Bought a sick horse

I’m posting anon.

I rode the horse 3 separate times. Seemed fine. Had a vet check, no blood work (I’ve never had blood work done), passed. The next day the horse was delivered (my own hauler) with a 102.5 temp. Went straight to my vet.

Turns out he had pneumonia. Stayed at the vet six days until he was cleared to leave. Did a nasal swab on Thursday to make sure he still wasn’t contagious.

Turns out he’s a Strangles carrier. She scoped him and he has pus in his gutteral pouches. I can’t afford this.

Calling the seller today. I’ve had the horse less than two weeks. I want my money back, $4500. and to return the horse.

What are my options?

What if she refuses to accept the horse/return the money?

How do I get the money from her? What if she agrees to pay, I show up with the horse (5 hours drive) and she says she will take the horse but not return my money? Is it possible to have her PayPal it?

The horse is still at the vet @125. a day and cannot leave. What if she drags this out and I have to keep paying the vet.

If I take the matter to small claims, I’m still stuck with paying for the horse at the vet.

Returning the horse is not in the sales contract. It is very rare for anyone to give trial periods.

I have a copy of the vet check with states the horse was healthy.

Thanks to any advice.

I don’t want to put the horse down since he’s fairly young, 10 yrs old and can be cured, but if I have to I will. The meter is running at the vet.

Do you have any proof that the seller knew the horse had strangles when she sold him to you? It can be pretty rampant in sale barns and isn’t always noticeable until the horse gets sick.

[QUOTE=enjoytheride;8807213]
Do you have any proof that the seller knew the horse had strangles when she sold him to you? It can be pretty rampant in sale barns and isn’t always noticeable until the horse gets sick.[/QUOTE]

No, no proof.

Talking to other people I know. Sounds like I’ll have to return him and that’s it. I’ll just have to accept the $$ loss. Oh well. My worry now is if she refuses to take him back.

I’m sorry but I think this is a case of buyer beware and an as-is sale. I assume your contract had no guarantees of soundness or health and that it was up to you as the buyer to do a PPE, which you did.

I’m not in the business of selling horses, but I doubt you’ll get this seller to take this horse back. The horse presumably didn’t exhibit any symptoms of illness during the time period in which you tried him. Your PPE didn’t uncover any symptoms of illness. While one could assume that he was likely in the incubation period of the illness while you tried him, your vet did not find anything during the PPE (unless you used seller’s vet and he/she was shady and in on a cover-up).

If I were the seller, no way no how would I allow a sick horse like that into my barn. So what do you want to do? Take a sick horse out of a vet’s care and send it back to the barn so that it can spread strangles to the other horses? And then get your money back while the other horses now get sick and cause a financial strain for all of the other people with horses there? I don’t see the seller going for that.

I’m sorry you are in this position - that really sucks. How long do they expect the horse to be in the hospital? I assume you didn’t get insurance on the horse before he left the seller’s property? I think the best place for the horse is in the hospital - not just for his sake but for the health and safety of other horses. A hospital is best equipped to handle this from a preventative-health perspective for all other equines possibly exposed.

I would proceed with the situation presuming you are going to get nothing from the seller. Focus your efforts on getting the horse well, or euthanizing if that is your only option. You could try to go for damages after the fact, I guess, but I don’t know anything about how you’d do that.

Yikes! That is a big loss for you. :frowning: Won’t the horse get better in a week or two? No place to keep him isolated except the vets? Total drag, I feel bad for the horse too.

I think this one’s on you. You had a PPE done, and the results were acceptable to you. You opted out of insurance, which would have presumably covered these costs. I wouldn’t expect to get your money back. Maybe, if you’re lucky, the seller will take the horse back. But, I wouldn’t count on it.

Your bad. Sorry.

