WWYD....missold horse

icee

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hi, looking for some advice!

quite a lengthy post, so thank you in advance for taking the time to read it :)

during lockdown I purchased an 8/yo horse unseen, following the loss of my v old childhood pony last year, who was retired and passed away in her field. I was unable to get a vetting carried out as the vets were not carrying them out. the old owner also told me I was not allowed to visit the yard due to covid restrictions - fair enough. I took a gamble and spent all my savings on this mare (+ a bit extra, as she was actually over my budget). I asked a lot of questions about her to ensure she was right for me and the videos of her being ridden showed she seemed to move nicely, although I appreciate in hindsight these could have been old videos or she could have been bute'd up...you just don't know!!

I bought her in mind that she'd be here with me lifelong. when she arrived at my livery yard she had to be quarantined for 5 days due to worming, then an extra 9 days because her vaccinations had ran out (first thing i'd been lied to about- they were supposed to be up to date) and our yard does not allow turnout without them being done (I managed to get a vet on the 7th day of her being in(it was very hard to get registered just for vaccs, as vets weren't classing it as a priority/emergency at the time), and then she still wasn't allowed out as everyone in my field had to be agreeable for her being turned out). on the fourth day of owning her she walked out of her stable very very stiff and this made me worry - she was walking like a 20 year old with arthritis, but i put it down to being stabled- she was being walked around inhand by myself several times a day aswell as lunged every other day while she could not go in the field. I brought these stiffness concerns up to her old owner who said that this had never happened with her and that my mare was stabled 24/7 with her. once my mare was turned out in the field, she seemed better and less stiff although I appreciate there is a massive difference between a horse being lame and a horse being stiff.

she came without a saddle, so I managed to borrow a temporary one that fitted her and not me- I was at the risk of unbalancing her, so made the decision to only get on her twice, at two different times, to walk a few minutes around the yard and then hop off. when I did this, she seemed OK and had a nice bend/seemed relaxed. my farrier took my horse's two front shoes off as she wasn't doing any work and she appeared to be fine, and my farrier said she had great hooves etc. after a few weeks the old owner agreed to sell me the original saddle and came down with it and rode. she rode my horse well and warmed up etc, popped a few jumps bareback because the girth i had was too large, and would have made the saddle slip. she only popped a few jumps, but my horse then just gave up- literally- with jumping, she had only popped about 4/5 at the most and when she came into a small straight she just walked into it and stood infront of the jump. therefore i opted to call it a day entirely and not to get on as my horse was starting to get wound up and i also still didn't really know her.

generally, on the ground, and to handle, she has the most perfect personality and is very loving- i really love her and she was just what i needed to help me through my grief (I suffered a few losses last year and also have a pretty hard time generally- not looking for sympathy, just trying to provide some context for why I bought her). we've built up a fairly good relationship in the few months i've owned her; she cuddles up to me for ages, is very affectionate and follows me around the field like a lamb.

after a few days, i tacked up and decided to go for a ride. my horse began spinning around the mounting block when i went to get on and quite honestly this frightened me. i'd go to put my foot in the stirrup and hop on, and she shot forwards. i ended up being too frightened to get on and another livery on my yard kindly hopped on instead, walked around and then got off. she agreed to help me get my mare to stand at a mounting block going forwards and i paid her to help me as i really was grateful for the help. the third time the livery helped me, she noticed my horse was lame/not quite right. another livery- who does services on the yard (turnout etc) was of the same opinion.

firstly, i got the farrier out incase to have her re-shod. as soon as she saw what the farrier was going to do, she went ballistic and kept running through us. so we had to leave it. i messaged her old owner and she eventually admitted my horse had only ever been cold shod as she was scared of the smoke. it wasn't just that, she was acting scared all together at being shod.

i then had her saddle checked - it fitted lovely, just needed a bit of flocking.

then i got the physio out the day after the farrier, who found a lot of tightness but nothing to fully explain the lameness. at this stage i got back in touch with the old owner, who quite frankly got a bit nasty and blamed me for the lameness. i kept asking her where she had got my horse from and if she had any history etc, which she refused to share. after some digging i found out my horse had been through the auctions and has had a lot of homes. i even got in touch with her original owners who were horrified to hear she'd ended up at auction and passed around so much.

