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 Elite Veteran
Posts: 972
       Location: Texas! | BARRELHORSE USA - 2014-01-21 6:37 PM Evidently the PPE was going to cost more than you paid for the horse. It is like people buying outlaw horses or no papered horses at local sales at giveaway prices and then complaining about horse tearing down the barn ... or trying to find breeder to register horse ... you bought what you paid for!! All of us have enough problems with farriers working on sound horses ... yet you go trim and then do corrective shoeing on one you already knew had sore "soles" ... and then go to the vet ... not the best decision IMO... I personally will guarantee anything that leaves my barn per the description I have told a buyer ... a month later ... NO ... I have no idea if buyer foundered the horse or has a crappy farrier or other things that could have happened to the horse... and I can brag that I have never had an unhappy buyer!!! **************************************************************** This reminds me of an ex-friend of mine . I had found a 1980 one owner garaged all of its life in AZ Corvette with 84,000 legit miles on it that had been for sale awhile and asked him to go take a look at it and get back to me since he was in AZ and I am in Tx/Ok. I was talking to seller on the phone previously. He calls me excited about the vette while looking at it ... I had him hand seller the phone and made a low ball offer since I was going to have to ship it and I do not believe friends about exciting deals ... lol .. Seller took my offer ... and agreed on bank transfer ... my friend said he would just write a check and I could pay him ... and I said OK ... ... Friend apparently told seller he had just been screwed etc etc and he would be right back with a driver for the vette. Owner pulled all the repair history, original purchase papers, manuals, sticker etc out of the car unknowingly to my friend .... When friend gets vette to his house he calls me and tells me he likes it and is going to keep the car for me not to send him any money .. Then a week later he realizes all the history on the car is missing and owner sez it did not come with the car at that price and it would cost him $2000 for the papers ... lol NOW IT IS MY FAULT he has a vette with no history on it which would double the value of the car ... and it needs a $700 vacuum module on the transmission .... STILL MY FAULT ... lol ... Seller and I have talked and he is willing to give me the papers for free if I end up with the vette ... he is still psst at my friends attitude ..... sorry to say that is not going to happen because my ex-friend deserves to rot in "L" ... lol Prices on horses are like cars ... you get what you pay for, I know I bore people to death .. because I will tell you more about the horse than you ever wanted to know about anything ... lol...
WOW that sounds like a terrible friend! And I agree they can keep the dang car with no papers! hah what a jerk! |
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Extreme Veteran
Posts: 333
   
| nquinn - 2014-01-21 7:56 PM
Any way you could contact the "bad review vets" to see if maybe someone already had her ppe there, and the filly failed. Worth a shot.
Maybe vets are also bound by confidentiality laws? Anyone know? |
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  Northern Chocolate Queen
Posts: 16576
        Location: ND | nquinn - 2014-01-21 6:56 PM Any way you could contact the "bad review vets" to see if maybe someone already had her ppe there, and the filly failed. Worth a shot.
When I talked with my vet about PPE's he flat told me that he cannot reveal ANY info to anybody but the person paying for the exam. Without signed paperwork he cannot even show the results to the owner of the horse. |
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Extreme Veteran
Posts: 333
   
| Sounds about right...I couldn't even find out electric bill usage on a house we bought that used electric heat ! |
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 Expert
Posts: 1367
      Location: mi | I would guess you have no legal leg to stand on but courts are funny now. If you have the time might be worth a trip to small claims. BUT if this is the breeder of this filly it would be a shame for you to post all over the internet about this very nice 2 year old filly you own that is by stallion A and Dam B that has all of these highly hereditary issues. Bad press on the internet can really hurt a business. |
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 Elite Veteran
Posts: 928
      Location: Northern CA | So here is hypothetical question.... what if I had done the prepurchase and did not take front foot films per the vet's suggestion? Everything else was fine, and 2 days later the filly was indeed in the same condition she is now? |
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 Veteran
Posts: 133
 
| Maybe the seller had films made at some of the vets she didn't get along with? That would one way to prove she knew before she sold. |
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 Veteran
Posts: 133
 
