Mid-sold pony PLEASE HELP!

4kids2dogs1pony

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OP afew questions

How old is the pony?
How long had the previous owners had the pony for?
What does the vet think is wrong with the pony? (it could just be something or nothing, like a foot abscess)
You have mentioned muscle wastage, but were on the leg/body? (is this related to the issue or could this just be down to a poor fitting saddle, or just the age of the pony?)
You have mentioned that the vet thinks its a pre-existing issue, are they prepared to put this in writing?
How much did you pay for the pony? m not being nosy, but im wonder if the price was 'reflective' of a horse not passing a vetting

I wouldnt bother going back to the seller, they have made there intentions clear. i would start a small claims case, write everything down on a clear timeline, add any evidence (photo's, video, vet report) and let the courts decide on the outcome if the seller still refuses. Depending on the value of the horse, its not expensive to make a claim and if you win, the costs are also recovered.

Im not sure where you stand legally. You did knowingly buy a horse that has failed a vetting with a 'stiff leg' so in theory not sound? and you are now only looking back on videos that you was previously happy with, looking for signs of lameness (hindsight!!)

Pony is 12yo according to her passport, however the seller told me she didn’t have a passport originally and they had to get her one. There are no previous owners listed.
The issue is with her right hind leg, the muscle wastage is in her right hind quarters and is subtle.
I had a couple of horsey friends ride her before I knew about the lameness and they couldn’t tell from onboard, it was only obvious to my instructor on the ground when we had our first schooling lesson and were pushing her a bit harder than I had previously.
Can I just reiterate I know I’ve been too trusting which is naive of me but I’m not stupid enough to buy an obviously lame pony. I paid £3k for her she is Welsh D x.
 

Mrs. Jingle

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Can I just reiterate I know I’ve been too trusting which is naive of me but I’m not stupid enough to buy an obviously lame pony. I paid £3k for her she is Welsh D

Not calling you stupid - but very, very naive and unwise to have made this purchase. And that is a heck of a lot of money to pay for a pony that seller had clearly told you had failed a vetting and was 'stiff'. Stiff is just another name for unsound, surely even a novice potential buyer would have strongly queried that phrase and at the very least have your own vet check it out for that asking price for a pony that they told you had not passed a vetting and was not sound!? If she is a welsh D (pure bred)then I am also VERY surprised she does not have a welsh passport....or perhaps that original 'missing' passport told another story altogether about her age and background.

I am sorry you have now lost all that money - personally I do not think you have a hope in hell of getting a refund. But most important of all, what about the poor pony in all this fiasco? Is vet treatment and opinion being sought, what future has the pony? What will you do with her if she is no longer sound enough to use? So sorry for the poor bloody horse, same old story over and over again. :(
 

shortstuff99

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Pony is 12yo according to her passport, however the seller told me she didn’t have a passport originally and they had to get her one. There are no previous owners listed.
The issue is with her right hind leg, the muscle wastage is in her right hind quarters and is subtle.
I had a couple of horsey friends ride her before I knew about the lameness and they couldn’t tell from onboard, it was only obvious to my instructor on the ground when we had our first schooling lesson and were pushing her a bit harder than I had previously.
Can I just reiterate I know I’ve been too trusting which is naive of me but I’m not stupid enough to buy an obviously lame pony. I paid £3k for her she is Welsh D x.
No matter what anyone says or thinks on here, the only way you will know what rights you have will be to contact a reputable lawyer.
 

paddy555

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Pony is 12yo according to her passport, however the seller told me she didn’t have a passport originally and they had to get her one. There are no previous owners listed.
The issue is with her right hind leg, the muscle wastage is in her right hind quarters and is subtle.
I had a couple of horsey friends ride her before I knew about the lameness and they couldn’t tell from onboard, it was only obvious to my instructor on the ground when we had our first schooling lesson and were pushing her a bit harder than I had previously.
Can I just reiterate I know I’ve been too trusting which is naive of me but I’m not stupid enough to buy an obviously lame pony. I paid £3k for her she is Welsh D x.

you saw the pony and thought it wasn't lame. (or you wouldn't have bought it). A couple of your friends rode her and couldn't tell she had a lameness problem. Why do you think the seller would have realised?

