Can I prove my horse was a wind sucker before I bought him?

This is what happened to me and this is what you should do. Get someone to ride him on hack and video the horse being naughty in traffic. I'm assuming the advert says good in traffic? There is your evidence. Make sure you take the camcorder to court with you on the day so you can show it to the judge.
 
Munners said:
They didn't say much only that they had never had any problems what so ever with him.
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Which may well be true - did you get this response in writing? Do if you haven't already. If vet comes back saying it doesn't look long term think carefully before going further. Have you mentioned about not wanting horse? They may be willing to take back if they care about it - don't expect full price if going back lame though...

You've tried the horse at theirs, they may have witnesses to say he was fine and you'll be landed a large bill.

Was he on a yard? I'd personally get solicitor to send a letter to them asking for general character - and to breaking yard/riders/previous owners etc. If it comes back as no problems, then you pay for a letter(s) and drop the case. If there are doubts then go ahead.

I can't imagine you will come out of this with more money than you have now though, the only people who win in a case like this are the lawyers unless you have very solid proof of poor behaviour before.....
 
What kind of yard are you keeping the horse at?

What is your management of the horse?

Who have you had ride the horse who is qualified to comment on his attitude and rideability?

When did you first contact your trainer about taking the horse to them for a short spell?
 
Do a quick google on phone number and name to ensure that they aren't a dealer too (will help you if they are).

Are they listed in passport? That's where I'd contact previous owners from if there were and are listed.
 
PandorasJar said:
the only people who win in a case like this are the lawyers
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THIS

Unless you paid £10k + for him, you'd be much better off putting your time, energy and money into getting him sorted/ retired/ pts (whichever he needs given his issues/lameness) than you are trying to go after a private seller after 5 weeks, with no vetting at the time.
 
Black_Horse_White said:
This is what happened to me and this is what you should do. Get someone to ride him on hack and video the horse being naughty in traffic. I'm assuming the advert says good in traffic? There is your evidence. Make sure you take the camcorder to court with you on the day so you can show it to the judge.
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Hi thanks for your post that's really helpful and I will make sure I do that!
 
amymay said:
What kind of yard are you keeping the horse at?

What is your management of the horse?

Who have you had ride the horse who is qualified to comment on his attitude and rideability?

When did you first contact your trainer about taking the horse to them for a short spell?
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There are stables and plenty of grazing, the vet has advised to put him in a small paddock for two weeks rest before going back to see if any improvement. I have a good routine with him, which will be changed now as he can't currently be ridden. I took him to my trainer after two weeks. Yes I no another change of scenery but I was there all day every day.
 
But what has your management been of him up until the vets.

How long out / how long in? Feed? etc. Company in the field?

Did you know your trainer prior to taking the horse to her?
 
PandorasJar said:
Which may well be true - did you get this response in writing? Do if you haven't already. If vet comes back saying it doesn't look long term think carefully before going further. Have you mentioned about not wanting horse? They may be willing to take back if they care about it - don't expect full price if going back lame though...

You've tried the horse at theirs, they may have witnesses to say he was fine and you'll be landed a large bill.

Was he on a yard? I'd personally get solicitor to send a letter to them asking for general character - and to breaking yard/riders/previous owners etc. If it comes back as no problems, then you pay for a letter(s) and drop the case. If there are doubts then go ahead.

I can't imagine you will come out of this with more money than you have now though, the only people who win in a case like this are the lawyers unless you have very solid proof of poor behaviour before.....
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Hi I have asked for them to have the horse back and I have even offered for them to only give me half my money back but they are not interested whatsoever. If the wind sucking isn't long term I will forget about any claim and do what I can for the horse.
 
amymay said:
But what has your management been of him up until the vets.

How long out / how long in? Feed? etc. Company in the field?

Did you know your trainer prior to taking the horse to her?
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He lived out, as he did prior to me buying him, he has plenty of company and has a high fibre diet, I have known my trainer for several years and has a fantastic reputation.
 
Op in your situation I would get the horse sound, not bother about the wind sucking and crack on with your trainer, If the horse still isn't right then sell him/her to a more expierienced home but don't expect to make your money back.. You got horse sold as seen so really is tough luck that you didn't take anyone expierienced with you.. Wish you and horse all the best
 
I bought a 14.2hh for my daughter about 4 years ago from a dealer. We visited said horse on 5 separate occasions but on each visit the dealer knew we were coming. I wanted a bomb proof horse to give my daughter confidence and I asked every question one should ask. However, after purchasing him and bringing him home, I noticed the next day his eye was completely different and there the problems started. To cut a long story short, he was terrible and no way a confidence giver. The s**t hit the fan when my daughter was riding him in the outdoor school and he took off broncing - she came off and broke her back, 2nd & 3rd vertebrae. I rode him and he was like a coiled spring and I'm confident.

I wrote 2 letters and she ignored both, so I wrote another telling her I was going to take her to small claims court. I did take her to court and it took a while but I won and she had to pay me the full cost of the horse, the livery and farrier fees from the date the 1st letter was written.

Good luck
 
Gluttonforpunishment said:
Unfortunately not, declarable vices are listed by each auction house in their conditions of sales.

Whilst private sellers should declare them it is up to the purchaser to obtain a written warranty from the seller that the horse has not displayed any of the vices whilst they have owned the horse.

