What would you do?

[Sue J]

I purchased a horse over the internet on 9-1-05. Just what I was looking for, sex, color, bloodlines, etc. When I saw the horse in person at Nationals, I was very disappointed. Not at all what I was expecting from the bloodlines. Come to find out there was a question as to the actual parentage of this horse which seller was aware of and just never mentioned it to me. I did not accept the animal and it did not come home with me. Seller refused to return my $$$ and instead offered a farm credit which I wasn't interested in. I spoke with seller on 10-13. She had just returned from Worlds and she hadn't opened all her mail yet. On 10-17 I emailed her inquiring if she had received the letter from AMHA. In her response on 10-18, yes, she had received the letter from AMHA. The DNA had come back and the horse is NOT from the bloodlines as was advertised and what I purchased. She would be taking care of this that week as she had to move some funds around. I have not heard anything further. The seller has now had my $$$ for almost two months now. How would you handle this? Legal action? Or do you have other suggestions? This certainly has taught me some hard lessons, including written documentation, and, unfortunately not to be so trustful, even of well know farms.

 

[Jill]

I wouldn't jump into legal action yet, since it's just been one week since she said she'd be moving funds around.

Have you emailed or called this week to ask for an update? If a check was put in the mail even a couple days after you talked to her on the 18th, it may just now be due to get to you (? not sure how far you and her are from each other)

If you don't get a response, and if you don't get your refund "soon", then, yes, I would look into legal action depending on what that would cost you to pursue.

It sounds like the would be seller agrees that you should get your money back. Hopefully it will come soon.

Good luck and I'm sorry it didn't turn out the way you wanted but am optimistic / hopeful that you will be made whole.

 

[Magic]

So has the seller said that she would be refunding your money? If so, I would just inquire again as to how soon it would be forthcoming.

How disappionting for you, when you thought you had found just the right horse!

 

[Lisa-Ruff N Tuff Minis]

WOw sounds like a nightmare for ALL involved.. as sounds like a mistake or oops on her part more then anything?

I have learned from others experiences on here that when a horse is advertised to be registered to always look it up and make sure it is actually registered not papers pending for DNA or anything else that helps anyway and avoids alot of this ever becoming an issue

added

another reason for videos and plenty of pictures if you cant see the horse in person so that you are very clear on what you are getting and seller is also assured you are clear and happy.

 

[ohmt]

I think it is HORRIBLE how people don't tell the whole truth about their horses. I do however have to say that even though it was a horrible thing, I don't think legal action would do any good. First of all, I've NEVER EVER EVER bought a horse without first seeing it in person except once last year. I bought a stallion with well known bloodlines that was reserve champion at regionals as a 2 yr. old. I knew the people that bred him and knew his pedigree was truthful (after seeing him I could tell he looks just like his sire!) and I had obtained references from the seller before making the purchase. I don't know how many times I bugged the poor lady for more pictures and more pictures all of which I made sure were CURRENT as well as some other ones taken other years. I also made sure to get a contract. I always do this when I am doing business with people that I do not know extremely well. I unfortunately don't use them with friends but that's because I was brought up with trust and I've been tricked many times because of this which I think is lower then dirt. I know you're probably not very happy at all but in all reality you kind of brought it upon yourself. I've done it too but I've learned. It's just horrible that it happens to so many of us and that we all have to learn the hard way.

She DID lie about the pedigree although you didn't check to make sure and didn't check to see if the horse was Parent Qualified. maybe you can get her to refund your money because of this. I would definitely try. If she says she is going to refund it then make sure you GET IT IN WRITING!

I am very sorry about the whole thing and I hope with all my heart that everything turns out the way you'd like it to!

GOOD LUCK!

 

[4mymirage]

HI

I find it interesting that the seller was waiting for letter from AMHA to decide what to do... sounds like the parentage question may have been from the breeder, not necessarily the seller!

I am currently in an awkward position as I bought 2 bred mares and the seller never brought the stallion perm, was counting on the person who purchased that stallion to do so and now I have 2 beautiful foals I cannot show or sale as I cannot get their papers!! And of course - paid for those bloodlines... And I think the seller advertised and sold in good faith - but probably should have tended to the papers before the sale as I am now the one "suffering"...

It may be the seller here is in the same type scenario so I wouldn't be too hasty passing judgement - esp if a well know/reputable breeder. She is emailing and talking to you not avoiding.... Just a different perspective/food for thought.

edited to add - I am still confident it will eventually be fixed

 

[Sue J]

HII find it interesting that the seller was waiting for letter from AMHA to decide what to do... sounds like the parentage question may have been from the breeder, not necessarily the seller!