They knew she failed a vetting, they may have little info as to why. Putting it down to a bit stiff as she was unfit may have been a perfectly logical explanation. That could even have been what the vet told the first buyer. The vet may not have known why she was stiff or lame just that she was, it wasn't the vet's problem to work out why or to inform the seller. The vet's duty was to their client.

Many people genuinely think horses with slight lameness are sound. The seller could have. If the pony went, stopped, jumped etc and looked OK it was probably sound to many people. If the muscle wastage was subtle and you didn't notice it maybe the seller didn't.

Bring on schooling with an unfit pony and what could be an instructor experienced who could instantly see even the slightest lameness and the problem becomes more obvious.

Lack of passport would have been a red herring for me. Why no passport, where did she come from etc etc Is she micro chipped? is there any way of following that back to get some history. (not the chip they put in to get the passport but the original chip if there is one) Next time he is out you could ask the vet just to check. How do you know the pony is really 12? if you could get some history you may have more hope. Did the seller tell you how long they had had her, where she came from and what history they had? Have you done some digging into the history?


Did the seller take you for a ride then who knows. The point is that if they won't take the pony back and you want to pursue it could the seller come up with a good defence and explanations. From what you have written I think they could. I think it would be difficult for you to establish they misold the pony. They pointed out the stiffness, the failed vetting.
At that point the prudent thing to do was ask further questions of a vet.

I think you can only put it down to experience which is very sad but the position you are in. SS is right you could consult an expert lawyer but at the end of the day is it financially worthwhile to pursue this?

To achieve anything now it is a case of finding out what the problem is. That needs a vet however you could also consider asking a very experienced physio or chiro to have a look at her. They may have some suggestions about her movement.
(that is not instead of a vet but as well as to give you an area to look at)
if your instructor can see the lameness what do they think the problem is or what you should do? They are the one who have seen the pony on the ground.

The most important issue now to my mind is doing the best for this pony. You are where you are, the pony is what matters.
 

ester

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If it wasn't obviously lame, and now is (as previously you said 2 days after receiving the pony), something has changed since you bought it. Ergo you can't really claim you were sold a lame horse then?
There can also be a lag time between muscle wasting occurring and resolving as a result of lameness, so the horse might have had a prior issue but because it hasn't done much since it came back into work/no one has spend time correcting that muscle it is still visible.

Also you either had 2 friends ride it and a lesson in those 2 days (which is a lot for something that is only just coming back into work) or you were riding it knowing it was lame?


3K seems priced to account for the vetting failure in the current market.
 

MissTyc

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3K seems priced to account for the vetting failure in the current market.

This. £3k is project pony money at the moment, so seems a fair price for a stiff horse that won't pass a vetting and a buyer that doesn't want to ask too many questions.

That said, I am of course sorry you're in this predicament, OP. Have you actually gone for diagnostics? And when you say the pain relief made no difference, do you mean the bute didn't mask the lameness, or as soon as bute was withdrawn the horse was lame again? Maybe you can get the horse up and running yet; if it had an injury that it is still recovering from, then you will get unsoundness at times if pushed too hard (thinking ligaments - out of work horse suddenly being ridden a lot more and a lot harder).
 

ycbm

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No matter what anyone says or thinks on here, the only way you will know what rights you have will be to contact a reputable lawyer.

I would hope in this case, buying a pony where it was clearly disclosed that it had recently failed a vetting, that whatever the buyer's rights to sue are, that they don't win. I'm very sorry for the buyer, they've learned an expensive lesson. But if it isn't enough for a seller to tell a buyer that a horse has failed the vet, what is enough to protect a seller from the hassle of being sued?

I've got a horse for sale at the moment and some of the answers on this thread make me wonder if I can face the potential for future aggravation, or should just give her away!

Having said all that, I certainly couldn't sell a horse that had failed a vetting without further investigation myself, and the seller is not beyond criticism.
.
 

Pearlsasinger

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I would hope in this case, buying a pony where it was clearly disclosed that it had recently failed a vetting, that whatever the buyer's rights to sue are, that they don't win. I'm very sorry for the buyer, they've learned an expensive lesson. But if it isn't enough for a seller to tell a buyer that a horse has failed the vet, what is enough to protect a seller from the hassle of being sued?

I've got a horse for sale at the moment and some of the answers on this thread make me wonder if I can face the potential for future aggravation, or should just give her away!