so i rang the vets and scheduled for her to go into vet clinic to have a full work up. i found out from doing this that my mare had very thin soles and needed shoes- the vet disagreed with my farrier and said that my horse did not have good/strong hooves. after scans, nerveblocking etc we found that my mare had a massive hole in her suspensory ligament which was most likely something i bought her with. her teeth were also checked- surprise surprise, they weren't up to date and hadn't been done for years. they're due again next month because of the state they were in.

following this visit, and a stay in the vets, i got a new farrier who was very patient and with the help of sedative managed to get shoes on- since then, my mare began to walk straighter and sounder.

since then, my mare has had regular physio and at the vets she has had PRP treatment twice and rescans. we went back to the vets at the end of august and found that though the hole has now healed its very swollen/inflamed around the ligament (during the last few weeks of boxrest/controlled turnout, my mare started to get really frustrated.) my vet suggested claiming for loss of use on my insurance, which i didn't add on as i never thought i'd need it!! my choice was a further 12 weeks boxrest (which i didn't want to do- my mare who was usually so sweet to handle was understandably wound up and fed up) or chucking her in a field for 8 weeks and only bringing her in for the vet/physio or an emergency. which is what i've opted for. since turning her out she's like a different horse and is much more chilled.

obviously i'm gutted but a fool for trusting a stranger particularly when money is being exchanged. i received random hate messages off the old owner's friend, telling me i was making the vet visits up and that i was simply scared to ride?! (OK, i was when she span round the mounting block, but come on...). my horse has rescans next month and i'm hoping she can be a happy/light hack at the most. i don't particularly want to have to bute her up just to ride as i don't really agree with that, and i want to give her the best quality of life even if it doesn't end up being long (i appreciate thats morbid but just trying to be realistic). vet is doubtful that my mare will be sound enough for a happy hack but i guess miracles sometimes happen and we never know??

i spoke to a solicitor who said because i'd consistently raised concerns with the old owner from the start, and had a lot of evidence (advert, photos of horse at auction, texts showing concerns etc) i could claim back for vet fees (which are covered by insurance admittedly but its already been split into 2 claims, and is running out. i've paid the £500 excess twice now). or, i could claim back for the price of my horse and vet fees/livery etc but return my horse back to old owner. i am quite attached to my mare now and don't want her passed around again.

is there any point going the legal route, or is it just more upset?
what would you do in my position?

my partner was supportive of me buying her but is pretty gutted for me that i've now essentially wasted a lot of money on a horse that isn't fit for what i bought it to do (low level riding club type horse). i appreciate horses aren't just about riding but it's why i bought her. if i didn't want to ride, i wouldn't have a horse and would just be donating to sanctuaries or rescues.

my horse is now 9 years old and is still relatively young to be written off ridden wise so young although i know it happens. at the end of the day i've been sold a horse where the ad and owner claimed had no health issues or anything wrong, a horse i could get on and go out with straight away. i can't afford another horse and it is a hard lesson learnt. just feel a bit gutted to say the least as i all i wanted to do was go for a ride. if she cost a few hundred i wouldn't be bothered but it was over 3 grand.

my yard is meant to be 24/7 turnout but as the bad weather rolls in i'm sure the majority of those in my field will want their horses in- which is their right, but i don't know if i want to fork out for shavings/hay for a horse that can't be ridden and may aswell spend her life in a field.

TL;DR- missold horse, is it worth pursuing legal action? and what would you do?
 

icee

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nope this hasn't been on fb, i don't use it. initials are different too. no one knows about this apart from H&H and my close friend/partner/vet etc etc

the old owner was a private seller although could technically be classed as a dealer- maybe- she buys and sells a lot of ponies but isn't under any actual business if that makes sense

honestly i haven't heard of many cases where the buyer is successful (in trying to get money back from missold horse) so i'm just doubtful about putting myself through further stress :(
 

Trouper

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Oh dear - I understand completely why you did what you did but these situations are hellish to get out of. For me, the horse always comes first so I would be consulting Tom Beech (the Osteopathic Vet). Have a look at his FB page to see some of the complicated cases he deals with. It is not cheap but compared with what you have already spent - it is! He will give you a holistic view of the horse you have now so you will know what can and can't be done to deal with her. (He holds clinics around the country if you cannot get a personal consultation in the near future). Armed with that information, you will be better placed to decide whether or not you have a case against the old owner and whether you want to take it forward.
I hope you find a solution.
 

