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horse trial gone bad. suggestions?

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  • horse trial gone bad. suggestions?

    I let my pony go out on trial (almost 30 days). It was clearly stipulated (verbally and in writing) it was a "you break it, you buy it" trial; especially as the pony had recently been vetted, was 100% and was at a show when the "trainer" saw it and wanted to take it home. (about 30 days previously)

    Needless to say, the pony was returned with a check lig. injury, needed multiple joint injects and is out for 6 months and we are *hoping* for a full recovery. Any suggestions on how to handle this one?? Of course, said trainer refutes all claims.

  • #2
    Originally posted by blondie1234 View Post
    I let my pony go out on trial (almost 30 days). It was clearly stipulated (verbally and in writing) it was a "you break it, you buy it" trial; especially as the pony had recently been vetted, was 100% and was at a show when the "trainer" saw it and wanted to take it home. (about 30 days previously)

    Needless to say, the pony was returned with a check lig. injury, needed multiple joint injects and is out for 6 months and we are *hoping* for a full recovery. Any suggestions on how to handle this one?? Of course, said trainer refutes all claims.
    Was the pony paid for before it left the premises? Thirty days is a long trial. In that case I guess they own the pony. If not then I guess you're stuck - hopefully at the least you have a very large deposit that you plan to keep.

    Comment


    • #3
      Call a lawyer. Now.

      I'm guessing you didn't ask for the money up front?
      Equine Ink - My soapbox for equestrian writings & reviews.
      EquestrianHow2 - Operating instructions for your horse.

      Comment


      • #4
        Calling the lawyer probably depends on whether it is a $1500 pony or a 50k pony. The OP's winning position was lost 1) the moment she let the pony go without any payment (if this is the case) and 2) when she accepted the pony back.

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        • #5
          afraid you were going to say that

          on the lawyer. I think you are correct.

          And no, I did not require the money up front. THAT won't happen again.

          The trial started out as a 14 day trial and we extended it by mutual agreement We were to meet up back at an upcoming show and she "loved" the pony. I took delivery of the pony at the agreed upon show and incurred a huge vet bill when I promptly marched it over to the vet station.

          Comment


          • #6
            I would still contact a lawyer. Sometimes a letter on legal letterhead serves as an effective opening move.

            You could also consider taking the trainer to small claims court to recover the cost of the vet bills. You don't need a lawyer for that.

            If you had a vet examine the pony AT the show, you will have a record of the pony coming back injured. Did you march the pony right back to the trainer at that point?

            Sorry this happened to you. Good luck!
            Equine Ink - My soapbox for equestrian writings & reviews.
            EquestrianHow2 - Operating instructions for your horse.

            Comment


            • #7
              Originally posted by blondie1234 View Post
              on the lawyer. I think you are correct.

              And no, I did not require the money up front. THAT won't happen again.

              The trial started out as a 14 day trial and we extended it by mutual agreement We were to meet up back at an upcoming show and she "loved" the pony. I took delivery of the pony at the agreed upon show and incurred a huge vet bill when I promptly marched it over to the vet station.
              Do not pass go, Do not collect $200....Run to your attorney!
              "I don't know what your generation's fascination is with documenting your every thought... but I can assure you, they're not all diamonds." Mr. G

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              • #8
                dropped the pony and ran

                no such luck. She just delivered the pony. We were showing, she was not. But I did immediately take it to the vet! (over $1200.)

                Comment


                • #9
                  Originally posted by blondie1234 View Post
                  It was clearly stipulated (verbally and in writing) it was a "you break it, you buy it" trial;
                  If this was clearly in writing - then you should have no problem recovering damages; for both the pony and court/lawyer fees. Call a lawyer asap.

                  I recently went through the process of selling a horse - heard MANY horror stories of trials. I was told by many that you need a solid contract, no more than a week on trial, and full payment up front. I am sorry that you are going through this, but it looks like you got burned. Live and learn I guess.

                  I hope your pony makes a full recovery. Good Luck!

                  Comment


                  • #10
                    Did you have a lawyer draw up your "in writing"? If so, they should be your first call. If not, you need to get one to have a look at your contract and see if it actually gives you any ground to stand on legally.

                    Comment


                    • #11
                      We had an expensive one come back from a short trial broken pretty badly. They denied, then ignored, horse is out for a long time, lots of vet bills. Sometimes the lawyer route is just too expensive and not worth the fight.
                      Fullcirclefarmsc.com

                      Comment


                      • #12
                        As one of the above posters suggests,I would go to small claims court for the cost of the vet bills and aftercare, up to the dollar limit of the court. I would only do this if you really do have a good contract that stipulates that the pony must be returned in good shape and that the people who had the pony on trial were responsible for any vet bills incurred during the time on trial.

                        That's a pretty crappy thing for the trainer to do-to drop the pony off when you are out showing. I hope you let everyone know what this trainer has done so that her potential future customers might have an idea of how ethical of a person she is before choosing to do business with her.
                        Last edited by sketcher; Jul. 12, 2011, 10:03 PM.

                        Comment


                        • #13
                          Originally posted by blondie1234 View Post
                          I let my pony go out on trial (almost 30 days). It was clearly stipulated (verbally and in writing) it was a "you break it, you buy it" trial; especially as the pony had recently been vetted, was 100% and was at a show when the "trainer" saw it and wanted to take it home. (about 30 days previously)

                          Needless to say, the pony was returned with a check lig. injury, needed multiple joint injects and is out for 6 months and we are *hoping* for a full recovery. Any suggestions on how to handle this one?? Of course, said trainer refutes all claims.
                          If all your written contract says is, "you break it, you buy it," then you probably cannot now change the deal and insist on, "you break it, you return it and pay the vet bills," although you may NEGOTIATE to that point as an alternative.

                          Sounds like you just learned a couple rather expensive lessons, including "Get the money up front," and "Be there, with a vet if necessary, if someone who "loves" the animal suddenly decides to return it instead of going through with the purchase."

                          If it makes you feel any better, if it only costs you $1200 plus the layup, and you get the pony back to work ... you will probably have gotten those lessons cheaper than a lot of folks.
                          **********
                          We move pretty fast for some rabid garden snails.
                          -PaulaEdwina

                          Comment


                          • #14
                            The real problem with suing someone like a trainer is that even though you might win a judgment, they may not have any money or other assets. So collecting would be an issue.

                            However, if you win a judgment in small claims court, you can talk about it in a neutral way that would allow you to highlight the poor business practices of the trainer.

                            It depends on how much time/energy and potentially, money you want to put into the process. Luckily, small claims court is a place where you can represent yourself.
                            Equine Ink - My soapbox for equestrian writings & reviews.
                            EquestrianHow2 - Operating instructions for your horse.

                            Comment


                            • #15
                              Not very much help now, after the fact, but I'm wondering if this was a valuable pony, as is implied, why insurance during the trial wasn't part of the arrangement? The few trials that I have done, before the horse even got on the truck, I had it covered with mortality and major medical just to cover this sort of thing, and the seller (I was buyer) required it as part of the contract.

                              I'll be interested to hear if the OP consults and attorney what the outcome of that discussion is.

                              Comment


                              • #16
                                Have you contacted the trainer and simply mentioned the issues?

                                Probably not the case but heck, give them the benefit of the doubt that maybe they did not realize the pony was broken.

                                Comment


                                • #17
                                  Originally posted by Bogie View Post
                                  Call a lawyer. Now.
                                  THIS

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