| SaraJean - 2014-01-21 6:20 PM nquinn - 2014-01-21 6:56 PM Any way you could contact the "bad review vets" to see if maybe someone already had her ppe there, and the filly failed. Worth a shot. When I talked with my vet about PPE's he flat told me that he cannot reveal ANY info to anybody but the person paying for the exam. Without signed paperwork he cannot even show the results to the owner of the horse.
If you sued in small claims that would allow you to have subpoenas issued and then you could look. You could always sue under your state's consumer protection laws. I've done that based on representations alone even if they said "as is" - you can sell something "as is" but don't be making statements that "as is" is sound and healthy. |
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 "Drank the Kool Aid"
Posts: 5496
        Location: Iowa, LA | halter_ego - 2014-01-21 9:24 PM So here is hypothetical question.... what if I had done the prepurchase and did not take front foot films per the vet's suggestion? Everything else was fine, and 2 days later the filly was indeed in the same condition she is now?
It would be the same as my gelding who has PSSM. I knew full well that I was taking a chance by not testing him for it during prepurchase! But I figured how lucky could I be that I'd have found TWO horses with this supposedly uncommon PSSM?!? LOL Guess what?!? He had it. That's the way it is with horses. It's always a chance you take that there could be something the vets didn't find or couldn't see. The way I view a prepurchase expense is this: you can spend a little up front or you can lose a lot in the end. Either way it cost the same to feed a broke horse as it does a winner. And if you can prevent yourself from the heartache and stress of dealing with health issues, why not?!? |
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  Northern Chocolate Queen
Posts: 16576
        Location: ND | halter_ego - 2014-01-21 8:24 PM So here is hypothetical question.... what if I had done the prepurchase and did not take front foot films per the vet's suggestion? Everything else was fine, and 2 days later the filly was indeed in the same condition she is now?
I would say you'd be in the same spot you are now. If you would have done the PPE and the vet suggested not to do the feet you could have still said you wanted them done. You're the paying customer. |
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Elite Veteran
Posts: 1034
 
| halter_ego - 2014-01-21 2:49 PM
Β Long story, I will try to make it short. Bought a coming 2 year old, one month ago.Β Specifically asked seller if horse had any type of previous injury or illness, was told only brusied soles when trimmed several months prior.Β Watched horse move in round pen, sound, walking on concrete sound, could not lunge on hard ground because of snow and ice.Β Discussed pre-purchase, seller stated there was only one vet she could recommend in that area, when I asked about others, she said she had bad experiences with them. Called the suggested vet, talked to her about pre-purchase, she stated she would like to do hock, stifle, and "shoulder" films for OCD.Β Shoulder? Really?Β Said she saw no point in doing front feet on one not yet 2.Β Decided against pre-purchase because of lowish purchase price and other emergency on my part, and really trusting these folks.Β Bought the filly, brought her home, next day she is off.Β Her feet were horrible, so ended up trimming her, still off.Β Contacted buyer, asked if she had any ideas, not really.Β Wrapped feet, put front shoes on, etc, etc.Β No changes.Β Took her to the vet yesterday, he said she has the coffin bones of a 16 year old, severe remodeling, spurs,the beginning of side bone, and a navicular bone that is undeveloped with a huge divot in it.Β Spoke to breeder/seller, asked to her to work with me as these are pre-existing conditions.Β Told her I would bring the horse back, asked her to reimburse half of the purchase price, more than fair in my opinion.Β She told me not to bring her back, all she could help me do is market this crippled, unbroke 2 year old.Β I then told her, I will hold on to her as she attempts to resell for 2 weeks but then I would bring herΒ back, as I am not going to feed this horse any longer.Β She said,Β "Do not bring her back, put her down".Β Do I have any ground to stand on here?Β Maybe not legally, but morally?Β Β
Been there, done that, got the Tshirt. Went to court and still SOL. Sorry! Join the club. |
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Common Sense and then some
         Location: So. California | There is a slim chance you may have some legal recourse. This horse was clearly sold due to misrepresentation and fraud, and since you live in the state of California, you may have some recourse (google is your friend) Do you have a Bill of Sale? Email or written communications? Copies of the sale flyer/ad? If you bought the horse out of state, you may or may not have recourse. I would contact a California attorney for advice. Good luck! |
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Expert
Posts: 3514
  
| Call around and do some inquirys on a good equine attorney. I had this happen to me and I got half of the price back plus vet bill.
Edited by readytorodeo 2014-01-22 8:33 AM
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Pig-Bear Dog Lover
   
