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Question by : I need equine legal advice...horse died after sale due to 'pregnancy complications'? I need some advice. In May of 2010 I bought a mare. I had her vet checked at the time of purchase. He checked her teeth, eyes, heart, feet, reproductive tract, legs, etc. The mare was in poor body condition but was fundamentally sound. I wormed her, put her in training, started feeding her and had her back on the market six months later. I sold her in February of 2011. The woman who purchased her was from out of state. She called my vet and asked if the mare had any problems and his response was that he'd only ever seen her for a soundness check and to pull a coggins. Beyond that, there wasn't much he could tell her. She drove up to pick her up and I had the vet come out for another matter but planned to get an out of state health cert in the event she wanted to take her home. She decided to purchase her. The vet completed the health certificate and the mare went to her new home. I had the buyer sign a bill of sale which included the purchase price of the animal. It also stated I had full power to sell the animal as well as that the buyer was agreeing to purchase the animal as is and the responsiblity of the animal shall transfer to the buyer at the time of signing. I received an email from the buyer a week or so later that stated she was settling into her new home perfectly. Then in November I received a letter from an attorney that said the buyer was seeking compensation in excess of double the mare's purchase price for both the purchase price of the horse, travel expenses and vet bills incurred when the mare died from pregnancy complications. To my knowledge, this mare was never exposed to a stallion while she was on my property. She was not checked for pregnancy at the time of purchase FROM me, though she was checked when I bought her. The buyer had a vet there and complete reign of anything she wanted done at the time. A suit has now been filed with the civil court in our county. The buyer is seeking compensation and I have 20 days to respond or a summary judgement will be entered against me on her behalf. I don't know what complications were suffered, nor does there exist any proof that the mare is actually deceased. If she IS, I have no idea if this woman bred her after she got her or if she's trying to accuse me of having bred her and sold her. In the suit, it simply states that "plantiff bought a horse from the defendant that later died". It seems ridiculous to me...Does anyone know how I should respond? With the bill of sale contract I have, should I still contact an attorney? Thanks for any insight! I'm not allowed to 'like' any answers but thank you ALL so much. Will contact our family attorney first thing Monday morning, I was just really hoping to avoid the fees. Now that I know what legwork needs to be done I can get started myself and definitely will not let it slide :) Best answer for I need equine legal advice...horse died after sale due to 'pregnancy complications'?:
Answer by donald
Yes. Get an Attorney.
Answer by mulewrangler
contact a attorney..thats about all you can do then you have burden of proof in court that The mare WAS not bred in your care. Get your vets statment When he did her health check and Also the other vets statment when he did the Vet check. and good luck in court
Answer by RACH
I would take legal advice, reading what you have said I cannot see how she has a leg to stand on. Even if you had known it's not your fault she had a complication with the pregnancy. If a vet has checked her for pregnancy and said she wasn't,wouldn't it fall back on him. Don't settle out of court without legal advice. None of us are in the position to tell you how it will pan out. But we can feel for you.
Answer by springy@ymail.com
Get a attorney now as they will have the best idea o how to handle this. I personally thik its rediculous, the lady had a vet check done and the horse was said to be sound. Also how long did this lady have the mare before it died? How far in the pregnancy did they say the mare was? Get statements from your vet and see if the lady had a different vet come out before the mare died, make sure she has a statement from her vet saying te horse actualy did die due to pregnancy complications. Figureing out how far in her pregnancy she is can also prove if she was bred before, while, or after you had her. Other wise its just her word against yours and there is no actual proof.
Answer by Verona
Yes, you should contact an attorney. You probably will have grounds to file a countersuit to cover your legal expenses. Horse sales are generally accepted to be as-is, and it's the buyer's responsibility to hire a vet for a PPE (including pregnancy check) if she wants one. If you don't even have a stallion on your property you have a pretty solid case for her not being bred in your care. However, even if there is a stallion on your property, it would be pretty difficult to blame you for pregnancy complications months later.
Answer by Izzie
Get an attorney. To me this sounds like a case where you probably have all the evidence you need to prove you are not responsible for any of this, but I would still advise getting an attorney.