Having said all that, I certainly couldn't sell a horse that had failed a vetting without further investigation myself, and the seller is not beyond criticism.
.


I agree with every word (except that I haven't got a horse to sell) and can't believe that the new owner has had the horse 2 weeks and doesn't appear to have realised that a pony that has been out of work for a considerable time needs fittening slowly. I am not at all surprised that the poor pony is now obviously lame. Goodness knows why the previous owner didn't take more care over who the pony was sold to.
 

4kids2dogs1pony

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I agree with every word (except that I haven't got a horse to sell) and can't believe that the new owner has had the horse 2 weeks and doesn't appear to have realised that a pony that has been out of work for a considerable time needs fittening slowly. I am not at all surprised that the poor pony is now obviously lame. Goodness knows why the previous owner didn't take more care over who the pony was sold to.
I’m not sure why you have taken such a dislike to me when all I’ve done is ask for advice on a bad situation that I’m in. Of course I know that a pony who has been out of work needs bringing back in and fittening slowly, where have I ever said otherwise? I was completely up for doing just that until my instructor stopped my very first schooling lesson ten minutes in because she noticed she was lame from the ground. That was the first time I had worked her at all above a small walk out since buying her five days prior.
 

4kids2dogs1pony

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I would hope in this case, buying a pony where it was clearly disclosed that it had recently failed a vetting, that whatever the buyer's rights to sue are, that they don't win. I'm very sorry for the buyer, they've learned an expensive lesson. But if it isn't enough for a seller to tell a buyer that a horse has failed the vet, what is enough to protect a seller from the hassle of being sued?

I've got a horse for sale at the moment and some of the answers on this thread make me wonder if I can face the potential for future aggravation, or should just give her away!

Having said all that, I certainly couldn't sell a horse that had failed a vetting without further investigation myself, and the seller is not beyond criticism.
.
Because she was sold to me as suitable for myself and my daughter as an all rounder, I accepted that she was green and unfit but was willing to put the work in with her as a forever horse. She assured me that the only reason the pony had failed the vetting was because she was a bit stiff coming back into work and I believed her. Surely the vetting would have picked up that she was actually lame and it was something long term, she told me the vet had disclosed the results to her, in that case she withheld this information deliberately and mis sold her.
 

4kids2dogs1pony

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In my limited experience I would also agree with this. Unless it's a very high value animal trying to get legal advice is very expensive and very stressful. If you think you have a clear cut case then small claims would maybe be worth a go, but if not I'd write off the purchase price and see if you can get the pony right. (You don't have to agree with me, just be wary of throwing good money after iffy money!)
I’m taking legal advice now to see whether it is worth going down the small claims route. If it looks hopeless then of course I’ll get the pony diagnosed and treated. She is loved and well looked after.
 

Ambers Echo

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It is interesting how differently people view this. For me, regardless of red flags or whatever: if the sellers knew the pony was lame and sold it anyway, saying it was 'just a bit stiff', then this is dishonest and is mis-selling.

The pony could have been out of work for months prior to being out up for sale, buted to the eyeballs for the viewing and sold like that with a warning not to bother vetting because it would not pass - 'but vetting are a waste of time anyway'. The sellers could be being totally duplicitous.

Those saying they would be too scared to sell if the buyer wins this one - you would only be found to be miss-selling if the buyer can PROVE you knew the horse was lame. Eg if it emerged that the horse has been in and out of horspital for investigations throughout 2020 and has arthritic changes/navicular/whatever. Or multiple social media posts referring to lameness over a period of time. So there is no risk to honest sellers who just did not pick an issue up.
 

4kids2dogs1pony

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OP afew questions

How old is the pony?
How long had the previous owners had the pony for?
What does the vet think is wrong with the pony? (it could just be something or nothing, like a foot abscess)
You have mentioned muscle wastage, but were on the leg/body? (is this related to the issue or could this just be down to a poor fitting saddle, or just the age of the pony?)
You have mentioned that the vet thinks its a pre-existing issue, are they prepared to put this in writing?
How much did you pay for the pony? m not being nosy, but im wonder if the price was 'reflective' of a horse not passing a vetting

I wouldnt bother going back to the seller, they have made there intentions clear. i would start a small claims case, write everything down on a clear timeline, add any evidence (photo's, video, vet report) and let the courts decide on the outcome if the seller still refuses. Depending on the value of the horse, its not expensive to make a claim and if you win, the costs are also recovered.

