Unknowingly bought my Mare in foal; What recourse is available

sorry only read up to op saying she spoken to solicitor and persuing - I just think its a sad world where we sue for everything - ok if dealer had been arsey then maybe sue but he hasnt. He as offered to take mare and refund! Im sorry but I actually feel for the dealer here who sold in good faith a horse from ireland and sorry i know a few people who bought of the boat from ireland at nice price but gained an extra one to. Ok the foaling can go wrong yet you can turn your hrse in field and kicked and broken leg - horses are a risk all time. Im sorry its a sad sad world and as some one said she hasnt been sold with life threatening lameness - OP please think seriously before suing the dealer - accept his offer or just get n with life -
 
If you had a 5* vetting then you should be suing your vet for not testing her for pregnancy.
As someone who did a lot of dealing with Irish horses many years ago, I can assure you that unless a horse was going to cost a lot of money (which then was about £2,000) it was never vetted.
This dealer is probably the same and had no knowledge of the horse before it arrived in his yard.Most dealers have 'buyers' who find horses for them and work in partnership. The one selling takes what he is sent and does the best he can.

As said, your solicitor is probably planning his holiday.

I know from experience if I were buying a mare from Ireland I would have her tested for being in foal.
 
Perhaps she's reading her law books or ringing up her solictor, either way, she's in the wrong, should have sent mare back, don't understand where her logic comes from for sueing:confused::confused:
 
i just find it sad and like said I actually feel for dealer who acted in good faith and faces a court battle that may tar his name and business - harsh if a good dealer
 
where there is blame there is a claim but where in this case is the blame? Certainly not the dealer who seems to have acted in good faith so unless lies are told in court where us the case?

And as for expenses of £700 that sounds rather excessive and unnecessary is this for birthing livery at a stud and if so you as the owner of the horse would certainly be expected to pay the majority of the bill yourself as only extra food and extra observation is due to any foal. If the £700 is claimed to be soley vets bills before the foal has even arrived then sorry I think you are pulling a fast one!
 
babymare said:
sorry only read up to op saying she spoken to solicitor and persuing - I just think its a sad world where we sue for everything - ok if dealer had been arsey then maybe sue but he hasnt. He as offered to take mare and refund! Im sorry but I actually feel for the dealer here who sold in good faith a horse from ireland and sorry i know a few people who bought of the boat from ireland at nice price but gained an extra one to. Ok the foaling can go wrong yet you can turn your hrse in field and kicked and broken leg - horses are a risk all time. Im sorry its a sad sad world and as some one said she hasnt been sold with life threatening lameness - OP please think seriously before suing the dealer - accept his offer or just get n with life -
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I agree, sounds like she wants to have her cake and eat it.

Keep the mare or send it back and have your money back...people like that make me sick.
 
abina said:
mum had a very nasty kick in the field on Saturday just gone, that broke her leg and unfortunatly we had no option but to PTS.
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Heartbreaking. :( My deepest sympathy. Run free, beautiful girl.

scarymare said:
I just hope that you can manage to adjust your attitude once foaly born (and if you can't then please send back the mare).
Get a grip
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Quite! You may have had a 5 stage done, but why didn't you have bloods done? The dealer could claim YOU were negligent in foregoing a blood test. He has offered you a refund, many dealers wouldn't.

Small claims cost £125 to start, depending on the amount claimed and I doubt very much that you would win. I think it is foolish to start a claim and you are probably going to lose, looking at what everyone says. Stupid, IMO.
 
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I would just take the refund, life's to short to battle where no harm has been done.

(actually I would keep the mare, ask the dealer if I could 'bprrpw' a riding horse as an interim measure and be so excited about the foal :) oh yeah and end up keeping the 'borrowed' horse too :cool:)
 
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