Shilasdair

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On the other hand, you bought a really sweet horse who you have grown fond of, for a VERY cheap price of £3k, despite making a few rookie errors.
You have sorted nearly all her problems - her teeth, her vaccinations, and found a decent farrier to shoe her thin soles.
She has been relatively sensible to ride despite being fairly young still, and although she was injured, is now healing well.

Leave her in the field for a while, rest her, maybe take her walks in hand. If you don't want to stable her in the winter - do you have to? Maybe see if anyone else is leaving their horse out for company.
Then when you think she is sound, get the vet out to give her the all-clear and bring her back into work. But do it properly -6 weeks of walk, roadwork first etc.

I think you are on a hiding to nothing trying to get money out of the sellers - although you may have some luck trying to return the horse (but it sounds as though you didn't want to do this). Was the seller a dealer or a private owner? It makes a difference legally.
 

PinkvSantaboots

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I think unless you can prove they are a dealer you don't have much hope.

I wouldn't completely write off the horse yet one if mine had a hole in his suspensory, vet gave a poor prognosis he had prp and 5 months box rest and came sound and has remained so that was in 2015 and his 16 now.

I think if your yard is going to be restricting turnout I would be inclined to look elsewhere or even consider turning away for a year.
 

Roxylola

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Really, yes she likely is a dealer and you could possibly/probably report her to trading standards or the tax office. Realistically, it's not massively expensive to go through small claims - the dodgy dealer page on Facebook is full of good advice about this sort of thing.
It certainly sounds like you may have a decent case. Really, even if you win, are you likely to see any money back? Personally, there is nothing wrong with doing it on principle, but I wouldnt expect to get any money out of them
 

Melody Grey

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I have used the small claims court successfully a couple of times (non horse related affairs). It’s cheap and easy so you have very little to lose in so doing.
It sounds like the seller is a dealer - be sure to screenshot any evidence you have of them
Dealing multiple horses incase it’s suddenly removed when they become aware of your intentions.

just keep in mind though that they may offer taking the horse back as a solution and think about whether you’re prepared to let them do that? You may end up causing a big fuss which is a hiding to nothing, although arguably exposing them might be an end in itself?
 

icee

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On the other hand, you bought a really sweet horse who you have grown fond of, for a VERY cheap price of £3k, despite making a few rookie errors.
You have sorted nearly all her problems - her teeth, her vaccinations, and found a decent farrier to shoe her thin soles.
She has been relatively sensible to ride despite being fairly young still, and although she was injured, is now healing well.

Leave her in the field for a while, rest her, maybe take her walks in hand. If you don't want to stable her in the winter - do you have to? Maybe see if anyone else is leaving their horse out for company.
Then when you think she is sound, get the vet out to give her the all-clear and bring her back into work. But do it properly -6 weeks of walk, roadwork first etc.

I think you are on a hiding to nothing trying to get money out of the sellers - although you may have some luck trying to return the horse (but it sounds as though you didn't want to do this). Was the seller a dealer or a private owner? It makes a difference legally.

thank you for this, i’m really hoping for that to be the case that she can be worked and will introduce her slowly etc. her owner was technically private... after posting this and having a think i just don’t feel like there’s much point going ahead with anything legally.

thanks most of you for your helpful replies x
 

icee

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Don't mind Pedantic - we've tried to tame him, but he remains feral. ;)

i just don’t see the point in commenting if you’re not interested or want to make digs, like fair enough if reading it bores you- just read another thread..

i didn’t have anyone else to talk to about this so thought i’d post here, i guess my post was a bit heavy but needed to get out how i was feeling :/
 

Shilasdair

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i just don’t see the point in commenting if you’re not interested or want to make digs, like fair enough if reading it bores you- just read another thread..

i didn’t have anyone else to talk to about this so thought i’d post here, i guess my post was a bit heavy but needed to get out how i was feeling :/

I know. But it's a forum and anyone can and will answer you. Nutters, trolls, daemons; all life is here.

