Bought a lame pony - what would you do?

Parrotperson

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Vet has since viewed video footage of the vetting and us trying him before purchase and says something is noticeable in a forelimb and suggests we continue investigating.

So it wasn’t your vet that 5* vetted him?

You may have a claim against the vetting vet but don’t hold your breath. Vets don’t like dissing one another.
 

Wishfilly

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This is all pretty complicated.

You've got a pony who is now lame on 3 limbs, but who passed a vetting as sound. You don't have any reason to say why the pony is lame, so it's hard to prove it's a pre-existing condition. A lot can happen in 3 months. Not sharing the vet records suggests something is pre-existing, but it'll be hard to prove.

If your own vet has seen videos of the vetting and would not have passed the pony, you may have a claim there, but you'd need evidence in writing.

Looking at it from the seller's PoV, their argument could be that you've lamed their pony and now want to send it back- understandably a lot of sellers would object to that!

To make a claim against a private seller, you have to prove they made a false representation. Did you save a copy of the advert? I'm not sure if you could argue they made a false representation if a vet vetted the horse as sound.
 

ycbm

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Vet has since viewed video footage of the vetting and us trying him before purchase and says something is noticeable in a forelimb and suggests we continue investigating.

This isn't going to help you sue the owner, because you would be deemed to have accepted the pony as seen.

It might help you sue the vet, but their defence union is very, very strong. It doesn't mean you shouldn't try, though, they might offer an out of court settlement if the video is clear enough.
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maya2008

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Vet has since viewed video footage of the vetting and us trying him before purchase and says something is noticeable in a forelimb and suggests we continue investigating.

Who vetted? Were they linked to the dealer? If he WAS lame at vetting, then you have a case against the vet (if your vet will stand up for you in Court).
 

primrose123

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This is all pretty complicated.

You've got a pony who is now lame on 3 limbs, but who passed a vetting as sound. You don't have any reason to say why the pony is lame, so it's hard to prove it's a pre-existing condition. A lot can happen in 3 months. Not sharing the vet records suggests something is pre-existing, but it'll be hard to prove.

If your own vet has seen videos of the vetting and would not have passed the pony, you may have a claim there, but you'd need evidence in writing.

Looking at it from the seller's PoV, their argument could be that you've lamed their pony and now want to send it back- understandably a lot of sellers would object to that!

To make a claim against a private seller, you have to prove they made a false representation. Did you save a copy of the advert? I'm not sure if you could argue they made a false representation if a vet vetted the horse as sound.
Pony was sold as suitable for nervous rider and hadn’t ever bucked etc, I found video on social media of it bucking but it was a while ago. Ie 1.5yrs ago.
 

Bellaboo18

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I think you're going to struggle. You're 4 months on and even the 9 days later is 9 days something could have happened to the pony.
Your best chances are the video he was seen bucking in previously and the video footage of the vetting but I'd eat my hat if you found a vet that was happy to state the pony wasn't sound at the time of vetting.
I'd say this is going to be a case of trying to fix the pony you've got.
I would want to know if he's been used to individual turnout before though.
 

Bellaboo18

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He is a laid back character, doesn’t have any symptoms of ulcers. He is being kept in a field alone alongside others. He seems very happy and relaxed
He now spooks in the arena and dashes off with a buck!

Pain, Ulcers, reluctance to work, spooky. They all go hand in hand. I wouldnt write them off. Again, I'd definitely query the individual turnout.
 

Wishfilly

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Pony was sold as suitable for nervous rider and hadn’t ever bucked etc, I found video on social media of it bucking but it was a while ago. Ie 1.5yrs ago.
Do you have it in writing that the pony has never bucked? Do you have a copy of the advert?

Suitable for a nervous rider is tricky, because there's no legal definition of that. I agree a confirmed bucker would not be that, but one buck might not prove your case.

You would have to prove detriment due to the misrepresentation, as well. As you've kept the pony until you discovered the lameness, it could be argued you didn't view the bucking as a detriment.

I do have sympathy for your situation, but legally I think it is very tricky.

I would probably want to go to an equine solicitor for advice.
 

HorsesRule2009

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I think you will really struggle to send back now after so much time has passe,
Unless the bloods show something.

You say you've had xrays have you had foot balance images done?
Also think it's worth scoping not all present with the common signs and alot diagnosed are done so through poor performance work ups. ie there was something NQR and things done as elimination process.

Good luck
 

Bonnie Allie

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I know you don’t want to hear it but you have said your daughter is a nervous rider. Change of home, routine, training methods and a nervous rider will definitely have a behavioural outcome.

It’s odd that the horse passed a 5 stage vetting including bloods and a new vet believes it is lame in all 3 legs but wants you to “hard lunge” it to make it even more lame. Something doesn’t make sense here.

Hubby is a trainer and he gets lots of “miss sold” horses. It’s rarely the horse.
 

ownedbyaconnie

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The weirdest part of this story is your own vet tbh!

Surely the next step is nerve blocks, ultrasounds etc? Not trying to make the lameness worse? How do you then prove any issue later found isn’t from the hard lunging?

I’ve sent an unsuitable pony back before but it was within 2 weeks of purchase and even that was a struggle. I think you’d be hard pushed to send back months later.
 

primrose123

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I know you don’t want to hear it but you have said your daughter is a nervous rider. Change of home, routine, training methods and a nervous rider will definitely have a behavioural outcome.

It’s odd that the horse passed a 5 stage vetting including bloods and a new vet believes it is lame in all 3 legs but wants you to “hard lunge” it to make it even more lame. Something doesn’t make sense here.

Hubby is a trainer and he gets lots of “miss sold” horses. It’s rarely the horse.
Haven’t had blood results back yet maybe that will give a clue. Why would previous owner not release vet records though?
 

ycbm

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The weirdest part of this story is your own vet tbh!

Surely the next step is nerve blocks, ultrasounds etc? Not trying to make the lameness worse? How do you then prove any issue later found isn’t from the hard lunging?

He sounds like a very old school vet. Before the days when the diagnostics we have now were available it was a common instruction with a subtle lameness to keep the horse in hard work until it became more obvious where the problem was.

With modern diagnostics, of course, that's unethical.
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SantaVera

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Going back to the buck,was this the first time in the ménage ridden since purchase? Was the pony ridden daily in its previous home? Is the pony stabled overnight? Just thinking he may have been a little over fresh.if the rider is nervous maybe she had or has a tighter rein contact than the pony is used too so basically the engine is being revd and the handbrake is on so the energy has to go somewhere hence the buck.
 
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