Need advice...how to get someone to honor guarantee

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Cooper
Posts: 4
Joined: Wed Oct 10, 2012 10:40 am

Need advice...how to get someone to honor guarantee

Postby Cooper » Wed Oct 10, 2012 10:54 pm

We purchased a horse in March at a sale in AB, he was one of the high sellers. My husband spoke to the seller before the horse went into the ring and he guaranteed him 100% sound and broke...the next day we tried him out and he was travelling oddly. We contacted the seller and took him to a vet (that he knew & agreed to & actually offered to pay for) for a lameness test. The vet found he was not sound and it was not due to recent injury. We relayed this to the seller and tried to arrange to meet as he was willing to honor his guarantee. It is now 7 months later and we have repeatedly tried to contact him...we have found out (not from him) that he is south of the border till the end of the year. Over the past months we have kept the horse in a separate pen so as not to be injured by our other horses, dewormed, west niled and had him trimmed. Are we being taken advantage of or worse... victims of fraud? This seller is a member of the NRCHA and is listed as a trainer. Do we expose him as a fraud or contact a lawyer? He has had numerous opportunites to contact us and at least let us know when he will honor his personal guarantee. We have called, texted and emailed him. The worst part of all this is the horse is an awesome, beautiful guy and the vet prescribed injections for his knees which we did not get because we assumed the owner would have picked him up and he would be treated by now.

huey
Posts: 1021
Joined: Thu Mar 24, 2005 8:11 pm
Location: southern alberta

Re: Need advice...how to get someone to honor guarantee

Postby huey » Fri Oct 12, 2012 9:20 am

IMO you purchased him from a sale (not sure on their guarantee) that is who you deal with. You took the risk buying from the sale. It is up to the seller to worry about his reputation and stand by his word. He does not have anything binding as he sold thru the sale. JMO.
Raising kids is like being pecked to death by a duck

Cooper
Posts: 4
Joined: Wed Oct 10, 2012 10:40 am

Re: Need advice...how to get someone to honor guarantee

Postby Cooper » Fri Oct 12, 2012 12:29 pm

Huey, I totally agree with you. If this was a regular sale at the local aution market and we paid up to 2G for him that is a risk we would accept...this however was a specific kind of sale where the risk is expected to be much lower. We travelled 6 hours then paid over 6G for the horse (bc of his guarantee) ...there should be a higher level of trust, honesty, etc?

huey
Posts: 1021
Joined: Thu Mar 24, 2005 8:11 pm
Location: southern alberta

Re: Need advice...how to get someone to honor guarantee

Postby huey » Fri Oct 12, 2012 2:35 pm

I guess it comes down to his rep. unless the sale will back you. I really sounds like you're stuck with him :(
Raising kids is like being pecked to death by a duck

Skittles
Posts: 38
Joined: Tue Nov 11, 2008 8:17 pm
Location: Lumsden, Sk

Re: Need advice...how to get someone to honor guarantee

Postby Skittles » Fri Oct 12, 2012 11:52 pm

That sucks that that happened to you. But it is a sale and it is riskier to buy from a sale. I think the best thing you can do is tell the people who run the sale what happened and then maybe they won't let him bring anymore horses into the sale. They don't want people bringing lame horses in to their sale otherwise people might stop wanting to buy at the sale. Good luck! :)

QUICKS101
Posts: 65
Joined: Tue Sep 29, 2009 2:29 pm

Re: Need advice...how to get someone to honor guarantee

Postby QUICKS101 » Sat Oct 13, 2012 1:51 pm

I believe that all auction sales say buyer beware, sorry you are out of luck. Every person has a different definition of sound, and he may have thought the horse was sound, did you ask if there was a vet check done? If you didn't or there wasn't then it is still buyer beware.
I don't think that you have any legal grounds, if you call the individual out, he can sue you for slander. Go speak to a lawyer and find out your rights.