I work for a buy/sale barn. We bought a sick one three weeks ago. Of course, at the time, we didn’t know it was sick. The horse seemed fine (a little under weight), but she was bright and a great little ride. However, about a week later she started coughing, runny nose, and more. We also noticed swollen lymph nodes. Called the vet - no strangles but he treated her with a strong antibiotic and a few other things. He said give it three days before we ride her again. However, while my boss was out of town, mare got worse. She is now super sick, vet bills piling, and she is already into her for more vet money than what she paid for her. Oh well. It’s not the sellers fault. She is also a nice enough horse that after she is better and we put time into her, she will “make her money back”.

Unfortunately, sick horses are sometimes part of the business. It’s part of being a horse owner, as well. This seller could have NEVER known this horse was sick (it passed your vet check!). It’s not her/his fault that the horse is sick. You paid for it. It is now your responsibility. If you want to go ahead and dump him off back to the seller, now that it is sick and you don’t want to keep it, that is your deal. However, you absolutely should not expect your money back. You probably also shouldn’t be buying a horse, either.

It might be worthwhile just seeing what laws might apply. In some states, if the seller is a professional buyer and seller of horses, there are lemon laws that apply, at least in some cases. This would involve talking to a lawyer (more money), but it might be worthwhile.

But your first option is to talk to the seller and see what s/he says.

So sorry that you’re stuck in this mess.

Please don’t transport a sick, infectious horse. You have no proof that she knew he was sick, and the vet you hired passed him the day before shipping. Even if she knowingly hid the horse’s illness and put a very sick horse on the trailer, you can’t prove it, so it seems pointless to spend a lot of energy trying to. It was your hauler, and while he was only on the trailer for half a day, that’s long enough to pick up a bug.
(By the way, have you informed that hauler so he can disinfect that trailer??)

Now, what’s the long-term prognosis–once you get over this hump, will you be able to use this horse for your intended purpose? Someone correct me if I’m wrong, but being a strangles carrier isn’t some permanent condition, is it? I thought it’s just that the infection can linger a long time without obvious outward symptoms (so it doesn’t get treated, and they remain infectious). But if you treat it the infection can be cured, and then they’re not a carrier.

No matter what you can’t make her take the horse back, or give you money back-- heck, the courts can’t even do that. Most you’d get from a court (and it seems unlikely) is a judgment against her, but that’s not the same thing as taking money out of her bank account. So given the horse’s value, very unlikely that hiring lawyers is a good investment.

So I think all you can do is talk to each other and see if you can come to a mutual agreement to refund part of the purchase price to offset the costs of his treatment for an illness which he most likely contracted while under the prior owner’s care.

Don’t go in with guns blazing. You’re just going to have to appeal to her sense of fairness and integrity (rather than accuse her of not having any).

Move him to a barn that can isolate him and wait it out!! Horses recover 100% from strangles!! No need to throw him away!! A bad deal, but seller had no way to know if the horse was “going” to get strangles if the vet didn’t see any signs. A sad, expensive situation, but not legally feasible to recover your costs. Vet $$ sounds overly expensive to me!! There is no treatment for strangles…just supportive care…and time. Good news is he will be immune for the rest of his life!! PLEASE don’t expose him to any other horses!! You still will have the horse you liked enough to buy when this is all over!!!

Does the horse have strangles, or is he one of those asymptomatic carriers that sheds the bacteria everywhere? Can’t quite tell from your initial post.

The horse was diagnosed with pneumonia, and also as a strangles carrier. The horse does not have strangles. But, nonetheless, no one wants (quite reasonably) a strangles carrier in their barn until that status has been cleared up via treatment.

I really feel badly for our OP. It’s just a crummy situation. If anyone is at fault it would be the vet IF they missed obvious signs of illness (pneumonia) assuming there were any signs at the time of the vetting. That might be hard to prove. It’s possible, but probably unlikely that the seller knew the horse was sick–heck, the vet even missed it. So, I think it is very difficult to fault the seller.

