I agree that rearing can be a pain issue etc., but a horse that deals with pain or being overfaced or being scared by rearing or reacting in a dangerous manner should never be listed as "kid safe". Kid safe is the horse that doesn't swap behind when the hocks hurt. Or limps. Or is hard to get forward. Or pins ears.
I don't disagree. Young horses can rear as their first reaction. After some good training...it should go away. If it goes away and comes back...and takes are REAL expert trainer to "get it out" of them....then that points to pain to me.
It may not be curable. And I would NEVER lable them as a kids horse. But in all honestly....I'd NEVER sell ANY young horse as kid safe. They are a young horse. No matter how well mannered they may be with me...put a less experienced rider or handler around them and that may be out the window quickly.
Things were said to this OP that I would never say to them really about any horse.
** The difference between genius and stupidity is genius has its limits. -- Albert Einstein **
To clarify for Fairview, the terminology was "safe for any age child". It sounds like you are a good example of what a seller should be. When buyers are looking in the lower range of the market the honest sellers are few and far between because the majority of them are trying to dump a horse they don't like for whatever reason. It makes the search seem hopeless, one reason I won't be purchasing a horse anytime soon, most likely never again if I end up having to leave this horse at the vet school.
And clearly I would not take the "safe for any age child" completely literally with a green horse, but it makes a statement about the temperament of the animal. However, "never had any training issues or vices" leaves less to debate on whether she was purposefully telling a lie.
This is a sucky situation. I wouldn't send her back because this seller will sell her on and she'll endanger someone. When a certain trainer in my past tried to convince me that Fella was dangerous I sat down and worked out a worst case scenario. I had been active in dog rescue (rhodesian ridgeback) and I decided -as harsh as it sounded to others -that if Fella was indeed dangerous I was either going to retire him (if I could afford to keep him and find another horse) or kill him. In no way was I going to pass on a dangerous horse to someone else.
Fortunately for both of us it turned out that he was completely fine -a good egg in fact -and that the trainer in question more than likely wanted him (see my siggy) and that the situation he was in wasn't good (hot food, less turnout, poor handling, and hurting saddles). He was not a rearer or a flipper so he doesn't compare to what you're going through OP, he was just getting dangerous to handle (bolting out of hand) and to ride (bucking -according to her).
He is total garbage! Quick! Hide him on my trailer (Petstorejunkie).
"She did make an offer a few days ago, that she would give a partial refund in exchange for my signature on a contract stating I would not share any information about my experience with her, the horse, or the trainer."
You didn't answer the question asked a few posts back. HOW did she make this offer? verbal or have you smartly corresponded via email to document?
The truth is what you can get other people to believe.
I hate to think you'll get no compensation, but it might be more satisfactory to donate the horse and then out the owner/breeder.
I got a call this morning from a friend who was leaving small claims court. She was "suing" a woman whose dogs killed her goat. Unfortunately my friend didn't know enough to take her neighbor, who was an eye witness, to court with her. The dog owner told the judge "some wild animal killed the goat, dogs don't do that". Even though she admitted the dogs were on my friend's property eating the goat, she said it have to have already been dead when the dogs got there. Judge ruled the dog owner was not liable. He then told my friend she can appeal, for $300 (plus another day off work, etc, etc)
It was just as clear as a sunny day to all of us that the dogs killed the goat, but it came down to one's word against another. All my friend wanted was the cost of the goat back, and vet bill paid for another goat who was injured in the attack. Probably not more than $300, but the dog owner is just a bitch, and wasn't going to admit that dogs will be dogs. Oh, and BTW, the day it happened the dog owner said she would pay the vet bill. That was before she had a chance to talk to her husband, who said hell no.
"Everyone will start to cheer, when you put on your sailin shoes"-Lowell George
You and your lawyer should get together with RateMyHorsePro and figure out what you can legally publicly disclose about this seller. You don't want to open yourself up to a defamation lawsuit, but I'd hope that you'd be able to disclose the facts of the transaction and communications from the seller. Maybe an ad could be published asking anyone who has had problems w/ seller to contact your attorney?
I'm hoping you get your refund, and that the horse gets donated to the vet school. Do try to remove emotion from your decisions, b/c lawsuits can be expensive and judgments hard to impossible to collect even if you win.
So sorry that you are going through this.
Disclaimer: Just a beginner who knows nothing about nothing
She made the offer via text which I did save. She refused to communicate verbally once I emailed her the blog on her trainer's website, which screams guilty conscience IMO but all the better for my documentation purposes. She is refusing to communicate at all now. We'll see in a few days if she'd rather talk to my attorney. The good thing is I can change my mind and opt to donate at any point then post all of the info on here. As long as I stick to the facts I'm fine and she can get as mad as she wants to.
No agreement reached despite attorney discussions and meetings. AND just learned to be careful when signing first right refusal agreements. This means, if I want to sell the horse with full disclosure and therefore take a lower amount for her, I have to offer the seller the chance to buy the horse for the agreed upon amount before I can accept the offer. Yeah, didn't see that coming. I'm not selling her, but I won't look at first right refusal the same ever again after this. I always thought this meant I should notify the seller of a resale and give them a chance to buy, not that I would have to notify them of a lower offer before I could accept it from another buyer.
Anyway, my attorney has made attempts at a resolution but they have not even counter offered. He said I will not get into trouble if I donate for x amount since they've declined the opportunity to pay x amount. He will notify the seller's attorney of this, the mare will go in a day or two, depending on my schedule.
I'm pretty upset it has come to this. I really need to be focusing on other things like my family, and I just went back to school for nursing. My grades have already dropped due to the stress and distraction. I just hope I can get over the act of donation quickly and get back to what I need to be focusing on rather than continue to stress and be hard on myself for the choice I'm about to make for this horse. Again, I would not wish this upon anyone and please use this to avoid making the same mistake I did.
Yes, but that's not the problem as both my attorney and a family member who is a judge have said I have a good chance of winning if I decide to continue. I hesitate because a lawsuit is not something to enter into lightly and I'm not convinced it's worth my time. I don't need a lawsuit to have word of this situation to go around, I can make it known.