I am currently in a bad position as I bought 2 bred mares and the seller never brought the stallion perm, was counting on the person who purchased that stallion to do so and now I have 2 beautiful foals I cannot show or sale as I cannot get their papers!!  And of course - paid for those bloodlines... And I think the seller advertised and sold in good faith - but probably should have tended to the papers before the sale as I am now the one "suffering"...

It may be the seller here is in the same type scenario so I wouldn't be too hasty passing judgement - esp if a well know/reputable breeder. She is emailing and talking to you not avoiding.... Just a different perspective/food for thought.

490043[/snapback]

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Hi, I'm sorry for your situation also. Perhaps you could contact the current stallion owner and offer to pay for the permanent status. In my situation, this seller owned the mare and sent her for breeding to an outside stud. However, it now is apparent that the mare was pregnant before she ever left the farm to go to the outside stud.

 

[minimomNC]

Before everyone starts a witch hunt again, remember there are always two sides to every story. Surely we have learned that lesson very well here lately.

 

[Jean_B]

I'm familiar with this situation because Sue is a friend of mine. I am also familiar with the circumstances surrounding the questionable parentage of the foal. The mare was sent for breeding to a stallion owned by someone I know....but she was ALREADY in foal but the seller never bothered to make sure she was open before sending her for breeding. Yet the seller, knowing the foal was born too early to be the result of a breeding to the contracted stallion, marketed that foal as if it was sired by that stallion. The seller even hauled that horse to Tulsa with no coggins!!! Shoddy, unprofessional practices indeed!

NO I will never reveal the circumstances/people/horses involved. But suffice it to say, Sue should have every right to a full refund of all money. Sue does not have the horse--the seller took the horse home ... and Sue should NOT have to pay the price for the seller mis-representing the parentage of this foal.

Personally, I would give the seller another few weeks to respond and pay up in full. Put everything in writing. Save every email. Tape every phone call.

So sorry, Sue, that you learned the hard way that there needs to be a contract on EVERYTHING these days...even when dealing with people you think are honest...heck, even when selling between friends!!

 

[Sue J]

The purpose of my post was NOT to establish a "witch hunt". I have not mentioned any farm names, seller or breeder, and I won't. I simply was looking for answers from those that might also have found themselves in a similar position. Did I set myself up for this predictament? You bet I did!!! I trusted a farm that has quite an impressive website, show record, has sold overseas, and has been around for awhile. On the bright side of this, I certainly have learned some very valuable lessons. How many times have others purchased horses with papers pending? Not again for me. No matter the distance, if I want a particular horse, I will travel to see the animal in person before any funds are exchanged. Get things in writing? I'll be buying stock in paper. So, if you happen to meet me in the course of selling a horse, I'll be the one carrying a notebook in hand along with a tape recorder. Don't think anything of it...just realize it's part of doing business these days. How unfortunate is that?

 

[Robin1]

So sorry this has happened to you. I would send another email asking for an update. You can always go the route of small claims court if necessary later.

Normally I might say you would be left with a farm credit, however, since the horse was not what was advertised you deserve a full refund. I sure hope you get it.

Robin

 

[rabbitsfizz]

Basically, the horse was advertised under known false pretences. This is FRAUD, pure and simple. If it went to court, which I hope for everyone concerned it will not, it would be a very serious charge with VERY serious implications for the person concerned. If I were the owner of the stallion concerned I would be bringing charges of my own. THIS is exactly why I do not believe covering certificates should be given. I like to know when foals my stallions are supposed to have sired are born, and what colour they are, before I put my name to a pedigree. I do hope all this can be sorted out amicably. At the end of the day, though, you really should NOT have sent the money before you had seen the horse- perhaps a post dated cheque to show good faith??

 

[shane]

I sorry to here about your situation, I personally think were all too trusting, ive encountered a few situations like that myself, thanks to the forum and situations like yours its a reminder why we shouldnt be so trusting there are a lot of gangters out there, thanks for sharing your story,i wish you all the luck in getting your money back, and ill be bringing my tape recorder with me the next time,

 

[Buckskin gal]

Thank you for sharing your story. Many of us need to be reminded that we can get stung in a sale and need to take precautions. I too had been taught to "trust" but have learned that can be a big mistake. I don't see stories like this as a witch hunt at all....it is information given to help others and I appreciate it. Thanks, Mary

 

[Amy]

I am so sorry to hear of your problems.

However, I still think more of our members are honest than not.

We also purchased a horse of a bloodline I have been searching for at Nationals. Mare was not there but saw a beautiful picture. She turned out NOT to be in foal & seller immediatley contacted me to say she is returning our deposit.

Would I buy again from this lady & farm?? You bet I would.

Honesty really does pay off in the long run & for future sales.