Recently a friend and fellow horse owner - whom I'll call "Sally" from here on - was sued by a disgruntled horse buyer - whom from here on I'll refer to as "Barbie."
Buyer Barbie claimed the horse had been misrepresented to her by Sally, resulting in Barbie being injured. Barbie was seeking restitution in small-claims court. She demanded Sally take the horse back AND pay Barbie the full price of the horse PLUS her alleged medical bills and other associated expenses.
Well, let me tell you. I was there and witnessed first-hand most of the conversations between Sally and Barbie. I also had my own conversations with Barbie. You see, I boarded the horse involved in this transaction. My personal view on this entire situation is that it is a complete fiasco.
Here's why:1. The ad Barbie put up for the horse clearly stated the horse was for an "experienced rider" only.
2. The ad made NO promises about the horse. It didn't say he would never buck, rear, or that he was sound. It made no promises. No surprises, incidentally, to any of us who know anything about horses, right?
3. When Barbie arrived to see the horse, she asked Sally why she was selling the horse, Sally told Barbie the horse had too much go for her. He was not a quiet, gentle horse - although that's how he was advertised to Sally - and was jumpy and moved out too quickly. Barbie chuckled at this and said she liked a horse with some go.
4. Barbie was told the horse had tried to buck a trainer off when asked to lope. She was told the entire situation IN DETAIL. She was told about this situation not only by Sally, but by the trainer and by me. Remember I know, I was there.
5. Despite being advised about number 4 above, Barbie wanted the horse almost immediately.
6. Barbie watched as Sally rode the horse at a walk. Then Barbie got on the horse and rode it. She only walked the horse. She was asked if she wanted to trot or lope the horse but declined.
7. I told Barbie she was welcome to come see the horse anytime and to bring anyone with her, such as a trainer, to ride the horse and make sure the horse was what she wanted. Barbie thanked me and said she just loved the horse and wanted him. She said she could tell, just by being on his back, that he was a good horse.
8. A few weeks later Barbie showed up with her husband, payment for the horse, and an empty horse trailer. She was obviously eager to take the horse home. Barbie mentioned the bucking, but said it didn't matter. She said she wasn't worried about it since the horse was going to her trainer anyway.
Barbie and her beloved new horse pulled out of the driveway. All seemed good. Sally was glad to have sold the horse and was now anxious to find a gentler, quieter horse for her to learn to ride on.
Thinking on Barbie's arrival the day she picked up the horse, I remember watching her maneuver around the horse and struggle getting him to load. She used tactics like the old "rope behind the butt" and "here's a carrot, please get on?" techniques. I was surprised at how inept she appeared. The day she'd come to see the horse she bragged about her riding skills and her lack of fear. She had commented several times on her own perplexity at Sally's fear of the horse.
Well, there you have it. There is the run-down of the events as I recall them.
In a nutshell;The horse was NOT misrepresented,
NO guarantees about the horse were made,
No lies about the horse were told,
Every opportunity to ride the horse, have the horse vet-checked, have the horse ridden by a trainer or other expert rider were available to Barbie at any time.
So why then is Barbie demanding Sally take responsibility and blame for Barbie's failure to have chosen a horse better suited to her actual riding abilities? Why did Barbie fail at every opportunity to have the horse ridden in all gaits and had it vet-checked, etc? Why didn't she use a checklist, such as the one I highly recommend at Equine Legal Solutions?
Here's my tip, folks. The next time you buy or sell a horse please protect yourself. Go to
Equine Legal Solutions and read-up on as much as you can about buying and selling horses. Sellers - make sure you protect yourself against the "Barbies" out there. Buyers - please do your homework before you buy. It is YOUR responsibility and remember, "Let the buyer beware."
Since the judge in this case was lacking in the legalities surrounding horses and the buying and selling of them, he is "researching" the matter. So, the verdict is still out.
For me, it's pretty cut and dry. Sally should win this case hands down. She did nothing wrong. Barbie, however, gets an "A" in stupidity and an "F" in responsibility.
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