| A couple months ago I got a horse I didn't know anything about.. I called around the area the coggins was taken and got information from two vets..on previous visits... it's worth a shot. I would send her a certified letter saying take the horse back or your going to pursue another Avenue to recoup your loss. I would be in court asap.. you do not need a written contract.. a verbal contract saying the horse is sound will do, of course that was the agreement or you wouldn't have bought it. I have won with a verbal contract but had a witness. Eta ( did anyone overhear you speak with her on the phone ect)
Edited by SwishMiss 2014-01-22 9:40 AM
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  Ms. Manners
Posts: 1820
     Location: Oklahoma | After all the "sale gone bad" threads on this forum where folks decline a PPE, you would think buyers would smarten up. When a horse is purchased without a PPE (no matter the age), it is a risk. Why bash the seller? What happened to a buyer doing their homework and due diligence? These owners could very well have been completely ignorant to the lameness issue brewing in the filly, especially if it is turned out and they do nothing with her. Why are so many ready to slay the seller when the buyer has responsibility here as well?
I really feel for what happened to the OP, and wish only the best for you and the filly. Maybe she can be put under saddle slowly and make a good trail or kids horse one day. She could be a pasture pet or, please don't flame, she could be put down if there will be no riding future for her. I certainly would not want the navicular issue passed on to another generation. Then again, not my horse so not my decision.
I honestly believe a court would easily side with the buyer, especially since not only was a PPE declined but the buyer spoke with a vet about the exam and still declined a PPE.
Another note . . . do not just go off a buyer's suggestion for a vet to do the PPE. Always do your homework, call around, get recommendations from others as to a vet who is best qualified to do a PPE. |
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 Elite Veteran
Posts: 602
 
| Sorry you have to go through that. Selling or buying horses is a tricky situation. I bought a gelding when I first started barrel racing and it was the first time I didnt get a PPE. I brought him home and he had bone spurs. I learned my lesson. If you have to get x-rays on every inch of that horse, then do it. When I buy or sell horses, usallly there is a contract that states "sold as is" and "all sales are final." Was there a contract that states the horse's condition? |
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 Elite Veteran
Posts: 928
      Location: Northern CA | spitzh - 2014-01-22 8:08 AM Sorry you have to go through that. Selling or buying horses is a tricky situation. I bought a gelding when I first started barrel racing and it was the first time I didnt get a PPE. I brought him home and he had bone spurs. I learned my lesson. If you have to get x-rays on every inch of that horse, then do it. When I buy or sell horses, usallly there is a contract that states "sold as is" and "all sales are final." Was there a contract that states the horse's condition?
Was no "as is" statements. The agreement also states it becomes binding when the seller signs and returns a copy to me. I have yet to get a copy. |
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 Elite Veteran
Posts: 928
      Location: Northern CA | Morab76 - 2014-01-22 7:43 AM After all the "sale gone bad" threads on this forum where folks decline a PPE, you would think buyers would smarten up. When a horse is purchased without a PPE (no matter the age), it is a risk. Why bash the seller? What happened to a buyer doing their homework and due diligence? These owners could very well have been completely ignorant to the lameness issue brewing in the filly, especially if it is turned out and they do nothing with her. Why are so many ready to slay the seller when the buyer has responsibility here as well?
I really feel for what happened to the OP, and wish only the best for you and the filly. Maybe she can be put under saddle slowly and make a good trail or kids horse one day. She could be a pasture pet or, please don't flame, she could be put down if there will be no riding future for her. I certainly would not want the navicular issue passed on to another generation. Then again, not my horse so not my decision.
I honestly believe a court would easily side with the buyer, especially since not only was a PPE declined but the buyer spoke with a vet about the exam and still declined a PPE.
Another note . . . do not just go off a buyer's suggestion for a vet to do the PPE. Always do your homework, call around, get recommendations from others as to a vet who is best qualified to do a PPE.
I am not bashing the seller, but seller is also the breeder, and I would think that they would stand behind their product somewhat. Yes, it was my fault for not doing a PPE. I asked them to work with me on this, possibly take her back and give me only half of the purhcase price. She stated she doesn't have a problem selling young horses that will never have any sort of career, if that is the case, she could easily recoup the half that I was asking for. I may not be entitled to it, but I thought it was a fair offer. |
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Duct Tape Bikini Girl
Posts: 2554
   
| Don't they always say a horse's feet (hooves) are the most important part of a horse? Even if a horse shows no soreness at all during the flex test, x-rays are a must to rule out future problems.
Sorry this happened to you. |
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Hungarian Midget Woman
    Location: Midwest | I agree the buyer should do their part and get the PPE.
However, in this situation it sounds like the seller was being dishonest.
Both sides did not do everything right in this case, but IMO a seller lying (assuming they knew about the issues as the horse was lame the day after buyer got it) is not ever ok from a moral standpoint... someone taking a seller at their word may not be the most prudent thing to do, but from a ethically I see the seller as being in the wrong. (IDK who the seller was, for the record, or anything about this situation other than what's on this thread).
At best these threads can serve as a warning to folks who are buying horses as to what can go wrong. I see several red flags in the OP regarding the seller and the situation when she bought the horse. I do hope you can get the situation worked out, OP. It sucks to lose money on something like this. |
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