Did you buy him from a dealer? Did you get a pre purchase vetting?
If it was a private sale then I'm afriad there's no come back, I beleive it's a case of 'buyer beware'. If you've had a pre purchase vetting then you may have some come back
If you bought him from a dealer you should have some comeback but you should have had a pre-purchase vetting done IMO. You could find you are on sticky ground, do you have any proof that she said there was nothing wrong with the horse ie something in writing, an independent witness etc?
If you've still got the ad, for instance, and it says the horse is sound (or if it suggests that the horse would be suitable for competition, for example) you might have some comeback. I'm not sure who you could phone to check where you stand. Trading standards perhaps?
I do not have the advertisement but I remember more or less what it said. It was in horsemart so I have asked them if they can send me a copy of it.
My boyfriend was with me when I bought him and I was asking several question and she said that if she does not specify that means that everything was fine. She also said he was suitable for competion.
Surely you picked up his feet? And if its not immediately obvious then it shouldnt cause any problems at all. The only thing that can be tricky is finding a farrier willing to shoe him. A good friend of mine had Grade A showjumper with shivers- it didnt cause any problems at all. I would imagine that without a vetting you wouldnt have much come back.
I have a mare with shivers I got her as a five year old, she is now 16!
I have hunted cross country sj and showed her to a very high level and she was 100% in everything, it wouldnt put me off unless REALLY bad!
Hope it works out for you,
Without a pre-purchase examination it may be tricky but if you don't want to keep the horse (if your vet has said he is unsuitable for what you want to do with him) it would be worth speakign to the dealer. Some will offer an exchange to maintain their good reputation. The chances are she didn't have the horse vetted and may genuinely have been unaware.
Unless your vet has suggested otherwise, do you not think you would keep him anyway? At the dressage yard i work at theres a very good international horse who has shivers. he's ok to be shod (doesnt wear back shoes but few at the yard do) and is ok to pick his feet out if you know what your doing. it certainly doesnt limit his performance! x
first-- you do have a comeback -- if this horse was sold to you as sound = then remeber shes is a dealer and that comes under the sale of goods act if the horse is not advertise as you said
what i mean is you have to get the advert from horst mart ok
then if the horse isnt as it describe then you do have a come back as it then comes under the trading standard laws as not advertised properly -- can then take it to small claims court if she doesnt give you your money back
a horse is a sale able item -- with dealers they a re a business
so - if she refuses then go onto trading standards.co.uk
ring them up and have a chat they will advise you as a horse is a sale - and does come under the sale of goods act ,
trading standards can be google its a free infromation service
as to shivers it depends as to what extent he has it
my daughters horse a grade a has it but still competes with age it will get worse as it is related to him being in a previos life lets say well used-- nerological damaged somewhere
if your vets have diagnoised it and wasnt on advert then advert hasnt describe him properl i cant think for the life of me what the wording is but its an offence and they can be liable if proven but its a lenghty process you need a solictor that deals in equine
disbutes of which if you email me can give you a personal recomnedation of a coupple of companaies
Will is a shiverer, it doesn,t effect him in work, but he lifts it a lot in the stable.
He is shod behind, but it takes a while, and I trot him up on concrete to clear out his hoof as he is too strong for me to hold on to it when he picks it up.
Other than that no problems
if bad enough to be difficult to shoe/ not back up you can claim..."not fit for purpose" and return.
We had a bad experience with a gelding with shivers that "passed" a vetting with very mild shiver..but got worse ( probably due to other problems he had) . He had very poor TB feet and shoeing became a nightmare. If they get any other problem such as a sprain/cut etc it can make treating them difficult to deal with. Performance wise until other issues kicked in...he was great.