As far as checking for strangles carrier status, that’s not a normal part of routine vet care or a pre-purchase exam. I bought a few horses last year and didn’t check any of them. Strangles carriers are just out there, that’s how the disease survives. I think you could consider yourself lucky that the horse didn’t come into your barn and infect a bunch of other horses before you figured that out. It’s maybe a little lucky that the strangles carrier status was caught so quickly.

Anyway, what I’m trying to get at here, is that what happened to you can happen to any horse owner at any time. It isn’t anyone’s “fault.” Yes, I can understand feeling a little bitter about it and feeling like you are taking care of someone else’s problem, but the reality is that this could have happened to your horse (ANY horse) at any point during ownership.

As a horse owner, you need to develop a better ability to take a deep breath. Frankly, the horse could have broken a leg or ripped a tendon five minutes after stepping off the trailer. It could have colicked and needed an even more expensive surgery and hospital stay. Once you buy a horse you are accepting the risks and the responsibility. You’ve just got to take a deep breath and shoulder that responsibility to the best of your ability.

Yes, it is extremely discouraging to blow out your emergency vet fund in the first two weeks of horse ownership. But you know what? You might have this horse for 10 years and it might never have another significant injury or illness. Pneumonia and strangles carrier status are both treatable, recoverable conditions.

You say you need to return horse because you can’t afford this. What if you had brought horse home and two days later he had run through the fence and sliced himself up badly and ended up at vet? Or had colic and required surgery? What if you are able to return this horse and you buy another and it goes lame a week after coming home? Injuries and vet bills are part of the territory with horses. You did what you could with a PPE, but that’s a snapshot of one day and no guarantee of ongoing future health and soundness. Unless you can prove seller knew and was hiding something, horse became yours when you signed the contract and money changed hands. Seller has no obligation to take him back or return your money. Heal horse up and keep him. You’ll be out $4500 plus vet bills but still have a horse. If you do euth him or somehow send him back with no refund, you’ll be out $4500 plus many of those vet bills plus additional shipping or euth/disposal costs and have nothing to show for it. If you do that, build up a solid emergency vet bill fund before attempting to buy another horse.

Have you talked to the seller at all about this? Do they know they had a incubating, contagious condition in their barn? Why you’d even think they knew when your vet saw no signs beats me. But they need to know now, although it’s already too late to prevent anything.

Doubt you have any recourse in this situation. You accepted the horse, your vet passed the horse, you’d have to prove the seller knew the horse was sick and concealed it from you and the vet. More likely the horse picked up a quick acting virus that went into pneumonia during transport or shortly before. Blood tests may not have revealed anything had you run them. Can’t prove anything.

Dont think the vets charges to keep the horse in isolation in their clinic with all the time consuming protocols that entails is out of line. But when he has recovered enough to be moved, there are basic service lay up places experienced with recovering horses that are usually cheaper then boarding barns-unless you need special services. Might want to just put him in one of those for a few months until he gets his strength back.

[QUOTE=furlong47;8807393]
You say you need to return horse because you can’t afford this. What if you had brought horse home and two days later he had run through the fence and sliced himself up badly and ended up at vet? Or had colic and required surgery? What if you are able to return this horse and you buy another and it goes lame a week after coming home? Injuries and vet bills are part of the territory with horses. You did what you could with a PPE, but that’s a snapshot of one day and no guarantee of ongoing future health and soundness. Unless you can prove seller knew and was hiding something, horse became yours when you signed the contract and money changed hands. Seller has no obligation to take him back or return your money. Heal horse up and keep him. You’ll be out $4500 plus vet bills but still have a horse. If you do euth him or somehow send him back with no refund, you’ll be out $4500 plus many of those vet bills plus additional shipping or euth/disposal costs and have nothing to show for it. If you do that, build up a solid emergency vet bill fund before attempting to buy another horse.[/QUOTE]

This.

Horses get sick. All horse owners have to be financially and emotionally prepared to deal with sick, injured, old horses.

You did your due diligence with the PPE. Unless you can prove the seller and/or the vet committed willful fraud in claiming the horse was healthy, you have to accept this as just really shitty luck and deal with it.

