# Deposit paid on horse that's not fit- long! Sorry



## Rlm (16 May 2014)

Hi there. I'd appreciate any advice. 

I paid a substantial deposit on a horse with a view to paying the last few hundred this month. The week before we had him, a horse kicked him and he had a small cut on his leg. The owner called a vet who apparently said it was a small cut and would heal fine. She assured us it was superficial and would heal fine. As we had got to know the owner quite well, we trusted her and she said she would make the vets records available but horse was very healthy in every other way.

we rested him without any riding for 2 weeks while he settled in and noticed the wound area, scabbed over and healed ok but still looked slightly swollen so we kept putting cool packs on it and gently walking him. We noticed that his leg was not getting better and although he wasn't in pain, he started tripping on his leg and as He needed his shoes done we thought that was the reason so got them changed this week.  It didn't get any better so we called a vet. 

She said the injury is much more serious and the kick had affected his bones in his knee, where the wound was. She said he shouldn't have been sold and needs thousands of pounds of treatment which may not work and could not be ridden safely or do anything that we bought him from, I rang the owner and she basically said 'tough' and that we knew the horse was injured so it's not her problem and she wants the balance. We're stuck with a horse that I feel was misold. There's a big difference between a small cut that will heal and a horse that the vet said she would have 'failed'. She says any vet who would have checked the horse but have advised not to sell and she probably wanted to get rid of him. 

Were very gutted as we are attached to him. 

What do you think. I know we should have got an independent check but I never thought this would have happened.


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## AdorableAlice (16 May 2014)

I am a bit confused.  Normal practice is to pay a small deposit to hold the horse whilst vetting is arranged and then pay the  purchase price when the horse is loaded onto your transport.

You seem to have paid most of the purchase price, leaving the horse with the vendor who has allowed a sold horse to get injured.  How bizarre.


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## Rlm (16 May 2014)

Yes I know. We arranged with the owner to pay for the horse in 2 stages, and he got injured in between us paying the deposit and collecting him while we arranged the stabling. She agreed to give us 4 weeks to pay the balance. I do believe that she probably didn't realise the injury was as damaging as it was but it turned out to have damaged the bones in his knee.


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## be positive (16 May 2014)

I don't think you were missold as unless the owner had reason to ask the vet to xray the leg, which it seems she was not advised to by her vet, she would have had no idea how serious a minor cut could prove be, you should not really have taken the horse home until it had recovered and was sound, which in this case it appears it may not, you would then have been in a position to get the deposit refunded.
I think this is a very grey area, you should have insured the horse once you had paid the bulk of the money, then any treatment would be covered, you should have had the horse vetted or at least refused to collect until it was fit, the time between an offer being accepted, deposit paid, balance paid and collection is an extremely stressful time as if something goes wrong at that time it can be difficult to know what to do, most honorable sellers would retain ownership and responsibility hand back the deposit and treat the injury but if the vet had given it the all clear, genuinely, then the owner will feel they have done nothing wrong.

I think I would look into what treatment is required, your post is not very clear on the damage, diagnosis or treatment which will costs thousands? also find out why it may never be ridden safely as that seems rather drastic following what was just a small kick, it may well be that there was an underlying condition that has been aggravated in which case you may have a stronger case to return the horse.

You really need legal advice but it is likely that in the circumstances you will find it will cost more to try and return the horse, unless the seller is a dealer, than to treat him, although I certainly would not be paying the balance.


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## Rlm (16 May 2014)

I do know what you mean. We paid the deposit and was due to collect him a few days later, which is when the kick happened. We let the horse rest a week as that's what her vet advised, but apparently he assured her the horse would be fine. I do believe she didn't know but either way she has sold us a horse that is not fit. 

The vet today says that the bones in his knee have been damaged which means he cannot bend his leg fully back which is why he is slipping. She said that she doubts the vet actually told her that as she did a simple test which he should have done and he should have replicated the problem. She showed us where the bones are touching each other when they are not meant to. He said we could get an X-ray but in his opinion the horse was never fit for sale and even if surgery was done, it's still touch and go if they can repair it. 

She is still demanding the balance and I've told her no way and asked for at least some of the money back as some of it is my own stupidity.


