Where do I stand ????

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mistque84

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I brought a horse two years ago. the lady told me she had MS and could no longer ride for much longer. she told me he did not have any vices and even worte on rec no vices ...

I then had someone ride him and he reared 6 weeks later. and fractured his pelvis ( i blamed this rider as he had no history of rearing.

After his return to work a year later he then started to rear with different people ( luckly he does not with me )

The other week i decided to look at his race history and managed to track down his owner/trainer.

She then told me his full history. Did not rear at all with her but when they sold him to the lady who i got him from she called her back a month late begging them to take him back cause he had been rearing with her. They were not in a postion to take him back .

She then sold him to me. I told her that i was going to riding him and so was my 14 year old sister

Where do i stand I now know she lied to me and since have seen her out competing .

Raahhhh I love the horse dearly but I would never have brought a rearer or sat anyone else that he can danger

P.s this horse does not just rear he goes straight up and flips back......
 
the only way you'll know for definite is to get proper legal advise. Are you a member of the BHS? If you're not, I'd recommend it, then you can ring their free legal advise helpline.

My gut feeling is no, as you have had her for 2 years. Also you sadi you rode her for 6 weeks before she bucked.... she could have hurt herself in this time. Have you had her checked?

You have found out that she had reared with the old owner, but what was the time frame between the trainers convo with the old owner and you buying her? If it was a period of time then the old owner may have trained the horse out of it and be justified in saying when you bought her she didn't do. Most horses have done something in their past....
 
the old trainer sold the horse to the lady i brought him from in the aug and i brought him in the oct the same year. the trainer is willing to back me the whole way. The lady i brought him from called the trainer back after only a month to say please buy him back.

He has his back done regualy and i had his back checked, teeth and saddle done the week i got him so i know it was none of these.

She lied to me knowing he rears and saying she has M>s and can not longer ride is also a lie as she was competing Sunday at my yard!! it makes me angry i dont want money back but i want her punished for putting my 14 years old sister life at risk of a horse rearing and going over.
 
It was brought for me and my sister to compete. So why should i just keep it simple... People like this should not have horses if they can not tell the truth...
 
Personally I dont think you will be able to get anywhere legally, other than confronting the lady to make your self feel better. I sympathise with you as I had exactly the same situation some years back. I bought a horse from a well known producer of ptps and hunters, I was told the horse had had a year off due to the fact the rider had out grown him. When i tried him I asked if the horse bucked, no I was told. To cut a long story short the horse was a 'bucking nightmare' I phoned the woman 3 weeks later to say this horse was bucking me off every day, no, I was told its you. Anyway perserverd with horse and managed to stay on, year later found out from a friend who worked in the jockey club, no one could stay on said horse, hence sat in the field for a year. Infuriating and yes I could have been injured but it probably happens all the time, unfortunately.
 
After 2 years you dont have a leg to stand on. But to make myself feel better, I would of gone up to her at the show and preferably with an audience of her friends say "Glad to see youre back riding now your MS is cured, would you kindly like to come and demonstrate how to ride the horse you sold me, that doesnt rear!"
Bet you she wouldnt know where to put her self.
 
If she was a private seller and not a dealer you have less of a comeback on her.

Did you specifically ask if the horse reared? If not, she could claim that her written statement saying the horse had no vices meant to her that it didn't weave/crib/box walk etc.

I was told that when buying privately so ask very specific questions.

I would think that after two years you are unlikely to be successful in pursuing any legal action but as has already been said, get some legal advice.
 
eggs said:
Did you specifically ask if the horse reared? If not, she could claim that her written statement saying the horse had no vices meant to her that it didn't weave/crib/box walk etc.

I was told that when buying privately so ask very specific questions.

QUOTE]

You are quite correct Eggs. I have always got my Dad to stand next to the vendor whilst filming me riding a prospective horse with the camcorder and recording me. Dad will ask the vendor does the horse rear? Does the horse buck? Does the horse bolt? Is the horse a good loader? Does it kick? Does is weave? etc, etc. This way you have comeback if the horse you end up buying is obviously a rearer, bolter, etc. Just asking the question "has this horse got any vices?" is not specific enough.
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I wouldnt have thought there was any comeback after such a long time. I once bought a horse which did this i had her PTS as she just wasnt safe.
 
Careful with the MS stuff folks, it's a disease that goes into remission. It's unlikely she's lying about having that, she'd have chosen a "bad back" instead.
 
If the trainer is willing to stand up in court and swear that she asked for the horse to come back because it reared, you have a case. BUT, the only thing that counts is whether the horse is worth less than you paid her for him. If there is no financial loss, there is nothing that you can sue her for. So it depends what you paid, but for a typical ex racer, it's unlikely to have been a fortune. And you ride him fine, which raises considerable doubts about whether it is the horse, or the quality of the previous owner's riding and your other riders' riding. And if the original trainer also says that he had no problems with the horse, it sounds VERY unlikely that the judgement as to any loss of value would come down in your favour, sorry.

She's the kind of seller who brings selling into disrepute and makes life more difficult for everyone. I hope you find a way to let her know that you know what she did, because she's not a nice person.
 
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