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Lyne Daoust
New Member
Username: elzedor
Post Number: 1
Registered: 5-2007
| | Posted on Monday, May 28, 2007 - 9:15 pm: |   |
Hi,
I sold a 15 month Quarter Horse filly in August 2006 and in my fields she looked just fine. A week later the new owner called saying it was lame on a limb, I went and saw very little, I asked for a Vet Dx, they called back saying they gave her Bute, and all was ok. After that they never gave me news until now (May) and now they had Rx made on the filly and it was Dx OCD in the fetlock of the right hind limb.
The Vet told me many causes are possible: nutrition, quick growth, trauma, lack of exercise, genetics... etc...
There is no way of knowing if I am responsible of the problem. I know the filly was put in a tied stall and that she kicked the horse next to her a few times, at first... after that I don't know what happened. I find it strange to not here from them for nine months and then they're unhappy. I sold the filly with a signed contract with the clause "As seen", the Owners had visited her 3 times and they signed the document which also stipulated they were satisfied. The owners have asked for a reimbursement or exchange.
My question is what should I do?
We have no money to reimburse them,
Should we exchange her for another colt (the only one I have available is a 10 month old Canadian with no papers), or should I tell her, It's sad but I can not help you... which means sticking to my contract. I need to consider, the money aspect as well.
Please give me your opinion |
Julie Masner
Member
Username: juliem
Post Number: 188
Registered: 9-2002
| | Posted on Monday, May 28, 2007 - 9:40 pm: | |
I don't know what the law is in Canada, but I would hesitate to take a horse back after this much time. Regression in training, lack of appropriate care, etc. etc., could make that horse worth much less than when you sold it. If you have a contract, I think you're covered. Had the owners been communicating with you all along, perhaps that would be a different situation, but with no contact for this long, I say it's their horse. At one time I thought all Canadian horses sold with a guarantee for some period of time. Is that true? If that's not the case, I think your contract should protect you. |
Kristin
Member
Username: freshman
Post Number: 72
Registered: 1-2007
| | Posted on Monday, May 28, 2007 - 10:13 pm: | |
You are under no obligation to provide a refund or exchange at this point, especially if you have a signed contract that stipulates that they accepted the horse "as is" when they purchased it many months ago. I'm not sure why they would expect this to have anything to do with you at all--it is their horse at this point, and has been for some time. If the horse falls and breaks its leg in its paddock, are they going to call you to demand a refund? Whatever.
These people might not understand OCD issues, but it is not your perogative to educate them, the way I see it. It is likely that no explaination would satisfy them, anyway. There are some people that do everything possible to convince themselves that anything disagreeable that happens in life is someone else's fault.
The reality is that the horse could have developed the OCD lesion over the 9 months that he has been in their possession. It may have been present at the time of purchase, but the reality is that they choose not to pursue screening for this during a prepurchase veterinary exam, and they accepted the horse. Period.
Good luck with these people! |
Christine C. Mills in NC
Member
Username: chrism
Post Number: 1176
Registered: 4-1999
| | Posted on Monday, May 28, 2007 - 10:18 pm: | |
I think they are nuts to expect you to take the filly back at this late stage.
I would point out the terms of the contract, offer to mail them a copy if they've lost theirs and tell them there is nothing you can do for them.
They are likely to bad mouth you. I'm not sure how much you should care. Most knowledgeable horse people would think they are nuts for having a horse almost a year and expecting a refund or exchange for something that cannot be linked to your care.
The bigger issue is if they decide to sue you and you are stuck hiring a lawyer for defense. Does your contract say anything about how disagreements would be resolved?
Did they have the horse vetted? Did the contract state they had the opportunity to have it vetted?
Honestly, they sound very nervy. |
Sara Wolff
Member
Username: mrose
Post Number: 2853
Registered: 1-2000
| | Posted on Monday, May 28, 2007 - 11:36 pm: | |
After nine months? Are you kidding me? IMO if anything that shows up after nine mos. is their problem, not yours. You have no way of knowing what the fed, what they did for exercise, or anything else about what has happened to this filly in the past 9 mos. Normally, if given anytime at all to do an exchange or refund, people are given a couple of weeks. Never have I heard of anyone expecting the seller to be responsible for anything after such a long period of time. I think they are grasping at straws. |
Lori
Member
Username: maggienm
Post Number: 468
Registered: 6-2004
| | Posted on Tuesday, May 29, 2007 - 1:05 am: | |
Lyne, no way, after nine months? Even without a contract tell what you can buy, take home, keep under your supervision, and then 9 months later return for a refund?? |
Robert N. Oglesby DVM
Moderator
Username: dro
Post Number: 18573
Registered: 1-1997
| | Posted on Tuesday, May 29, 2007 - 7:24 am: | |
Welcome Lynne,
Using the information in your post as our guide, from a legal and moral standpoint all the above responses are absolutely correct: you are at no fault.
But is it from a business standpoint? There is the concern for reputation but these folks are putting unreasonable demands on you. Again using the information in your post, I have to say if you start guaranteeing horses for 9 months you will not stay in business long and anyone who accurately hears the story is unlikely to find blame with you. I guess from the business standpoint the correct principle is if you can afford to make them happy you should, but if not let it go.
I would write them a polite letter explaining that the horse was sold "as is" which was moving soundly at the time of purchase with no known problems. You are not responsible for any problems that develop or become apparent after that point.
DrO |
Charlayne
Member
Username: image
Post Number: 36
Registered: 6-2006
| | Posted on Tuesday, May 29, 2007 - 8:50 am: | |
They are crazy. 9 months? Send them a copy of the contract and remind them that she was fine when she left and they accepted her as is. No pre-purchase vet exam? That's THEIR problem. They will be mad and may say some nasty things but honestly...anyone that knows horses would realize that these people are being very unreasonable. The only peoply who will listen to them are other people like them. You sure don't want any more business like that. Geeze, the nerve of some people....grrrrrr.
Charlayne |
CherylA
Member
Username: canderso
Post Number: 364
Registered: 3-2000
| | Posted on Wednesday, May 30, 2007 - 7:22 am: | |
Hi Lyne,
Yay! Another member from north of the 49th parallel! (I am originally from Montreal, now in Ottawa.)
I am not sure where you are in Quebec, but anyone I know in Montreal, Québec City, Ottawa or Toronto region would say the horse was sold as is. That means what it says and you are under no obligation to do anything.
If the problem had been found one week after the sale, well, that might be a different story and for business and reputation reasons, you might want to do something, but this is 9 months. It was a weird winter with tons of rain, really bad mud and ice, so anything could have happened.
I agree with Dr. O's suggestion of a polite letter...
Good luck
Cheryl |
Lyne Daoust
New Member
Username: elzedor
Post Number: 2
Registered: 5-2007
| | Posted on Wednesday, May 30, 2007 - 9:21 pm: | |
Thank you everyone for your support
I feel better now |