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## Rlm (16 May 2014)

We have only had him 3.5 weeks. So sad


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## Dry Rot (16 May 2014)

This is the scenario I dread when selling any animal. I am so sorry you are having to go through it. I hate deposits and always sell on the understanding that ownership (and responsibility) passes with the money.

I am not a lawyer, but I'd suggest this situation needs to be looked at in two parts. First, there is a legal contract for sale. A price has been agreed, there has been consideration (money has changed hands) and the horse has been sold.

The second part of the bargain is that the seller agreed to look after the horse for you until you could collect. The fact that the purchase price was to be paid in two instalments is not relevant. If they had said they'd send the invoice on for the whole sum, the deal would be the same. The only point that varies is how and when the purchase price is to be paid. That does not affect the bones of the contract in my opinion.

But the seller has a duty of care to look after your horse "as a prudent owner would do". I think it is for you to show that she did not take reasonable care of the horse and was negligent by (a) allowing it to get kicked, and (b) not engaging a suitably qualified vet who failed to diagnose the true extent of the injury. Both a and b are going to be tricky. Under (b), would it have made any difference to the outcome if he had? 

If you are not already a BHS Gold Member, the standard advice is to immediately become one so you can take advantage of their free legal help from a specialist equine vet. Sorry not to bring better news. It's a tough one.


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## Goldenstar (17 May 2014)

I think you need some decent legal advice you bought the horse and you knew it had the defect .
I think they may well be able to claim because of this you assumed the risk.
Really rotten luck and poor poor horse .


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## Rlm (17 May 2014)

Thanks everyone. I appreciate it. It's difficult and we are more sorry for the horse. I think I will try and find a horse sanctuary that will take him as he can hopefully still enjoy his life taking things easy. So sad x


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## Booboos (17 May 2014)

I also think you need legal advice but I suspect they may say that you entered a contract to buy the horse when you paid the first instalment and it was up to you to arrange insurance. If the horse was considered sold to you at the time of the injury it doesn't really matter whether it was a small injury or a serious one, or whether the first vet got it right or not, he was still your horse at the time. Very unfortunate but sadly these things do happen with horses, they can have serious accidents at any time.

As for the sanctuary I hope you find something but my understanding is that they only take welfare cases and that they are full to the rafters anyway. The second vet's diagnosis sounds a bit quick. What are you doing to treat the horse? Does he have an infection? Are you trying antibiotics? If you leave an infection untreated I doubt he will be able to be retired.


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## Rlm (17 May 2014)

Hi. They are saying it's not infected, but skeletal damage due to the kick therefore medication won't help unfortunately. Obviously he's not being ridden or anything. I will try the sanctuaries as I really don't think he's needs to be euthanised. Seems cruel for him.  Never again!


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## Meowy Catkin (17 May 2014)

Legal advice and an X-ray to see exactly what damage has occurred.


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## Booboos (17 May 2014)

Sorry but it still sounds weird. How can they know there is skeletal damage without an x-ray? What does skeletal damage even mean? Does he have a bone chip? That usually needs to be removed, sometimes even for retirement purposes.


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## PorkChop (17 May 2014)

What has the seller said about this new diagnosis?  When are you due to pay the rest of the money?

I agree that I don't think you were mis-sold and these things do happen unfortunately, which is why I never take a deposit for any animal.  I consider them my responsibility until they leave my property.

What a shame you had not taken out insurance when you paid the deposit.

I would take legal advice but I don't think you have any comeback I'm afraid.


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## MerrySherryRider (17 May 2014)

I do not think you were mis-sold either but it's rotten luck. I hope you can resolve the dispute over the purchase price amicably with some goodwill on both sides.
Poor horse, -best wishes to him for recovery and a secure future.


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## paddi22 (17 May 2014)

how can they confirm skeletal damages without an xray? surely they can't predict anything with xraying?


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## Rlm (17 May 2014)

The vet did some tests on him and the bones are touching each other when his leg was bent and they shouldn't be. He was kicked in the knee join area by another large horse. She offered X-rays but says she would be surprised if she was wrong. Insurance wouldn't have covered it as it was a ongoing injury apparently. They can do surgery but it would cost a few thousand. The balance of the horse is due the end of this month, which I won't be paying.