Sometimes it's the answers that don't echo your thoughts that can be the most useful (not saying that Pedantic's contribution was overwhelmingly helpful on this occasion though :D).
 

icee

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I'm sorry for the situation you find yourself in. However .......... I read only to your third sentence saying that you "purchased unseen"
Perhaps your story will act as a damned big red flag of warning to other inexperienced purchasers.

thankyou, i hope it helps someone!
it was my first (and last) time buying unseen. in the past i’ve always done viewings.. during lockdown i was just really struggling mentally so took a massive gamble.
 

ycbm

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thankyou, i hope it helps someone!
it was my first (and last) time buying unseen. in the past i’ve always done viewings.. during lockdown i was just really struggling mentally so took a massive gamble.

I sorry it didn't pay off, and I think you're on to a hiding to nothing if you sue. But it does sound as if you have a good chance of ending up with a nice horse of a good age who will do what you want. And if you take out the heartache, the worry and the delay to get her fit, she will still be a cheap horse in this climate if she is a nice person.

Can you update us when she's back in work?
.
 
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Equi

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If the seller is private I doubt it goes anywhere unless you can prove they knew she had the ligament injury. Maybe they genuinely didn’t, in which case they in their minds have sold a horse with no issues.
 

P.forpony

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I’m sorry you’ve had such a bad experience, I know people will shake their heads at the thought of buying unseen, but just remember lots of viewed horses can be missold too.

You could have seen her and still been none the wiser, and it doesn’t change your current situation to worry about it now. Buying horses is always a gamble.

Personally I’d be having a chat with your vet about recovery procedure and if ok’d by them turn her away for as long as you can bear. 6 months + in a field can work wonders. Sometimes recovery just takes time.
She sounds lovely enough to make it worthwhile ?
 

PeterNatt

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When a buyer is dissatisfied with a horse after purchase, the law provides them with various routes to pursue a seller.

The buyer may be able to rely on the Consumer rights Act 2015 which provides that the horse sold in the course of a business to a consumer must be of satisfactory quality, fit for purpose and as described. If the horse fails to meet any of these provisions, the buyer has rights including the right to reject the horse within 30 days of receiving it.

The buyer may also rely on representations made by the seller before the purchase, although it is more difficult to do so. This could be an oral statement made when the horse was being viewed or a statement in an advert.

If those statements turn out to be untrue, the buyer can allege that the seller has made a misrepresentation and that the buyer is entitled to damages or to return the horse and seek a refund.

An aggrieved buyer must set out their case in writing, and allow the seller time to respond (and to make any proposals to resolve the dispute) before issuing court proceedings, if no resolution can be reached, the buyer would have to issue a claim form at court to pursue the matter.

The parties will go through a process dictated by the court, which is likely to include exchanging documents and witness statements. At a trial the judge will consider the documents and listen to witnesses. If the parties are represented the judge will also hear from their solicitor or barrister.

The crucial issue in a dispute such as this is almost invariably what was said or agreed before the sale. Buyers will face difficulties in persuading a judge the seller told them something if there is no record. Witnesses memories become jaded so judges are far more interested in documentary evidence. Examples are E-mails, text messages and social media messages. If an issue is important to you it is best to have it recorded in a contract of sale, but if that is not practical, make sure you have documentary record of it.
 

paddi22

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what a horrible thing to go through.it sounds so stressful and emotionally draining for you but if you step back, take emotion out of it and look at it objectively you bought a cheap horse unseen without getting it vetted.
the list of things you mention sound normal - the horse wasn't used to hot shoeing, was stiff after being stabled for a few days, needed its teeth done, was messing at a mounting block, it would;dsn't add to a case against the dealer. they could argue they had no idea of the suspensory. so it could just end up being a stressful, costly mess to bring a case against her. you sound like you've had a stressful time, is there any benefit to adding more stress.

you have a mare you are fond of, and things are improving. as an earlier poster said, time off can be a great healer for horses and there are tons of things you can do (groundwork, inhand, learning massage etc) in the meantime while you wait to see how the mare goes. could you find cheaper grass livery and turn away over winter and look at her again in spring.

I suppose it boils down to
- are you comfortable returning the mare to a maybe dodger dealer and not knowing her fate for the future?
- do you have the energy to fight a legal battle where the odds are probably against you?
 
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