A friend just had a particularly bad experience buying a horse from a fairly big-time dealer. She responded to an ad on equine.com, apparently a reputable site something like an eBay for horses. Is there some kind of organisation for horse brokers to which she could report her experience? She has already given her story to equine.com without any apparent result.
Chuck, You dont say exactly what the problem was but, from my experience, it usually comes when reality is very different from expectation. More of an explanation would help.
If you are comfortable sharing more details you might get a more detailed reply.
My friend had been looking for a few months with help from her trainer. They had looked at several horses in this area. I know nothing of the customary details, but apparently it is common that horses can be "borrowed" for a week so that the prospective buyer and the horse can get to know one another, and the horse can be checked out by the buyer's vet. This was what they had been doing, and the details were fairly casual....no paperwork needed.
My friend saw an ad at equine.com for a gelding that sounded interesting, and was located in a nearby city here in Missouri, though the owner's business is in Illinois. I think the local guy is a breeder for the "broker". When my friend asked to try out the horse for a week, collateral, in the form of a check for the asking price was required. The check was to be held for the week and returned if no deal was made. My friend, who used to be a trusting soul, should have asked for paperwork describing this deal, though the trainer was a witness. As you have guessed, the check was cashed almost immediately. In the meantime, unaware that the check had been cashed, my friend had discovered that the horse was not quite as described in the ad....an early "colic" problem was not entirely cleared up, for example. However, my friend was still interested and was planning to make an offer for somewhat less than the asking price when she found that the check had been cashed. On calling the dealer in Illinois, she was told the check had been cashed by mistake and she would be repaid if no deal was made. Later, when my friend made her offer, she was told she had already bought the horse for the asking price, and no refund would be forthcoming.
So......verbal contract.....turns out the dealer was known to the state Attorney General's office, but that may do my friend no good. Thus my request for information about professional organizations she might at least lodge a complaint with.
Obviously, she should not have been so trusting. She won't be again, I'll bet. The slimy way she was treated, I suppose as a dodge while the check was completely processed, is particularly irritating. Also irritating are the Bible verses that scoll in a window in the web page of the dealer. I don't think I've seen the Golden Rule there yet, however.
You have a fraud case. I can tell you that verbal contracts are just as binding as written contracts. They have been upheld numerous times in court. How much money are we talking about? If it isn't over the small claims amount this is the way to go. You won't have lawyer fees and with the trainer as a witness you will be able to win the case.
Who is the seller and the trainer. I may be able to give you some more insight. I know alot of people in Missouri and Illinois. PM or email me if you like.
Chuck, I am sorry that you have run into this problem. I agree with Richard. Fraud. Pursue it.
I did not catch what type of riding she does but there are "horse traders" in all disciplines.
I am a bit surprised that the trainer did not express concern over dealing with these folks. While it is true you cant know everyone that is selling a horse, most professionals in the horse business know who can be trusted an who cannot.
If she is doing reining, working cow horse, or cutting let me know and I will offer whatever help I can from distant California.
Sorry that this happened to her but not everyone in the horse business is like that.
Thanks, Mark. I've PMed Cowboydoc, as he is close and probably more conversant with the local breeders and such. I really don't know what kind of riding she does, but I doubt it is specialized in any way....just riding! [img]/forums/images/icons/tongue.gif[/img] Her trainer isn't a big-time operator, and I guess she doesn't know all the local horse folks. Turns out my friends may be helped by the state AG's office. They are aware of this dealer and are apparently going to become involved. My original idea was to notify any horse dealers or breeders association, in an effort to help prevent others from being victimized, but I guess that isn't an option.
I had a simular experience with equine.com... i thought i was traveling to meet an individual but after surveying the situation i was in a dealers barn. the mare i purchased was the the mare i looked at online and she preformed like a champ... until i got her home. during the ride home whatever he gave her wore off and i had to pull over at a truck stop to see if she was completely trashing my trailer. it was another 2 hour ride home. i chalked it up to "young horse not used to trailer ride..." well... upon arrival she refused to back off the trailer.. bout broke her neck coming off and has been a problem ever since. she is dreadfully afraid of shots, worming by mouth, shoeing, mounting, dismounting, .... i have her for sale as brood stock only ... this mare has unreal papers.. incentive fund... just not handled well at all. i have considered a trainer but am so disgusted with her and the whole experience that she just has to go... i contacted equine.com with the information on the seller and a copy of the ad but have not recieved any type of response from them.
Lisa,
I am sure sorry to hear that. As with many things there many good folks whos reputation is ruined by a few.
I dont think I would count on Equine.com to jump in and help you out.
Its certainly understandable that you would want to move on to a new horse. If, however, the challenge of fixing this good horse is one you want to take on I might suggest trying to find a local clinic that Ray Hunt might put on. He has the right approach from my perspective and could probably help you get going.
Even if you decide to pass on this horse a clinic from Ray is valuable.
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