# New horse nightmare- buying from an agent



## Aam (2 August 2013)

In may we purchased a lovely grey mare as a mother daughter share. The horse was advertised on a reputable BHS approved yard and the write up on the website was very good and explained how the lady prided herself on selling horses and finding homes for them. The horse advertised sounded perfect, we tried her and she was. We decided that we would purchase her following a 5 stage vetting.

The horse was owned by someone else but advertised for sale by the 'agent' and was even on her website as sold by herself. 

We got the mare home, to cut a long story short she reared and had me off the first time I rode her. She continued to rear and became naughty under saddle. It took 3/4 weeks to discover the mare had kissing spines, a pre-existing condition. The agent must have known. 

We are now stuck with a mare in the field, waiting for a response from solicitors. 

Does anyone have any experience with this or similar situations when buying from an 'agent'?


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## Mrs. Jingle (2 August 2013)

It seems odd that she passed a 5 stage vetting just a couple of months ago. And I assume she was OK to ride when you tried her? Did you have bloods taken? Hopefully you did and you can now ask your vet to check for any signs that the horse was buted up for you to ride without her feeling the pain in her back. If the tests come back positive for bute or any other drug then you have an open and shut case IMO.


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## Aam (2 August 2013)

Yes all fine to ride her when tried before purchase. The vetting was done and passed 6 days before she first reared with us, this was the first time we rode her at home. The bloods were taken at the vetting and have come back clear  so we have no idea how the kissing spines was hidden when we rode her and during the vetting.


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## frah (2 September 2013)

Yes I had a similar experience.  It went to court and we won the case but we never received a penny because she became a "man of straw". (That's the legal term for having (or saying that you have, no money) and then she went bankrupt.  What I can tell you is that if you gave the agent (dealer) the money then she is the one to pursue rather than the owner.  The agent may advise you to take up issue with the vet though.  If it goes to court the judge may point out to you that you took an element of risk - after all you were buying a live animal not a bike.  Also remember solicitors interested in low key horsey affairs are few and far between as its not mega bucks for them is it?  With hind sight I would say cut your losses and don't take the matter further - happy to help if I can.


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## Dry Rot (2 September 2013)

Sue the vet. They should have professional indemnity insurance. That's why you get a vetting done.


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## frah (2 September 2013)

Still not sure you would win?  What chances does 'Joe Public' have against a vet with a large insurance company supporting him or her?
The dealer (agent) of course will advise that you take up issues with the vet as this deflects the problem away from them.
I am wondering how many times the horse was tried before the sale was agreed?


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## s4sugar (2 September 2013)

Who chose the vet? Is there a second sample of blood for dna checking?


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## cptrayes (2 September 2013)

Aam said:
			
		


			so we have no idea how the kissing spines was hidden when we rode her and during the vetting.
		
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Steroids and local anaesthetic directly into the spine. Probably won't show on blood testing.

Worked for three weeks in my horse, normally works for about six months.

My guess is the owner didn't tell the agent. Can you get access to the horse's vet record somehow? Unlikely, but worth a try if they have nothing to hide.


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## frah (2 September 2013)

Again, just because of hind sight I would never have a vetting done by an inexperienced vet.  For me the vet would need to be chosen by me and older and wiser all the way.


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## Pinkvboots (2 September 2013)

I am sure you could try and get the horses previous vet records, look on the passport see who did the vacinations and take it from there, I would sue the vet in this situation I think the blame lies with them.


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## cptrayes (2 September 2013)

Pinkvboots said:



			I am sure you could try and get the horses previous vet records, look on the passport see who did the vacinations and take it from there, I would sue the vet in this situation I think the blame lies with them.
		
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How is the vet to blame if the horse was fine to ride during the vetting?

My horse is in hospital right this moment for a kissing spines operation. Until a few weeks ago he we would have passed a five stage vetting with no problem.

Vets cannot release records unless the person who paid the bill at the time agrees. This buyer needs to speak to the owner to get that permission.


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## frah (2 September 2013)

cptrayes said:



			How is the vet to blame if the horse was fine to ride during the vetting?