Im not sure where you stand legally. You did knowingly buy a horse that has failed a vetting with a 'stiff leg' so in theory not sound? and you are now only looking back on videos that you was previously happy with, looking for signs of lameness (hindsight!!)
She is 12yo, Welsh D x, 14.2h.
The seller bought her in April, I’m not sure where from.
The vet has ruled out an abscess, it looks like a problem in her leg higher up. The muscle wastage is in her right hind quarter which wasn’t obvious to me until the vet specifically pointed it out. They are confident it’s a long term issue, obviously will need further diagnostics to determine exactly what it is. I paid £3k for her plus £400 for tack.
I didn’t think that someone would let their adult size son ride a pony in a viewing and then sell it on as a family pony knowing it was lame. Which is why I trusted that it was just stiff (their word). I suppose the question is were they blind to the fact she is lame too or did they know and have just got rid of her to a mug like me? Don’t know how I can find out?
 

Pearlsasinger

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I’m not sure why you have taken such a dislike to me when all I’ve done is ask for advice on a bad situation that I’m in. Of course I know that a pony who has been out of work needs bringing back in and fittening slowly, where have I ever said otherwise? I was completely up for doing just that until my instructor stopped my very first schooling lesson ten minutes in because she noticed she was lame from the ground. That was the first time I had worked her at all above a small walk out since buying her five days prior.


I haven't taken a dislike to you personally, I don't know you.

I think you are naive in the extreme and nowhere near experienced enough to even consider buying a horse without good professional advice. I am, however, appalled that you are claiming that you have been mis-sold this pony by when your own admission you very clearly have not.
You obviously do not understand the first thing about bringing an unfit pony back into work and your RI doesn't sound to have much more idea even if she can recognise a lame horse. A pony that has been out of work for long enough to become unfit should NOT be schooling but should be walking in straight lines (hacking) up and down hills to get back some fitness before introducing anything more challenging back into its regime. Traditionally horses that have been turned away for a break (not illness) e.g. hunters would have 6 weeks walking. The reason for this is that it is easy to lame a horse by doing too much too soon. It really isn't like buying a new bike and getting straight on it.

I feel extremely sorry for the poor pony in all this. It has been badly let down by all the humans, including the seller, in this story.
 

4kids2dogs1pony

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It was a risky buy knowing the pony had failed the vet and been out of work. Did they say why the pony had time off.

An unfit pony is more likely to get injured if it has not been bought back into work properly. If the pony was unfit but was worked hard at the viewings or the son just got back on and started riding without doing a proper fitting program then the risk of a soft tissue or other injury is higher than if they took their time to gradually get the pony fit again.

How old is the pony? What have you done with in the days you have had it before it went lame?

I think you need to find out from the vet what the problem is and for him to do a letter to say it was a pre existing condition. How long had they had the pony as if they had not had it long and it was bought to sell on they may not have know about previous injuries. Is it their name in the passport?
She is 12 years old. I received her two weeks ago on the Wednesday. I gave her a few days to settle in then just had a walk round the lanes. My lesson was on the following Monday morning. We had just warmed up and were starting trot work when my experienced instructor told me to pull up as we couldn’t continue due to her being lame. I called the vet immediately and she came out the next day. The seller actually came to the vets appointment at her request which I was fine with.
 

Mrs. Jingle

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The seller actually came to the vets appointment at her request which I was fine with.

I am a bit lost now. So you told the seller that the pony is lame a few days after she arrived, and you were getting a vet in, and the seller requested to come to that vet visit? So what did the seller say about your vets opinion that the horse has a permanent pre existing lameness issue going on and about the muscle wastage?

It seems odd to me that the seller would request to be there when your own vet came to check the horse over, doesn't sound like a seller washing their hands of the sale IMO. so what is the sellers stance on it all now?
 

paddy555

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It is interesting how differently people view this. For me, regardless of red flags or whatever: if the sellers knew the pony was lame and sold it anyway, saying it was 'just a bit stiff', then this is dishonest and is mis-selling.

