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  Discussion on Return of Security deposit on horse not purchased-unethical business practice
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New Member:
Pamckay

Posted on Thursday, Sep 29, 2005 - 8:22 pm:


BJs Spotted Saddle Farm- keeping security deposit and unethical business practices

Normally I would not name a business that I had an issue with, but since this seems to be a pattern with this place, (see note from 12/2004) I believe others need to know and beware if you are buying a horse or consigning a horse. Since this is unfolding, I will update the forum if I succeed in getting my $600 deposit back from this farm. Here’s the story.
I have purchased a few horses over the years, and am not a novice; still I am a trusting person. I give people the benefit of the doubt. I live in the northeast and saw a TW on the “BJs Spotted Saddle Horse” website. I spoke to “Barbara Pigue” the owner and she said it was a consignment horse, that the owner had purchase from her a few years prior, and now was selling. She sent me a video. Since I liked the horse, I set up the vet check for the day prior to my visit, and fly to Tenn. On the morning of the visit, I went there early, and watch from the street them working this horse. At my scheduled time a few hours later I went and the horse was in the stable as if he had not been worked. The worker rode the horse around walk, gait canter, and the horse was tripping and limping. Barbara claimed he had a lose shoe, and that he needed to have his feet trimmed. He had colt shoes on, (heavy shoes) but was a trail horse. It was clear the horse had an issue; his tail was to the side as he gaited. I rode him with the worker, but only wanted to walk him, because I knew something was wrong. When we returned, the trainer was there checked his hoof, and pulled a 2” nail from his hoof. There was a hole. By this time the ankle was swelling. I told them I could postpone the vet check the next day, and they said no have the vet come. Next morning, the vet checked the horse; he was tripping and limping, but willing, even on the flexion test. The vet said his foot had gotten infected and clearly had a swollen ankle. He could not pass the horse in that condition. I agreed we could re-check the horse in 5 days, and I wanted x-rays on that hoof. Since Barbara did not want to pull the shoes, I paid her $40.00 to have his feet done, and $20.00 to trailer the horse to the vet the following week. This alone was an indication that she did not care about this horse. A week past, the vet called and told me the horse passed the exam, but that the x-ray showed an old injury and early stage arthritis. I know that a horse can still be used for trail (he was only 7), but decide to get a 2nd opinion. I had the vet send the x-ray to my vet. This took a week. All the time communicating to BJs telling them what the next step would be for us to make a decision. My vet confirmed the injury. I made an offer 12% less than the asking price, and Barbara said the owner turned it down, no counter offer. She refused to provide the owner’s name to me, and I suspect the owner does not know this horse was injured. A few days later I made an offer to pay full price, only if my trainer could ride and check the horse on her visit to Tenn in a few weeks. BJs would have to trailer the horse a few hours to my trainer, and I would pay for the tailoring if we thought the horse was fit, and then I would pay asking price. A day passed and Barbara told me she sold the horse. I asked for my $600.00 deposit, and she has refused. There was never any written or verbal communication that the deposit was going to be held, and she has lost no money by my taking extra days to get a 2nd opinion. Obviously there will be a small claim filed; but beware when dealing with this women “Barbara Pigue” I can only say I hope the new owner of “Color’s Get You Some” Liberty , does a google search and finds this forum. The horse has an injury, should be x-rayed and not ridden hard, he will go lame sooner rather than later. So the question is, what is the standard practice for a security deposit; if you make an offer on a horse, and the offer is refused. I think this is an area that should have been discussed upfront by BJs. The fact that they made no mention of their policy leads me to beleive they are using this "grey area" as a ploy to keep people's money.
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Moderator:
DrO

Posted on Monday, Oct 3, 2005 - 9:49 am:

Hello Patricia,
There is not a standard policy for security deposits so your admonition that this should be discussed and agreed on before hand is right on and I would also say that a signed written agreement that outlines the verbal agreement is the only safe way to proceed.
DrO
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