Very grey area from what I can establish, if there is no written evidence to the contrary the seller can simply say the horse was sold as seen and it is buyer beware.


ETA: sorry, cross posted with others saying the same
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Yes, sorry everyone. Been told it all my life but I can't find it on google so I must be wrong. Apologies.

:(
 
The biggest issues with windsuckers is there much higher incidence of colic in them.
If you have have insured for vet fees the horse it have towill be declared and the insurance company are likely to exclude colic from your policy.
If you keep your horse at livery it can be a pest as some yards will not allow them on the yard.
Just a couple of thoughts I am sorry you are not having a easy time .
 
Goldenstar said:
The biggest issues with windsuckers is there much higher incidence of colic in them.
If you have have insured for vet fees the horse it have towill be declared and the insurance company are likely to exclude colic from your policy.
If you keep your horse at livery it can be a pest as some yards will not allow them on the yard.
Just a couple of thoughts I am sorry you are not having a easy time .
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I disagree with that. Colic and windsucking are totally different issues and no proof windsucking predisposes a horse to colic. Mine never had colic once and he windsucked every day - normally after a feed. But, i think a windsucker should be kept in a non-stressful environment as much as possible as stress can be a factor.

Windsucking would not bother me. Cribbing's actually more annoying as they can wreck fencing doing that!
 
ladyt25 said:
I disagree with that. Colic and windsucking are totally different issues and no proof windsucking predisposes a horse to colic. Mine never had colic once and he windsucked every day - normally after a feed. But, i think a windsucker should be kept in a non-stressful environment as much as possible as stress can be a factor.

Windsucking would not bother me. Cribbing's actually more annoying as they can wreck fencing doing that!
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That's the same as saying just because some smoked and did not get cancer smokers don't have a higher chance of getting cancer.
Most windsuckers have ulcers .
 
One thing I would say is check the buyer out, google their number etc, are they a private seller? I have come across people who are dealers but say they are private sellers. If they are dealers you have more rights.
 
Much good advice on here op..especially beware of money grabbing lawyers!
I just wanted to say that i too went off on my own and bought a horse (from a very dodgey dealer in my case), and also did nt get him vetted.
I encountered many many problems with the bloody thing including a couple of trips to a and e and chasing him down the a1 in a jeep after he threw me off four times in one day.
If it makes you feel any better ive still got him and he is a lovely steady sensible hack now.
I would have done it all very different with hind sight but I did nt have any horsey friends around me . You are allready doing some great things for him and maybe for the meantime till the matter is resolved you could use the time to build up some trust on the ground to help him settle. You could still tack him up and lead him round and get used to giving comands and getting him to listen to you,
I just thought if you knew you were nt the only one it might help!
 
luckyoldme said:
Much good advice on here op..especially beware of money grabbing lawyers!
I just wanted to say that i too went off on my own and bought a horse (from a very dodgey dealer in my case), and also did nt get him vetted.
I encountered many many problems with the bloody thing including a couple of trips to a and e and chasing him down the a1 in a jeep after he threw me off four times in one day.
If it makes you feel any better ive still got him and he is a lovely steady sensible hack now.
I would have done it all very different with hind sight but I did nt have any horsey friends around me . You are allready doing some great things for him and maybe for the meantime till the matter is resolved you could use the time to build up some trust on the ground to help him settle. You could still tack him up and lead him round and get used to giving comands and getting him to listen to you,
I just thought if you knew you were nt the only one it might help!
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Thank you for the post that's really kind and has made me feel better! I'm collecting him from the vets at the weekend and will deffo be working on gaining some trust from him, he looks at me with wild eyes most of the time!! My heads in a pickle ad really don't no what to do for the best, the only thing I do no is that I will give him as much care and love as I possibly can!!!
 
ladyt25 said:
I disagree with that. Colic and windsucking are totally different issues and no proof windsucking predisposes a horse to colic. Mine never had colic once and he windsucked every day - normally after a feed. But, i think a windsucker should be kept in a non-stressful environment as much as possible as stress can be a factor.

Windsucking would not bother me. Cribbing's actually more annoying as they can wreck fencing doing that!
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Hmm, I think most people who have owned cribbers (me included) would attest to the fact that although the research says cribbing doesn't cause colic, it most certainly does. Maybe via gastric ulcers, maybe via gas and maybe not colic at all just trapped wind. However, end result is same.
 
Munners said:
Thank you for the post that's really kind and has made me feel better! I'm collecting him from the vets at the weekend and will deffo be working on gaining some trust from him, he looks at me with wild eyes most of the time!! My heads in a pickle ad really don't no what to do for the best, the only thing I do no is that I will give him as much care and love as I possibly can!!!
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I think my horse was just very very untrusting and stressed out by whatever he had been through before me. I was forcing myself to get on him and was to be honest terrified. This just made the horse worse. I decided to tackle the issues i could from the ground , he was a pig to get the bridle on so i sorted that out first, then he would kick out when tightening the girth up so that was the next job..then i led him round getting him to stand and walk on, followed by lungeing and finally getting back on when i knew him better. Not being able to ride him at the moment could work greatly in your favour! Good luck with him, I know how stressfull this is!
 
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