VIC Horse purchase

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

SavannahB

Active Member
6 March 2020
8
0
31
I have recently purchased a horse from photo and video
I didn’t get a vet check
The horse arrived and had a very noticeable lump on her leg. The next day I noticed she was lame.
I had my vet come and X Ray the lump and it is an old fracture of the fetlock with considerable bone calcification. The seller denies all knowledge of this injury
She has offered my money back minus $500 deposit as per her contract. She also want to pay this money back over time.
I have asked how much time she needs with no response. I have also asked for a partial refund and keep the horse She is denying all knowledge of this injury. My vet has stated it is an old injury
I did have the opportunity to vet check before purchase but trusted the seller. She will never be able to be able to be ridden. I purchased her to ride and show
How can I proceed
 

John R

Well-Known Member
14 April 2014
689
174
2,394
Sydney
How much did you pay for the horse?
 

John R

Well-Known Member
14 April 2014
689
174
2,394
Sydney
Was the seller a private seller or were they a business/with ABN?
 

John R

Well-Known Member
14 April 2014
689
174
2,394
Sydney
Did the contract contain any other relevant information (beyond the "refund less $500" clause)?
 

rjm

Well-Known Member
2 February 2020
92
8
314
Not looking good I'm afraid. Even if she gives you a time frame for paying you back there's no guarantee she'll do it. I'm guessing she'd want you to pay for the horse to be transported back. If she doesn't pay you will have spent $3000 on the horse, $660 on transport, the vet bill, & have nothing to show for it. The only good thing is that she's a mare. Is she paddock sound at least? If yes, you're probably best using her as a broodmare. If no, the kindest thing you could do is put her down. If you send her back I very much doubt you'll get your money. The seller may very well fill her with pain medication & scam someone else. The contract itself would have been enough to put me off buying from her. Always, always get a vet check.