Horse On Trial - Failed Vetting.. Help!

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skyesthelimit1

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Basically, I put my little mare out on trial for 2 weeks and had a deposit put down for her where I said if she fails on anything preventing her doing the work intended I would refund (this contract isnt signed, just a word document I emailed over).

Shes left my yard sound and the whole time I have had her she hasnt shown signs of being lame or stiff etc. Shes gone on trial and the vet deemed her 1/10 lame in trot and then lame on one of her back legs when did the flexion test. I dont believe in flexion tests anyway but still.

Obviously now im in a situation where I let a sound horse leave my yard and is now apparently lame and has problems. They no longer want my mare and have demanded a full refund of the deposit (as she 'isnt up for the work intended, so they say!) before they will let me collect her.

Where do I stand?
 
As she failed the vetting, they are perfectly within their rights to ask to return her and get their deposit back. No question about it.

I would then speak to the vet that examined her, and maybe get your own vet out to check her ? sm x
 
do you have anything in writing?

tbh i would be very reluctant to let a ohrse go from my yard before a vetting has taken place, how do you know that the horse really did undergo a vetting and failed?

When I get the right home for my horse he is open to vetting, but this will be done at my yard and he wont be on trial as these always seem to not work out. I will however keep in touch and if any problems arise will be on hand to help out.
 
As shysmum said they can return the horse as she has 'failed' a vetting. However, it depends on what their opinion of the vetting was and what the vet has advised them. 1/10ths is naff all really and plenty of horses will show a fair bit of lameness following a flexion. It is very much dependant on the individual vet too - they do have to cover themselves obviously and some are more cautious than others. If the vet think there may be an underlying issue then i am sure he will have advised them of this.

Have you spoken to them about it? If you did put it on trial then they are perfectly within their rights to return it but do they want to? It is very tricky - how old is the pony? With an older pony i would certainly expect there to be some stiffness and therefore they are more likely to show 'lameness' following a flexion. With a younger animal though i wouldn'texpect it and would expect the vet to have given a secon flexion to be sure.

We had my sister's first horse as 4 yo on trial for 2 weeks wvtb and he technically failed the flexion. vet had to do it twice but on one side he just didn't recover as quickly as they other. The vet couldn't pass him but advised us he didn't actually think there were any underlying physical issues. As it turned out we shouldn't really have bought him (due to various problems) but he never had issues with that leg!
 
You agreed to refund so that is what you should do. Next time I would not allow a trial if you think she was sound beforehand or ensure the horse is trialled at your own yard only - IMO but not sure legally where you would stand
 
Go and collect her and give them their deposit back as agreed:) saves a lot of hassle, plenty more pebbles on the beach buyer wise, you've wasted enough time with these people.

That is the problem with sending a horse out on trial, you just don't know what is happening to them or what state they will come back in. Easy for someone to ride a horse into the ground, use it for an event and then say that it is broken and demand their money back. I never put a horse out on trial, people can come and try it, but nothing leaves my yard until I have the cash firmly gripped in my grubby paw.

Can you speak to the examining Vet for more precise details? Get her sorted and try again.
 
Not all trials go wrong I must say first. I have bought 2 horses after a trial.

I am another that does not have much faith in flexion tests. I had a horse vetted before purchase and he passed with flying colours, he didn't suit me so he went back to the sellers to be sold on my behalf and he failed the vetting on a flexion when he was being resold to another buyer.
He was revetted a week later to another buyer by a different vet and passed with flying colours again?

Your buyers were obviously not aware that the horse was lame otherwise they would not have had the vetting in the first place so could you not suggest to them that they have the flexion carried out in a couple of days or xray the offending leg, maybe you could offer to pay some of the costs for this as I would imagine you would like to get to the bottom of it too.

I also assume that the horse suited them to have gone ahead with the vetting - if it were me then I would want to investigate further and not just send him/her back over a failed flexion.
 
Silly way of doing it tbh because even if she did leave yours sound, she wasnt sound for the vetting, and you said if she fails the vetting you'd give them a full refund.. So yes you have to give them a full refund.
 
Would she have passed a flexion test the day she left your yard?
Many horses don't!

Given your verbal contract with these people, you have to refund the deposit. If they took you to court it would be a no brainer as you don't have proof the horse would have passed the same vetting on the day she left!

... I no longer allow trials unless in very specific circumstances. However, I encourage serious viewers/purchasers to come to MY yard to spend time with the horse, muck out, catch from field, groom, school, ride out in a group or alone to check the horse can do this, etc ... Like a part loan with a view to buy.
 
Enfys said:
Go and collect her and give them their deposit back as agreed:) saves a lot of hassle, plenty more pebbles on the beach buyer wise, you've wasted enough time with these people.

That is the problem with sending a horse out on trial, you just don't know what is happening to them or what state they will come back in. Easy for someone to ride a horse into the ground, use it for an event and then say that it is broken and demand their money back. I never put a horse out on trial, people can come and try it, but nothing leaves my yard until I have the cash firmly gripped in my grubby paw.

Can you speak to the examining Vet for more precise details? Get her sorted and try again.
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AGREE WITH THIS just give their money back and collect your mare
 
Collect your mare and return their deposit. Think you would be better off learning from this and moving on. Mine failed flexion test with 1-2/10 and he's been fine so I am sure she will recover :)
 
I can see this from the buyers point of few, as ive been through this myself with a horse i had on trial with view to buy. I really loved the horse and had agreed to buy her subject to the vetting. So i had her vetted at the end of the trial and she failed before and after flexion on a hind leg. I was in two minds as what to do as i really liked her. I rang the vet and asked his advice as to whether he thought the problem was serious and if i had her revetted in a few weeks whether he thought she would pass and he strongly advised me against it saying he thought there was an underlying problem.

So i sadly said to the owner she would have to go back as she wouldnt be fit for the eventing i wanted to do. Th owner went loopy saying i had obviously made her lame as she was sound when she left her yard and she'd never had any problems with her. Even to the point of wanting to sue me!!I was very upset as had wanted the horse and knew id done nothing with her to cause lameness and the vet had said it wasnt a recent prob but more of a longterm prob. In the end the owner calmed down and said sorry and took the horse back, but it was all very stressful!

Just really saying that im sure the people wanted your horse and maybe have her revetted yourself to be sure or speak to the vet that did the vetting. Id never have another horse on trial unless id had it vetted first.
 
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