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## AdorableAlice (17 May 2014)

A vet who guesses is no use to you or anyone else.  There are machines that will give a correct diagnosis rather than a guess.  Any joint is a complex structure and needs investigating properly.

Your legal case, in my simplistic mind, is down to when/has title of ownership passed and who has duty of care to the horse. My own thoughts would be title of ownership does not pass until all monies have changed hands, or in the case of an auctioned horse when the hammer drops.  Whose responsibility is the horse, the vendor who has not been paid in full or the purchaser who has only partially paid for the horse.  Who has responsibility for the welfare of the horse.  All very confusing in my mind


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## Rlm (17 May 2014)

That's what I'm thinking too. She has retained the passport until he is paid for. And the full price hasn't been paid. I understand that she may not have known however the fact remains that the injury happened before we collected the horse.


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## Rlm (17 May 2014)

We are now trying it give the horse away as a companion horse so that he can avoid being euthanised as the vendor won't take him back.


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## Zero00000 (17 May 2014)

You need a full diagnosis before you can palm him off, or you will be doing exactly what his old owner has done....


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## luckyoldme (17 May 2014)

Rlm said:



			We are now trying it give the horse away as a companion horse so that he can avoid being euthanised as the vendor won't take him back.
		
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I dont want to be unkind to you but if you dont want to take on the vet bills why would anyone else?


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## Penny Less (17 May 2014)

Re people who mentioned insurance, most companies don't cover you for the first fourteen days after insurance taken out anyway.


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## Darremi (17 May 2014)

Rlm said:



			We are now trying it give the horse away as a companion horse so that he can avoid being euthanised as the vendor won't take him back.
		
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You need to be careful with this route. It may seem like the "kindest" option, as you think you are avoiding having the horse pts. However a physically unsound horse such as this could end up being sold on and used for riding at some point in the future. Is this really fair? A difficult decision either way.


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## STRIKER (17 May 2014)

Do the right thing if you are not going to get a vet to xray and see the true damage or pay for possible surgery do not leave a crippled horse to become arthritic and suffer all his life, so pts, do not pass him on to others to watch him go down hill.

I dont know how experienced you are with horses but it really is the kindest way to treat a big animal who relies on humans to make their life easy


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## Rlm (17 May 2014)

He doesn't require any treatment, he just can't be ridden much that's all. I really don't want him to be pts, he's only 5 years old. I will have to think about it. Thanks for your advice everyone


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## luckyoldme (17 May 2014)

Rlm said:



			He doesn't require any treatment, he just can't be ridden much that's all. I really don't want him to be pts, he's only 5 years old. I will have to think about it. Thanks for your advice everyone
		
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Such a difficult position to be in :-(


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## Rlm (17 May 2014)

luckyoldme said:



			Such a difficult position to be in :-(
		
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It's my worst nightmare to be honest. All we wanted was a horse for my daughter to ride. It's her first horse and she's heartbroken. Plus because we have paid out so much for the horse she won't be getting another on due to finances. Shame but we've learnt the hard way.


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## L&M (17 May 2014)

Welcome to the darker side of horses!

Can I ask did you have a contract/sale agreement when you paid deposit on the horse? If not lesson learnt, if so phone the BHS or CAB for their advice. You need to establish who owns the horse before you can proceed.

Please do get a proper diagnosis on this horse from a reputable equine vet - no decision can be made without concrete evidence that the horse can/can not make a full recovery.

If the horse is 'broke' then please consider pts. There is a horse welfare crisis in this country if you haven't already heard - all the charities are full to bursting and horses are being abandoned up and down the country. It is very unlikely you will find a home for a permanently lame 5yr and you run the risk of him falling into the wrong hands, and possible being sold on to another unsuspecting owner. Please do the right thing, regardless of any monies involved, as the horses welfare HAS to be the priority over lost finances and pride.


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## Meowy Catkin (17 May 2014)

I really think that you are being hasty. You have two options IMO, the first is to get proper legal advice to see if you can force the seller to take him back and to refund you. The second option (if 1 isn't possible) is to get the X-ray done to see if the Vet is correct or not. I couldn't write off a five year old without investigating the injury properly.


