Am quite cross...seller appears to be accusing me/my vet

Hereshoping said:
Oh dear. :(

Thank you for the advice to walk away, but that has far more legal implications than not. I like the horse. Very much. I thought hard about the horse. The horse is in 'sales livery' with someone with whom I have an acquaintance through others - I know them to talk to and that's as far as it goes. The horse was pointed out to me as a good prospect.

The horse is a blank canvas - it has been backed and turned away. I enquired why it was backed late, and who bred it, and why it was sent to the sales livery, and why it is for sale for not very much money. It is now ready to bring on. I 'test drove' the horse ;) and I felt there was a great deal of promise there. Very willing little horse. The horse had several interested parties and I went back the next day, after discussing with others, including my instructor, and gave the sales livery/dealer my deposit. In so doing I asked the dealer to sign a witnessed pre-purchase agreement that stated I was paying 10% deposit, fully refundable should my vet fail the horse. I signed this too. The vet didn't fail the horse outright. So, to walk away now could be held against me, as I would be in breach of contract.
Click to expand...

From someone who was caught big time last year when buying a horse I would walk away. The vet has not passed the horse therefore you have a right to walk away. As others have said, it is not up to you to make the horse sound in whatever way you think fit. There are no legal implications involved - the horse has not passed the vet!! My husband is a lawyer and he agrees with this.
 
Hi sorry you're having this aggro but I don't know what you were intending to do with this horse but if it goes lame whan it's lunged on a slightly rough surface, it doesn't bode well for it's ridden career! Walk away.
 
Hereshoping said:
Oh dear. :(

Thank you for the advice to walk away, but that has far more legal implications than not. I like the horse. Very much. I thought hard about the horse. The horse is in 'sales livery' with someone with whom I have an acquaintance through others - I know them to talk to and that's as far as it goes. The horse was pointed out to me as a good prospect.

The horse is a blank canvas - it has been backed and turned away. I enquired why it was backed late, and who bred it, and why it was sent to the sales livery, and why it is for sale for not very much money. It is now ready to bring on. I 'test drove' the horse ;) and I felt there was a great deal of promise there. Very willing little horse. The horse had several interested parties and I went back the next day, after discussing with others, including my instructor, and gave the sales livery/dealer my deposit. In so doing I asked the dealer to sign a witnessed pre-purchase agreement that stated I was paying 10% deposit, fully refundable should my vet fail the horse. I signed this too. The vet didn't fail the horse outright. So, to walk away now could be held against me, as I would be in breach of contract.
Click to expand...

But the horse DID fail the vetting - the vet *stopped* the vetting because the horse was lame. That's the same thing. All you have to do, surely, is ask your vet to confirm in writing that the vetting was stopped because the horse was lame.

And TBH, I'd say b**ls to things being uncomfortable afterwards. Things will be even more uncomfortable if you by a horse that's lame which you end up spending a fortune on. Bear in mind that your vet will need to make a note of the hoof crack on your vetting certificate (if it passes second time around), and your insurer will exclude it. Therefore, if the horse remains lame or goes lame again on that foot, they won't pay to put it right. Could end up costing a fair bit of money in remedial farriery (assuming that's all it takes to put right).
 
chestnut cob said:
But the horse DID fail the vetting - the vet *stopped* the vetting because the horse was lame. That's the same thing. All you have to do, surely, is ask your vet to confirm in writing that the vetting was stopped because the horse was lame.

And TBH, I'd say b**ls to things being uncomfortable afterwards. Things will be even more uncomfortable if you by a horse that's lame which you end up spending a fortune on. Bear in mind that your vet will need to make a note of the hoof crack on your vetting certificate (if it passes second time around), and your insurer will exclude it. Therefore, if the horse remains lame or goes lame again on that foot, they won't pay to put it right. Could end up costing a fair bit of money in remedial farriery (assuming that's all it takes to put right).
Click to expand...

totally agree with this Chestnut Cob but in the end it is up to the OP if she decides to buy the horse. Personally I wouldn't trust the seller!!!
 
OP...personally I would have the re-vetting and see how it goes from there. If there are any issues / causes for concern then these will obviously be noted by the vet and can be used as mitigating circumstances if it does fail and you can then use as concrete evidence.

My boy passed the 1st two stages but the vet advised that as he'd been out of work for 2yrs he wouldn't pass the full 5 stage vetting. As long as he was sound, passed flexion (which is pretty subjective depending on the horse on the day!) and heart/lungs sound ok and eyes etc fine then I was happy. He was happy hacker / bit of xc / bit of showing so not going to be a word beater so I was fine with this.

At the end of the day, its ensuring your proposed purchase passes the vetting with your future requirements in mind. Having your vet and/or farrier on hand to explain any issues to the seller / agent would be invaluable I feel. Good luck, and fingers crossed!
 
In forty five years of buying horses I have never paid a deposit prior to vetting and would never ever do so I have ever been asked for one either .
It's certainly not the norm with any sellers I have dealt with.
My worry for OP if this horse passes the second vetting is that the crack will have to be noted on the cert and if OP insurers her horses the foot , or even the leg will be excluded so if fixing the crack proves problematic she end up with a bill before she's even got to use her horse.
Fingers crossed for you OP.
Ps I would have walked rather than pay the farrier in the circunmtances you described .
 
You must log in or register to reply here.
Top