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Posted on Thursday, May 4, 2000 - 9:27 am:

I agreed to purchase a pony mare on Sunday 04/09 for $1,100 and gave $200.00 at that time. Seller had an associate deliver the pony on 04/13@ 9:00am. I was calling vet by 9:30am pony acted colicky. To make a long story shorter...pony was diagnosed with an empaction colic. Empaction was between the size of a football & basketball. At this point I contacted seller to make him aware of the situation. We let him know that the vet was recommending surgery which we would not authorize since he still owned the greater portion of this pony. He asked what I wanted to do, I told him I was ready for him to come get his pony. At which he asked if we would want her if she made it, told him not at the price agreed upon. He then spoke with the vet, which told him her findings. Some how at this point it was agreed that we would do what was necessary to save this pony's life outside of surgery. 3days and $586 in vet bills later the pony was euthanasied. The other party was contacted and agreed over the phone to do whatever the vet recommended. All I have is a receipt for the $200.00 showing the $900 balance, written on a scrap torn piece of paper. The situation stands that I can deduct the vet bills from the balance and pay remainder. I'm sorry, I feel he should reimburst me the vet and my $200.00, however, I am willing to give up the $200.00 and pay vet and call it even, chalk it up to a lesson. I feel since I had no part in creating this empaction in this poor pony and I contacted him, this should not be my loss. Any leagal insight would be greatly appreciated. thank you

Posted on Friday, May 5, 2000 - 1:46 pm:

I am sorry for your experience. Obvioulsy the horse was not healthy or "merchantable" or "fit for the purpose intended" (as per legal talk).
However, absent a contract, I am really at a loss for a suggestion--other than small claims court (ususally matters under $2,000 -$2,500 (varies per state).

We just have to start using written contracts in the horse industry. The days when "handsake" agreements were honored disappeared somewhere. Oral agreements, while enforceable, are very difficult to win, absent additional witness corroberation.

Even a mediation/arbitration agreement and no other contract provisions would have helped in this case.

Maybe your personal lawyer has some ideas for you.

My best general suggestion at this point is for you to file a complaint in your local county small claims court (filing feee usually $50-$75).
gg

Posted on Monday, May 8, 2000 - 1:01 am:

It may be that this sale was totally above board. How long had you been looking at this horse before you paid the down payment. Did you do a prepurchase exam? Did the seller not require that you carry insurance while you were paying him out?

With four days lapsing between purchase and delivery, there is a good chance that the seller had no reason to think that there was anything amiss with the horse. I really don't see that you have much legal ground. You do have a contract in the form of the receipt showing a balance of $900. The only thing I think you could get him on is fraud (and this is assuming that you can prove that he knew the horse was ailing before you looked at him the first time)

Posted on Monday, May 8, 2000 - 1:58 pm:

No to a prepurchase exam. We had only spent 11/2 hours with the pony prior to purchasing. However, we already knew the history of this pony and it's previous owners thru our county 4-H program. Seller only had possession of pony for approximately 2 months.
I do believe that on sunday the sale was above board. However, when we made the arrangements for delivery, Seller indicated it would probably be a week to two before he could deliver. We indicated that to be ok, adding we should be able to get our trailer in working order before then we would call before coming to pickup pony. Which to our surprise on wed evening he's calling to have his associate deliver on thurs. morn.

In speaking with the vet, it is very hard for me to believe this pony produced a baskeball size impaction and became as dehydrated as she was within one evening, and was not showing signs of distress before she was delivered to me.

My feeling and no, I cannot prove it, is that they knew she was ill and didn't want to mess with the whole ordeal and dumped her as soon as they could. They probably figured a shot from the vet would fix the problem and that would be the end of it. Again there is no proof, just little things that when you put them together, gut feeling, tells you they knew.

What really gets me is, for the fighter this pony was, had they gotten her the attention she needed as soon as they saw symptoms, she'd probably be with us today.

I really don't want to get him on anything. His last offer to me is to deduct the vet bills from the balance and pay the difference. I am willing to loose the down pay of $200,pay the vet bills and call it even. I need to know more about what actions he could possibly take against me and what it could possibly cost me. Also if there is a chance there could be a ruling in my favor ( you may not have enough info to address this). With this information I'm trying to decide whether to pay as he is asking, or take my chances in court.
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