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## Rlm (17 May 2014)

Thanks, I have registered with bhs today so I'll call them on Monday. I'm also waiting for the vets report, I'll go from there then. Thanks


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## Clodagh (17 May 2014)

If you haven't picked him up yet surely you could just leave him where is is, write off the money you have paid out so far and leave the owner to deal with it.  However I am sure legal title hasn't transferred to you as you haven't paid the balance, but what you would spend trying to get it back would probably outweigh the amount (unless it was thousands).
Please someone get a vet to look at him properly, though, poor thing. I am always impressed by vets with x ray vision.


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## paddi22 (17 May 2014)

please get an xray done before you write the horse off. I'd be wary of a vet who would diagnose a joint issue without xray. a companion home might sound like the fairest thing but the horse could have pain or arthritic issues with the injury and retirement for the next 20 odd years mightnt be the fairest option. 
what a horrible situation for you, so sorry about it. really hope it gets resolved.


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## Rlm (17 May 2014)

I've already got the horse. The payment remainder is due at the end of the month To be honest, I'm not bothered about getting my money back,might don't want to have to get him pts, it's not the money but I don't want to make that decision. Plus, if I don't fully own the horse, how can I decide to do that. Confused. I will have to get legal advice on Monday.  I just want her to come and pick him up so I can put this mess behind me


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## L&M (17 May 2014)

Sadly part of being a 'responsible' owner IS 'having to make that decision' - sorry to sound brutal but if you are not prepared to do that with this horse, or any other further down the road, then maybe horse  ownership is not for you.

What you need to first resolve is whether you are the owner before any decisions can be made.

Good luck and will be interested to hear the outcome legally.


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## Booboos (17 May 2014)

You may want to clarify whether you paid a deposit or a part payment. Usually people pay a deposit for the horse to be taken off the market while they arrange a vetting. If the horse passes the vetting the agreed price is paid, if not the deposit is usually returned. If you paid a part payment then I think you may owe the rest of the money regardless of the current state of the horse's health.

And sadly, as above. If it is your horse you need to sort out its future. The only secure options are either to pay for grass livery or to have it PTS. Expecting someone to take an injured 5 year old as a companion for the next 15-20 years is very unrealistic.


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## suzysparkle (17 May 2014)

This is a very odd situation and definitely legal advice is needed here. I wouldn't have thought ownership changed hands until full payment is made. If that's the case then you should be able to return the Horse. 

If however it transpires that the Horse is indeed yours then you absolutely need to get a proper vet investigation done. I just can't believe a vet would make a diagnosis like that without an X-Ray. If they are adamant then you need a 2nd opinion. Re insurance, yes it would be covered as it was an accident. It's only illness which isn't covered for the first 14 days. Was the Horse insured at the time it happened? 

If after a thorough investigation the Horse will never be sound then the kindest thing (unless you have loads of grazing and money!) is to PTS. As someone above has said you must be capable of making that decision as a Horse owner. Far too many ride-able Horses can't find homes let alone those that can't be ridden. Selling on may also result in the Horse being drugged to get through a vetting, sold on and basically leading a miserable life. This is not fair on the Horse and many don't take to being companions, especially at that age.


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## Rlm (17 May 2014)

Thanks. I will update after taking some advice.


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## Equi (18 May 2014)

I sold my horse the day after he went gaga in the field and injured his leg. I was honest and said if he's lame he's not leaving me but he trotted up sound and the buyer was happy to take him on. To me that's that I've done my bit. If she had then turned around a week later and said he's still injured I want a refund I wouldn't have to give it cause she decided to take him knowing he had been injured.


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## Custard Cream (18 May 2014)

How can a horse go from needing 'thousands of pounds worth of treatment' to 'no treatment'?

Whole story sounds odd and I don't think we're being told the whole truth. 

Any normal person would be instigating x rays as the first port of call. Your vet sounds rubbish if it is true that they are diagnosing skeletal damage without any proper testing. Do they have x ray vision? Is the horse not insured?


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## Rlm (18 May 2014)

I have not been dishonest so please don't say that. 

The vet said the injury would cost thousands, if it worked at all, to bring him back to a rideable state. If he's not being ridden then treatment isn't really critical. 

The vet did suggest an X-ray to confirm what she already thinks but when we explained the circumstances she said to take the horse back rather than pay in excess of £300. Seller said this horse that was promised to make a full recovery and her vets had 'confirmed that'.she welcomed us to do a check which she said 'he would fly' when he'd settled and we did so.


