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  Discussion on Undisclosed illness in purchase of horse-recourse even if "as is"?
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Member:
4merri

Posted on Monday, Nov 15, 2004 - 7:28 pm:

Hello:
I'll try and make this brief. This beautiful 9 year old TB gelding had been rather a pasture ornament at a huge high profile western barn and they really had no use for him. He was perfectly built for dressage and had the personality of a sweet gentle old dog. He looked healthy, rode ok, but a little off balance on trial; I didn't think much as he had not been regularly ridden in the last several years. My experienced peers agreed. The "big" trainer assured me verbally that the horse was "healthy and sound". She told me he had some minor arthritic changes in his knees and could not be used to jump-ok. She knew this because a prior interested party had him pre-purchase vet checked just a month earlier. She was just relaying the information to me. I wanted to do dressage. The other interested party wanted a big jumping horse. The trainer assured me that he passed all of the criteria, except the knees. I was willing to deal with that. I was willing to accept her word. I was willing to take him "as is" as described in health by her. I fell in love with this horse in every way. I moved him to my barn, let him settle in a week or so, then after about two weeks started lunging him. I never did get on him. I lunged him on a long 30 foot line easily on great footing and noticed from day to day his movements were really off. In the meantime, I get wind through the grapevine (people I never even knew)that this horse had been treated for EPM about 2 years ago. I confronted the previous owner/trainer. She confirmed. "Sorry, I didn't mention it", she says. Only then, stupidly, did I request the previous vet report. Info confirmed, but was given a neuro WNL after treatment. Then as I continue to work him his movement is so off balance that he looks like a bunny moving at a canter, doesn't know where to put his feet, can hardly stand to pick his rear feet,etc. I called my vet to come and do a thorough neuro/flexion test. He failed miserably. Diagnosis: probably never EPM, but Wobbles."Incurable. "Dangerous" to ride. Severe arthritic changes in his knees. Pasture pal or destroy." Now I've only had the horse for less than a month and I'm making decisions about destroying this animal.

Here are my questions. How much does an "as is" contract hold up? Is not the previous owner responsible for providing me with such critical health information on this animal, especially if asked point blank, if it may result in death(horse or rider) or someone getting hurt due to the nature of the illness (off balance)? Could I take her to small claims court for costs incurred (exams for dianosis of balance issues, board while not being able to ride, medications, etc.)? I never would have taken this horse off of her property if I had known from the start he was at one time treated for EPM or any other neurological illness. What is her responsibility and what is my recourse? Thanks. CS
Moderator:
DrO

Posted on Tuesday, Nov 16, 2004 - 7:23 am:

Hello Cynthia,
Laws governing such transactions differ from place to place so to get accurate advice you will need to consult a local lawyer and the devil will be in the details. "As is" generally means without any guarantees but I don't think it will protect a seller from intentional misrepresentation.
DrO
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