Good point.  I think there is an " at the time of the vetting" type of clause that supports the vet all the way.  Best go back to the agent and appeal to her good nature (if she has one), try to avoid legal bills if possible.  Maybe seek advice from Trading Standards as this issue may come under Sale of Goods Act or what ever its called.
		
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## benson21 (3 September 2013)

When I bought a horse back in 2009, I thought I was buying it through an agent, she told me she was selling for someone else who was pregnant, partner had left and she had lost her job, a real sob story. After numerous problems it turns out I was completely done over, she was a dealer, as I know now, a very dodgy one and its now all in the hands of the Police.
I just hope the same hasnt happened to you.


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## YasandCrystal (3 September 2013)

I got duped into buying a broken horse. He had a 5 stage vetting. To be fair to the vet unless you have xrays a vetting can never be 100%. The point of a 5 stage vetting is to mitigate the risk and if something pre-existing turns up it doesn't mean that it was necessarily pre-known! 

I read time after time how a horse suddenly at age 10yrs + transpires to have KS - well how come the horse had been happily ridden in many cases to that point? Does it have to do with the way in which it is ridden and the straightness/crookedness of the horse /rider or combination. There are too many variables. if you are insured OP can you not look at either non surgical rehab which can be extremely successful (talk to Moorcroft TB rehabilitation centre) or at the lnew least invasive operation.


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## cptrayes (3 September 2013)

Aam, assuming you have to keep the horse, if you still like it then your best bet may simply be to stump up the £1500 you'll need to pay for the ligaments to be cut. Mine's at the hospital for it to be done today. The prognosis is really good for a younger horse and it would be cheaper for you than getting rid and buying another. The rehab is only six to eight weeks too, very different from the old op where they sawed out the bones.


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## Aam (12 September 2013)

We brought the horse from the agent as she had a good website she is a registered BHS livery yard and teaches for pc, BHS and some BE. She herself is competing to a high level. She prides herself on matching horse to rider. 

She is very experienced in what she does- someone suggested that horses can be ridden through the pain if a rider is dominant. I dread to think what the mare has gone through. 

We can't go against the vet as is can only be proven by X-ray, she could have been fine in the vetting. The vet was not the agents vet and was from an experienced and highly regarded practice. 

We could get her operated on but this happened so quickly after having her, there are other issues with her which with time you could work through but we didn't buy a problem.


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## frah (13 September 2013)

Aam, you may want to almost give your mare away as a companion or for very little money,  advertise her and start again. I would say do this and accept the loss as it works out cheaper than keeping her and going the legal route. Even if you have a solicitor you are allowed to mitigate your loss.
BHS may have some tips for you on how to make sure she stays a companion and is not ridden by some dodgy person.
You always say 'agent' but straight up she is a dealer and she needed to sell that horse on.  Often top completion riders also deal to make a living.  Approx 1 in 10 horses that they sell will be a dud even if they are the best dealer in the world.
If it were me I would potentially buy from a pony club website or a horse rescue place next time. I hope things work out for you and the mare.


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## Toodlepip (26 September 2013)

I recently sent a horse back to the agent we bought him from 3 years ago to compete and then sell for me.  Despite the fact that the dealer in question knew the horse well, and even though I not only told her that he did not hack alone, but put that fact in writing, she still sold him as suitable for hacking alone.  To cut a long story short, he was totally unsuitable for the person she sold him to and was returned to the dealer at the end of the trial period.  We later discovered that she had in fact sold him for a considerable amount of money more than she told me she had.....  Needless to say we bought him home, got him settled and then sold him ourselves being very honest about the fact that he does not hack alone and is not "always chilled and relaxed".  This was an agent that we had known for some considerable time, so I was very disappointed to find her to be so dishonest.


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## Luci07 (5 October 2013)

Just a thought as insurance was mentioned. Let's just say you rang and wanted to treat said mare...I wonder of the insurers would baulk and say it had to have been a pre existing condition a it has happened so soon after purchase...in which case could you ask how they can say that because perhaps that argue meant would stand you in stead with the dealer...


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## Lulup (19 January 2014)

Just wondered how this situation was concluded - I have a friend in a very similar situation and trying to help with decision re. Best course of action?


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