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## sandi_84 (18 May 2014)

Sorry for the confusion but are you saying after the horse was injured you were offered a vet check?
Did you then have one done and that was when your vet suggested there was more to the injury that at first it seemed?
When your vet offered the x-ray did you decline?


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## Rlm (18 May 2014)

The horse was vet checked checked by owner few weeks before sale. She said all was ok and we could have access to report so we didn't really need another vet check,  Then the horse was injured, she got him checked and said he was fine to go but vet didn't want him to travel for a week but had no report. Again she said vet said cut was no issue. We said we would get our own check done at new yard. He had to move that week due to her stable lease expiring. We got the vet check when we moved him and you know the rest.


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## sandi_84 (18 May 2014)

May I ask  why you didn't vet check prior to paying any money for him and have you actually seen her vets report?

Sorry it's just when a seller vet check with their own vet and tells the buyer the horse checked out 100% it's usually a scam. This is why buyers are meant to have an independent vet check done themselves.


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## Rlm (18 May 2014)

We'd spent so much time getting to know her that we trusted her. We had him checked as we agreed when we bought him. I'll take legal advice and see where I go from there. Thank for replying. I do appreciate it.


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## sandi_84 (18 May 2014)

I'm sorry but it very much sounds like you've been taken for a mug by this seller  Sadly it is always best to assume the worst of horse sellers, if you've only met this seller through the purchase of this horse you can't assume that because she comes across as a nice person she will be honest. To be honest from what you've said so far she actually doesn't seem that nice at all


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## MerrySherryRider (18 May 2014)

What part of the country are these vets based ? I need to avoid them.


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## suzysparkle (18 May 2014)

I would have to agree. Out of interest is this seller a dealer or a private seller? It should be fairly simple to establish by googling her name. As for her own vet, I'm thinking this Horse was probably never seen by one in the first place. Were you there when the vet attended the Horse? If a Horse is for sale the sellers own vet should refuse to do any sales vetting. Certainly that has always been my experience. 
This comment you made is also a cause for concern 'He had to move that week due to her stable lease expiring'. That alone would set off alarm bells for me.


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## be positive (18 May 2014)

I cannot think what the injury could be that would require such expensive treatment yet without treatment the horse will not actually suffer by being left, most injuries will heal given time but not many that require extensive treatment will be pain free and fine to leave yet will never heal properly.

I would be interested in the diagnosis, in the vets words, as it still sounds a very unusual situation where the diagnosis is based on the vet feeling the damage rather than using xrays, one of my horses had a completely wrong diagnosis done by a vet who felt damage where there was nothing wrong yet missed the true reason for him being lame, later confirmed by xrays which she had felt were not required. A few xrays are not overly expensive, about £40 each, you probably only require 1 or 2 to get a good clear picture which may end up showing the damage is not as bad as feared, a 5 year old must be worth a spending that on even if it just confirms the worst and makes a decision to pts easier.


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## dunkley (18 May 2014)

L&M has made some very good points.

Unfortunately, the age of the horse is largely irrelevant   If it is unrideable, and unfixable (after proper diagnosis and xrays) then my opinion also is that it should be PTS.   It would be wrong to ask any sanctuary to take it, because they are, as already said, overflowing with genuine welfare cases.  If they DO have space, it should be used by one of those, not an unrideable 5yr old that will clog up that place for many, many years.   Likewise, giving away as a companion may make you feel better, but again, even if you find a 'good' home with someone you trust (sadly, you trusted the vendor, and that didn't go well) circumstances have a habit of changing over a period of 20/25 years, and there is no guarantee that he will remain where you send him.   There are far, far worse things that can happen to a horse than PTS - it is the only way you can be certain that he will not end up in a spiral of neglect/ridden/further injured in the future.  Awful decision, but one we as responsible owners have to be prepared to make. 

I am very wary of the current trend of paying by installments, for this very scenario.  Pay a deposit to prevent the horse being sold, get it vetted by YOUR vet, then pay the balance.  If you cannot afford the balance, then get a loan.  If you are going to owe anyone, owe the bank - then at least there is no dispute as to who actually owns the horse at any time.

