as well as what some consider broke with a really good handle some consider green broke.  

I think it is always best to make the drive and check them out with your own eyes.

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downngo - 2019-09-25 9:36 AM

Let me play the advocate here and tell the other side of this story, as I know this horse and the previous owner well.  Under Weight..No! ganted up maybe from the 100 degree 9 hour transport ride. There is a Photo that was taken right before mare got on the transport, as owner does with any horse he sells, so there is a pic of how she looked when she left the former owner's place & if I knew how to post the pic on this thread, I would. This horse was scheduled to be reshod the following day and a transport came available right away, whereby, buyer opted to get her on that transport rather than wait. This horse was not housed at a broker's, nor did the broker sell her thru Barrel Horse World. Any inquiries made on this horse were verbally told that she was a weaver, but had not weaved for quite a while, but still wanted potential buyer to know she had weaved in the past.  Buyer then said, Oh, I'm very familiar with Weaving, my Son's horse does it. The registration papers were sent with horse, which new owner received, but former owner forgot to include the transfer. He planned to mail them to her and only a couple days had passed, when she decided she wanted to trade her back for something else. So, he kept them, as he was going to take her back & swap for another. Please note that this Buyer has Never even taken the horse thru a Barrel Pattern. As soon as she started to weave again, which I really believe was triggered by her Son's Chronic Weaver, she didn't want her. Never rode her and still hasn't!  The reason the switch has drug out is because she kept changing her mind on whether she wanted to get rid of her, keep her or then if she wanted the well bred, very broke 3yo, she was offered and so on........And in Reality the 3yo is actually worth a couple thousand more than the 5,500 she paid for the mare, but the owner stands behind his horses and wants her to be satisfied. 

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Wow. Always interesting to hear what is on the other side of the fence!

Wish the OP would come back on. . .