The pony could have been out of work for months prior to being out up for sale, buted to the eyeballs for the viewing and sold like that with a warning not to bother vetting because it would not pass - 'but vetting are a waste of time anyway'. The sellers could be being totally duplicitous.

Those saying they would be too scared to sell if the buyer wins this one - you would only be found to be miss-selling if the buyer can PROVE you knew the horse was lame. Eg if it emerged that the horse has been in and out of horspital for investigations throughout 2020 and has arthritic changes/navicular/whatever. Or multiple social media posts referring to lameness over a period of time. So there is no risk to honest sellers who just did not pick an issue up.

but did they know and more to the point can you prove they did. When OP's vet first saw the lame pony it was treated with rest and presumably bute. If it was that obvious why do that? Why not say it is instantly clear this pony is lame, this is the problem and it is a pre existing condition? Why does it need further diagnostics yet the seller was supposed to know all this?

OP posted this.
Surely the vetting would have picked up that she was actually lame and it was something long term, she told me the vet had disclosed the results to her, in that case she withheld this information deliberately and mis sold her.

so OP's own vet started off with rest and bute yet the original vetting vet was expected to know the pony was not only lame but it was something long term all based on a short vetting the purpose of which was to establish if the buyer should buy the horse. The vetting vet apparently disclosed the results to the seller. What did they disclose? the pony has X it is a long term condition with no treatment possible. Or did they simply point out it was lame or even stiff?
I think to know the answer one would have to get hold of the vetting vet's report and details of exactly what they said to the seller. I cannot see how else they would prove the seller lied.


The pony could have been buted to the eyeballs but surely bloods would have been taken and if the pony went lame after 2 days then they could have been tested? The seller could have given a warning it wouldn't pass the vet so don't bother. Up to the buyer if they believe that or not.

The seller could be completely at fault. Alternatively the buyer just didn't bother with the basic checks and is now peeved they have potentially lost a lot of money so want to blame someone.


in your final para you say
you would only be found to be miss-selling if the buyer can PROVE you knew the horse was lame.

so far the buyer has not proved this in this instance and in fact the seller told them the horse had failed the vetting on the grounds it was stiff which they accepted.

What would concern me is the seller came to the vet's appointment. Most sellers pulling a fast one would keep well out of the way and not be contactable by phone, e mail or anything else. For a seller to tell the buyer it had failed a vetting and then to turn up when the vet came would, to me, be surprising.
 

honetpot

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It is interesting how differently people view this. For me, regardless of red flags or whatever: if the sellers knew the pony was lame and sold it anyway, saying it was 'just a bit stiff', then this is dishonest and is mis-selling.

The pony could have been out of work for months prior to being out up for sale, buted to the eyeballs for the viewing and sold like that with a warning not to bother vetting because it would not pass - 'but vetting are a waste of time anyway'. The sellers could be being totally duplicitous.

Those saying they would be too scared to sell if the buyer wins this one - you would only be found to be miss-selling if the buyer can PROVE you knew the horse was lame. Eg if it emerged that the horse has been in and out of horspital for investigations throughout 2020 and has arthritic changes/navicular/whatever. Or multiple social media posts referring to lameness over a period of time. So there is no risk to honest sellers who just did not pick an issue up.

I sold a pony that failed its vetting, I have also sold a horse that failed its vetting, I do not think failing the vet is a deal breaker, and I am sure lots of horses fail on flexion tests but are bought with that knowledge, like mine was.
If you are told it's failed the vet, and do not have revetted, surely the buyer is taking that risk, only the buyer can decide if it's fit for their purpose, a good child's pony, often an older one wouldn't pass a full vetting its price is often determined on how it performs with children.
Twelve is not old for a pony, but children tend not to work ponies evenly, they tend to ride on the comfy diagonal, and over time the animal becomes even more one-sided, and stiff on one rein, and I agree that it would need to bringing back in to work properly, and slowly.
 

TPO

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I'm confused as the timeline has now changed.

You have written that a couple of horse friends rode the horse. Now you are saying that you only had a couple of walks with the horse before your lesson and that in this lesson you went above walk. As PaS has said this does not align with the correct way to bring a horse into work or a fitness plan.

Were the same friends riding the horse the same ones who said the horse was lame in the videos? Why did they willingly ride a lame horse?

You bought the horse believing that it was sound so its not a reach that the seller sold the horse believing that it was sound. You choose not to vet.

