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tamara ryan (Tammie)
| | Posted on Monday, Jan 29, 2001 - 11:54 am: |   |
We bought a Warmblood horse through a trainer we have known for years. He is a nationally known trainer, and a international judge in the dressage world. When he went to Germany to see these horses he assured me that he and his vet had gone over the xrays on all of them - he was not "going to waste his time" on horses whoes xrays weren't "clean". He also told our trainer this. He found the "perfect" horse for my daughter. Again I asked him about xrays a vet exam. He again assured me that there were xrays, his vet in US had examined them and all was okay.We bought the horse. We paid him directly. Also paid the shipping costs directly to him. Also paid him a 10% commision. The horse was going to be staying in his barn, and my minor daughter working for him and with him. (I might add that the facility is over 5000 miles from where we live, yes, 5000) Things did not work out and horse and daughter are back home. I insisted on having xrays, and blood work done here. The horse is 4 years old. We found OCD in the right hind, and to be sure we did a second set of xrays. There's no doubt about it.On another note I have repeatly asked for his reg. papers, on the phone and in writing. He has repeatly avoided the request. My question is: what, if any, recourse do I have? After all, he was my "agent". I now have a horse that was bought as a upper level dressage potential, who will have lameness problems at upper levels! Not to mention a very upset daughter. We are not rich people- we had to take out a loan for all of this (total is over $27000.00 at this point) I'm not sure what to do. Do I send him a letter telling him? Do I contact a lawyer, and have him send a letter? I'd rather not. I'd like to settle this between us, but I'm not sure of my rights. Obviously a 4 year old, with limited training, no papers and OCD is not worth the money we spent! Please, what do I do next? Tammie |
josephine milano (Jojo15)
| | Posted on Monday, Jan 29, 2001 - 9:58 pm: | |
Lawyer, Lawyer, Lawyer. Business is Business and do not think for a minute that this man is doing the right thing by you. If you are accurate in your explanation, he has taken advantage of you, your daughter and your inexperience. Will he take the horse back? will he give you at least half your money back? If you have asked and received no answer get a lawyer involved.(or at least threaten you will get one involved) Wait and see how fast the reg. papers show up, etc. Did you sign a contract? Any clauses in there that could help you? Any recourse in the Dressage community? Embarassing him with his reputation?
I'm sorry I might sound so harsh but as a single female doing business in the world, I have learned that you can get taken advantage of ALOT, but you don't have to take it lying down. Unless, you can walk away, drop the issue, take the horse as is, and go on with your life you are gonna have to do something and change the way this situation is. Don't let him get away with it. And don't be intimidated by the "international judge", "national trainer" scenario. What did your trainer say? Any friends that are lawyers? If you need help with research let me know. (5 lawyers and counting in the family-notme and none with equine law experience) But love to find things out.
My mom was right... I should have been a lawyer.(LOL)
Pass on some more detailed information to see if we can help more. Are you sure you have done everything needed in contacting him on a friendly basis? |
Paskoj (Paskoj)
| | Posted on Tuesday, Jan 30, 2001 - 12:36 pm: | |
Hi Tammie -
Check my post "Didn't get Papers with Gelding". Maybe you can go through the Warmblood Association. The APHA was very helpful for me... Keep us posted! |