Hindsight is a wonderful thing.

Good luck tomorrow.


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## Rlm (18 May 2014)

Thank you all.some things to think about.  Will let you know.


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## Flyermc (18 May 2014)

Xrays shouldnt cost that much. The last set we had was something like £40 for the first and £20 each after that, we only needed 2 and i think the bill came to £83 including call out. All this stress could be over nothing. i once had a vet out to a very lame pony, she nerve blocked his feet, then fetlocks and he was still very lame. She looked at his hock and was thinking he's fractured it! Anyway it was nothing of the sort and he was back to himself afew days later.


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## criso (18 May 2014)

Rlm said:



			The vet did suggest an X-ray to confirm what she already thinks but when we explained the circumstances she said to take the horse back rather than pay in excess of £300.
		
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I wonder if the vet is suggesting that if the horse could possibly still belong to the seller, the OP sends it back to get the diagnosis rather than spending the money getting the injury investigated.  More pushing the responsibility back to the seller rather than saying it doesn't need  x rays and treatment.


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## Houndman (19 May 2014)

The legal status is that horse remains the property of the seller until paid for in full.

This means that they are responsible for it and it is also their responsibility to cover on their insurance etc.  The horse was on their land under their care.

Therefore the horse is not going to be received in the condition that it was seen when the sale was agreed, and the defect has occurred when in their care.  You have the right to have your money returned in full (but not anything you spend on vet inspections etc).

You would therefore have grounds to sue them for the return or your money under the small claims court system.  I would speak to a solicitor before jumping straight in and filling out an N1 form to make sure you fill it in correctly.

What you are saying in the original posting is not that you have paid a deposit but that you have made part payment.


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## Dry Rot (19 May 2014)

Houndman said:



			The legal status is that horse remains the property of the seller until paid for in full.

This means that they are responsible for it and it is also their responsibility to cover on their insurance etc.  The horse was on their land under their care.

Therefore the horse is not going to be received in the condition that it was seen when the sale was agreed, and the defect has occurred when in their care.  You have the right to have your money returned in full (but not anything you spend on vet inspections etc).

You would therefore have grounds to sue them for the return or your money under the small claims court system.  I would speak to a solicitor before jumping straight in and filling out an N1 form to make sure you fill it in correctly.

What you are saying in the original posting is not that you have paid a deposit but that you have made part payment.
		
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Mayson v Clouet 1924. Cheshire & Fifott, "The law of Contract", page 513.

"Where the intention was that the money should form part payment of the full amount due, then as we have seen, if the contract is rescinded for the payer's default, the payee is required at law to restore the money, subject to a cross claim for damages. If, on the other hand, the intention was that the money should be deposited as earnest or as a guarantee for the due performance of the payer's obligation, the rule at common law is that if the contract is rescinded by reason of his default the deposit is forfeited to the payer and cannot be recovered (Dies v British and International Mining and Finance Corporation ltd".

A few "if's" and "but's" follow but the advice to see a lawyer still holds good. I wouldn't be too keen to rush into court relying solely on the above.


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## Dry Rot (19 May 2014)

Houndman said:



			The legal status is that horse remains the property of the seller until paid for in full.

This means that they are responsible for it and it is also their responsibility to cover on their insurance etc.  The horse was on their land under their care.

Therefore the horse is not going to be received in the condition that it was seen when the sale was agreed, and the defect has occurred when in their care.  You have the right to have your money returned in full (but not anything you spend on vet inspections etc).

You would therefore have grounds to sue them for the return or your money under the small claims court system.  I would speak to a solicitor before jumping straight in and filling out an N1 form to make sure you fill it in correctly.

What you are saying in the original posting is not that you have paid a deposit but that you have made part payment.
		
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Mayson v Clouet 1924. Cheshire & Fifott, "The law of Contract", page 513.

"Where the intention was that the money should form part payment of the full amount due, then as we have seen, if the contract is rescinded for the payer's default, the payee is required at law to restore the money, subject to a cross claim for damages. If, on the other hand, the intention was that the money should be deposited as earnest or as a guarantee for the due performance of the payer's obligation, the rule at common law is that if the contract is rescinded by reason of his default the deposit is forfeited to the payer and cannot be recovered (Dies v British and International Mining and Finance Corporation ltd".