Answer by foxhunter1949
It doesn't sound as if she has a leg to stand on but you do need an attorney. It seems to me as if the woman might just be trying things on. You need to get the attorney to ask for proof that the mare died of pregnancy complications - from her vet. You also need to get proof that it was the same horse you sold her. Get a statement from your vet that you do not have a stallion on your property and that he checked her for pregnancy when you bought her. As she signed a paper to accept responsibility on purchase is seems she does not have a leg to stand on but who knows? Go to the court with an attorney and then when you win she will have to pay all costs.
Answer by gallop
It was stated in the contract to be an "as is" sale, which is really all that matters. The buyer has the legal right and obligation to make the sale contingent upon results of a prepurchase veterinary evaluation, which is performed by the vet of her choice and at her expense. If she chose to waive that right, then she accepted the horse "as is" at the time of the sale. She has no legal basis for a lawsuit. Even if this was not an "as is" sale, she has no evidence that you had knowledge of a pregnancy anyway, and pregnancy is not a disease and not in and of itself a cause of death. You still should contact an attorney specializing in property and contract law in the county where the contract for sale was completed, and ask for advice on how or whether to respond to the demand. You can usually call around to as many contract/property law attorneys as you find listed and most are happy to call back and provide you with the kind of advice you need at no charge over the phone. *************************** Add.................. This is the typical language found in a legally binding contract for "as is" sale of personal property (horses are considered to be personal property in law)................... "....THE DESCRIBED PROPERTY IS SOLD "AS-IS" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION OF SUCH PROPERTY . BY ACCEPTING THIS BILL OF SALE, BUYER(S) REPRESENT THAT BUYER(S) HAVE PERSONALLY INSPECTED THE DESCRIBED PROPERTY AND ACCEPTS THE PROPERTY "AS-IS"..........
Answer by Hollywood Thrill
Yes get an attorney. Know if you settle out of court you'll probably still have to pay legal fees. We just spent $ 10K in legal fees to get rid of a lawsuit against us after a woman refused a pre purchase exam and then the horse we sold her got sick 2 months later. Just be aware that whenever you sell a horse, it has the potential to turn ugly. It's just an unfortunate part of the business. EDIT: Just thought I'd add, even when the other person doesn't have a leg to stand on legally, you can still get screwed. Our legal system definitely has flaws.
Answer by gale hawk
Get an attorney and a statement from the vet who did the vet checks on the mare. (All the paperwork at the vet's on this mare while she was in your care) You may need to subpoena the vet so talk to him before hand. Second, if possible check on just how many lawsuits have been filed by this person. You may be able to do this by calling the court house in her home town and in surrounding areas and paying a fee. Make sure the paperwork they send you is stamped. Third how in heck do you KNOW the animal who died is actually YOUR mare and not another one? The more paperwork/investigation you do yourself the less the attorney will cost. You might also consider a counter-suit for aggravation, distress... If the mare is a registered animal check with the registry to see if she has been listed as dead. Also check what stallions are standing of that breed in her local area. Then check to see if she had the mare bred to any of these stallions. (You can always saw you are thinking of buying the mare and understood the mare was breed to one of their stallions) Last keep a log of all the time you wasted doing this and costs for phone, mail, gas... If the court finds against the person ask the court to reimburse you.
Answer by Barefoottrimmer
Unfortunately, you do need an attorney as you need to have an attorney to file the legal answer for you within the 20 day limit. You must do this ASAP or you will be held responsible for this nonsense. If the contract says the mare is sold "as is", it will be thrown out of court but you have to go through the crap. You might want to counter sue if you can to have her pay your court expenses when she loses. You should call the attorney Monday. Don't wait on this.
Answer by Siouxsie
definately contact that attorney, and bring the contract with you! The terms of the contract are everything, the date, the signatures and all that. Your family attorney should at least help you with the answer, even if he/she doesn't do much contract work. Also, you will need the vet's certificates and find out if the vet would be willing to testify/affirm that you had no stallions on the property (if you don't, and if you do, that they are kept safely from other horses). Additionally, after the answer is filed, do ask the attorney to get the age of the fetus, so that you can get an idea of how far along the mare was in her pregnancy. Also ask for attorneys fees. You probably won't get them but a no from the court won't cost the more than not asking!
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