Sailor
Posts: 330
Joined: Tue Jan 31, 2006 1:34 pm

Re: Need advice...how to get someone to honor guarantee

Postby Sailor » Mon Oct 15, 2012 9:39 pm

I agree with Huey and Quicks101......IMO he is your horse...so you might as well go ahead and get him fixed up and use him.
Was this a sale where the horses had to be vetted, and provide x rays to be viewed at the sale?
If not you are SOL, and next time you should be more aware of the risks of buying a horse from a sale, and possibly look at buying privately where you can try the horse and have a Prepurchase exam done.
I am sure you are not going to get refunded, and anything that sells in a sale is sold as is unless stated otherwise!

Cooper
Posts: 4
Joined: Wed Oct 10, 2012 10:40 am

Re: Need advice...how to get someone to honor guarantee

Postby Cooper » Mon Oct 15, 2012 10:40 pm

Well, I honestly believe that had I bought this horse privately from this guy he still would not honor any kind of guarantee (even though he said he would). I felt that by stating clearly at the sale that he 100% guaranteed him that it was not much different than buying directly from him. Who would think that a guy making a living at training, showing and selling horses would pull a manoeuvre like this when a good name is so important. Where is the trust...you shouldn't have to have a lawyer and a vet present so as not to get screwed. :(

rope-2-win
Posts: 19
Joined: Sat Jun 05, 2010 4:32 pm

Re: Need advice...how to get someone to honor guarantee

Postby rope-2-win » Tue Oct 16, 2012 9:11 am

These are the risks of buying at an auction.. Most of the higher selling auctions will have their horses vet check. I know when my friend was looking at horses at the northland sale I made sure we went and talked to the vet who did the vet check even though I was personally friends with the seller. There are things that might come up in a vet check even though the horse is sound. Right now I am selling a horse who I know has never had any unsoundness or injuries and I could guarentee that today she is 100% sound (but i cant guarentee that tomorrow she will be, that is just horses for you.. or any live animals). It would be the buyers responsibility to get her vet checked if they were concerned about her having any future foreseeable problems that a vet would be able to identify, unless i specifically said to the buyer I had her vet checked and she was clean (in which it would be the buyers responsibility to get a hold of the vet to confirm). Its like buying a used car.. if you take the sellers word and dont do the research before you buy then you might end up with a junker. I doubt they will take the horse back for the sale price.. if at all, and they dont have too. I could be wrong but i think at auctions you sign something that says anything you buy is "as is".

As for the seller, maybe contact the host auction mart with your concerns so for future sales they might change something.. And if the seller keeps legitimately ignoring you (even if someone is in arizona there are methods of contact) then let people know who they are because usually when people are ignoring they know they are in the wrong.. Its unfortunate that these things happen, but you will not be the first nor last person who gets screwed by another in a horse sale..

Sailor
Posts: 330
Joined: Tue Jan 31, 2006 1:34 pm

Re: Need advice...how to get someone to honor guarantee

Postby Sailor » Tue Oct 16, 2012 10:20 am

It sounds to me that this horse has a Maint. Issue that can be treated, It is possible that the owner was not aware of the problem.
Just get the horse injected, and use him. If he is a good horse, then he is worth spending a little $$ to keep him sound and healthy.
No Horse is EVER 100% sound.....you can always find something.....it is up to you to decide if you want to deal with it....but you gave up that option when you bought the horse through a sale!

Cooper
Posts: 4
Joined: Wed Oct 10, 2012 10:40 am

Re: Need advice...how to get someone to honor guarantee

Postby Cooper » Sun Oct 21, 2012 11:08 pm

Just thought I'd give an update. We contacted the producer of the sale. He turned out to be very disappointed and quite angry actually because they were looking to put on an honest sale and bring integrity back into the horse industry so did what they felt neccessary to ensure consignors brought in sound horses. So yes, they could have asked for vet checks, but due to the caliber of horses and consignors involved in this particular sale, it wouldn't be neccessary for a vet to point out something the seller already knew, it just boils down to honesty. I feel this is good advice, if more people who ended up with a lame horse contacted sale producers instead of saying 'oh well, buyer beware' perhaps more of the bad apples in the business would be exposed. If there was more integrity in the horse industry, people would be more confident when buying and prices and quality of horses would go up and everyone would come away from the sale satisfied.


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