A few "if's" and "but's" follow but the advice to see a lawyer still holds good. I wouldn't be too keen to rush into court relying solely on the above.


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## Rlm (19 May 2014)

Thanks both. I do appreciate it. I'll take your advice and seek legal. Thanks again


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## Houndman (19 May 2014)

The bottom line is that the horse was under their ownership, not yours, when the injury happened so they are responsible.  Also the horse is not yet your property as full payment has not yet been made.

As far as I understand the situation should be that as the horse is not in the condition when the sale was agreed, they are unable to fulfill their obligation under the terms of the original contract now and so the original contract is void.

This is as I understand it for material goods and the details may differ for livestock.  As stated, seek legal advice.

If it were me selling the horse (being an honest person), I would have the horse written off, claim on my insurance and refund the buyer without being asked, but that's just me.


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## Rlm (19 May 2014)

It's a shame there are not more people like you!


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## sandi_84 (19 May 2014)

OP did you get my PM?


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## Rlm (19 May 2014)

Hi. Yes I've just responded. Thanks


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## Houndman (19 May 2014)

As an aside note regarding terminology and unconnected to the discussion - please remember that possession is not the same as ownership.  For example if I loaned something to a friend, I would still own it, it would be in their possession whilst on loan, but still be my property.  The person in possession is usually legally responsible for it (example lost library books have to be paid for).


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## ihatework (19 May 2014)

Was this horse 'purchased' from a trader or a private seller? That may end up having a bearing on how easy it will be to return the horse (a trader being theoretically easier).

First step - legal advice pronto.
You need to establish a) if you own this horse with/without final payment and b) if you are obliged to make the final payment.

If I were in your shoes then I would be working quickly to get pressure on the seller to have them take the horse back soon (you cannot leave this horse without veterinary intervention for long).

If the process is looking drawn out then IMO you have to take some veterinary intervention. You have taken on a horse, and with that comes the potential for veterinary bills. You have been unlucky, but that does not change the fact that this horse needs x-rays to find out the extent of the damage. Only then can you best guage what this horses future might hold. You may not like it, but I'm afraid you owe it to the horse. I'd be changing vets personally.

Passing this horse off as a companion to someone is not an option at this stage. You don't even know if you own it.

Good luck, just remeber there is a living creature at the heart of this, one that at this moment relies on you.


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## Houndman (19 May 2014)

Do not do ANYTHING before getting legal advice.  DO NOT make any final payment as this could be deemed as acceptance!

Also do not fall into the trap of getting too sentimental over the horse!  It should not be your problem dealing with it.


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## Rlm (19 May 2014)

Thanks everyone! I have gotten advice and I'm pleased is all I should say. I now need to write letters . It's not over yet but at least I know where I stand


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## luna88 (19 May 2014)

I myself was in your situation granted I'm only loaning my horse but he became unrideable within a few months whom by then I've fallen in love with this lovely boy all I can say is without investigations you don't no what your dealing with and at 5 yrs old he's a young horse which you seem to be writing off without proper veterinary investigations as horse owners and were legs are concerned we always think the worst. My boy who we thought was completely written off has now been out for 3 months on 24/7 grazing a my vet is being optimistic about him returning to work so dnt give up on your little chap yet


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## Fides (19 May 2014)

Glad you have got some positive advice. When you have more info could you update the thread as it would possibly be helpful if anyone else is in the same situation.


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## Rlm (19 May 2014)

Yes I definitely will update the thread.


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## Rlm (19 May 2014)

luna88 said:



			I myself was in your situation granted I'm only loaning my horse but he became unrideable within a few months whom by then I've fallen in love with this lovely boy all I can say is without investigations you don't no what your dealing with and at 5 yrs old he's a young horse which you seem to be writing off without proper veterinary investigations as horse owners and were legs are concerned we always think the worst. My boy who we thought was completely written off has now been out for 3 months on 24/7 grazing a my vet is being optimistic about him returning to work so dnt give up on your little chap yet
		
Click to expand...

I do know what you mean, he is young and we do love him. He's a first horse so keeping him with such uncertainty hanging over us seems daunting to say the least. But we have a little way to go before any decisions are made. I'll keep the thread updated as we go along x


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