The seller sounds like they were very open. They declared the failed vetting, they told their perspective that the horse was stiff and theyve asked to be present when you got the vet.

I'm out as your story has changed quite a lot and your version isnt reliable.
 
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honetpot

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Pony lame after a couple of days, vet gave rest and pain relief for a week with no improvement. Now has said it’s a long term issue which has been going on for enough time to cause muscle wastage on hind quarters. N
So even the vet wasn't suspicious enough to advise taking bloods, despite it not being vetted, and only noticed the wastage on second examination, but its now had bute. I would have at least bloods taken before any drugs were given for a basline.

The pony that I sold was lame on vetting, the vet thought it was nail bind, it had been shod the day before, and advised a couple of day's bute, give it a week and then re vet, the buyer decided not to re vet, bought it anyway, and I put on the receipt the last day it had bute, so if any time the buyer decided that they wanted to claim I had buted it up, I had evidence they were aware.
 

ycbm

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Those saying they would be too scared to sell if the buyer wins this one - you would only be found to be miss-selling if the buyer can PROVE you knew the horse was lame. Eg if it emerged that the horse has been in and out of horspital for investigations throughout 2020 and has arthritic changes/navicular/whatever.

. So there is no risk to honest sellers who just did not pick an issue up.


It would be extremely stressful to be sued no matter whether you have been 100% honest. You can be sued in the small claims court even if the buyer's case is laughable.

Neither is there ANY guarantee that you will not lose, the law can be very fickle.
.
 

brighteyes

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There is always a need to vet it again by your own choice of vet, any existing vet cert is only applicable for the day it was done and vetted fit for whatever previous vetting's client wanted to do with the horse.

And why it's vital to get your horse home to you ASAP after the vetting!
 

Wishfilly

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She is 12 years old. I received her two weeks ago on the Wednesday. I gave her a few days to settle in then just had a walk round the lanes. My lesson was on the following Monday morning. We had just warmed up and were starting trot work when my experienced instructor told me to pull up as we couldn’t continue due to her being lame. I called the vet immediately and she came out the next day. The seller actually came to the vets appointment at her request which I was fine with.

So, when did your friends ride her, and what did they do?

Putting aside legalities, it sounds like the seller has tried to help. If they truly didn't care, they wouldn't have come to see the vets either.

Buying a horse is ultimately a risk. You've bought a horse for £3000 in a hot market and been told it has failed the vet. I think maybe on some level you were deluding yourself, thinking this was all going to work out fine.

Nobody on here can force the seller to take the pony back, so I think you have to decide- Are you going to go down the route of legal advice, or are you going to go down the route of vet investigations? Really, those are your only two options.
 

Ambers Echo

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I think I am being influenced by a couple of recent events at my old yard. A 16 year old had a pony who was lame. She kept being told it was lame. She kept riding it anyway. Eventually the yard owner told her she would kick her off if she kept riding a lame pony. So she turned it away for about a month then put it up for sale. A family came to view and loved the pony. Had it vetted. It failed but it was quite marginal. Seller spun a story, buyers bought the story and the pony. There were posts all over IG of the pony being lame. As in ranty adolescent posts like "Everyone keeps telling me my pony is lame. He is FINE. Why can't everyone mind their own business. I KNOW MY PONY'. Or 'Sigh W.xxx is LAME AGAIN. Just my luck. I want it to rain soooo bad I wanna jump" Etc etc. They were all still there when the pony sold. I checked!

DO I think she should have been made to have her pony back? Yes! She was thoroughly dishonest and I am not sure being a clueless idiot counts as defence!

Pony 2 has never been right. Has been intermittently lame for going on 2 years and has had 2 sets of severe ulcers. Has just finished another course of gastroguard and sulcrafate and 6 months off work. Looked healthy and -presumably due to the extended rest - was sound. They quickly advertised. Thankfully the pony went lame again before it sold. I and everyone that knew the family were FURIOUS that they were selling in such a dishonest way. That pony could have briefly passed a vetting in between injury and pain related ulcer episodes but is clearly not going to be ok for long.

I think sellers do offload their ill and injured ponies and it is appallingly unfair to the next and owner and most of all to the poor bl00dy ponies.

Whteher that has happened in this case I have no idea. But it happens and I think it's awful
 
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