Gutteral pouch lavage can clear up cases of inapparent carriers of strangles. Relatively cheap and easy to do.

star

I don’t like the sound of the guttural pouch infection, having had a horse with that, but by doing the math, would you not be ahead to keep the horse?
Is there fungus, or just puss?

What a rotten situation to be in…too bad. I don’t think there is a lot of recourse, tho. Hope so.

My understanding Strangles (equine distemper) is a type of “pneumonia” per-say.

"Most horses will recover, but around ten percent of untreated horses die, usually from a secondary infection which causes pneumonia. Rarely, the abscesses will spread to other parts of the horse’s body, such as the lungs, internal organs, or even the horse’s brain. This condition is called “bastard strangles.”

There are lots of horses that are Strangles carries but never effects them and or other horses.

So does the horse have pneumonia? Or Strangles or the secondary condition caused by a bought with Strangles?

I have dealt with several horses that came down with full blown Strangles. Young horses, both were yearlings. I am told it is rarer in older horses.

Strangles doesn’t come on over night. The first sign are enlarged glands in the jowl area that will get exponentially larger by the day and then burst. The horse will also have some thick nasal discharge which also gets very nasty within a couple of days. While this is starting the horse will be a bit “depressed” and have an elevated temp.

The initial tell tail are the enlarged glands which can easily be felt before they can be seen. There can small bit of the thick “junk” when taking the time to look up and into the horses nose.

Any vet worth paying will as part of a health check run their hands under the horse jowls and check for enlarged glands, SOP and look in their nose. They always should take a temp also. I do this myself with any new horse coming on the farm. Not looking for Strangles per-say just a quick “health check”,

Your post reads like you had a vet check the day before the horse shipped? If so I find it really hard to believe/understand why the horse passed. It is my understanding Strangles or pneumonia having dealt with both does not happen, become full blown over night.

If you had requested the vet to issue a shipping Health Certificate which is a government regulated legal document. Good chance you would have legal recourse with the vet under E&O, (errors and omissions), or aka malpractice.

Given the fact the vet gave the horse a clean bill of health as part of the PPE the day before, even days before you may have legal recourse. Hopefully the horse if being treated by the same vet/clinic that did the PPE. If so you maybe able to get them to pick up the tab. A well written letter explaining the timing of things and demand they pay for everything. Research exactly what the horse has and the “tell tails” exhibited and the timing as to when the horse becomes full blown sick and in need of emergency care.

They in turn may go after the seller.

There maybe some “legalities” with the seller selling and more importantly letting a sick horse leave the farm and shipping to another. Strangles and pneumonia can be transmittable. A call to the state Vet may clarify your states ruls and regs on this. Leave the seller out of the conversation for the time being. If it sounds like the seller maybe in deep do-do with the state call them and tell them about your conversation with the state Vet.

Explain that you will leave them out of it if they come and get the horse and refund your money.

Understand I am not an attorney but have paid my attorney’s for a pretty good law education, especially equine law. The above is not advice per-say just things to think about, consider.

I am with others as far as paying for legal recourse considering the amount of money involved. Even with the vet bills. If you are thinking about consulting with an attorney make sure it is one VERY well versed in equine law. Otherwise you could be paying for their education to look up statutes, case law. An attorney well versed in equine law should be able to give you an idea of what recourse you have and what it will cost to proceed at the first meeting or even over the phone.

To be fair to the Vet and seller we are also going off of only one side of the “story” and the timing of the events.

Based on what has been written I don’t think this is a clear case of “buyer beware”. Something very suspect when a horse checks healthy and ships the next day and the following day is in the “emergency room”. It may just be a case of bad luck. But who’s bad luck?

Unless the horse has been quarantined at the clinic by the state Vet the clinic can not force you to keep him there. If he has Strangles its not that hard to treat. Nor is it expensive. A daily dose of what I call “vampire meds” because they can not be turned out in sunlight. And some other details. Strangles is not a death sentence. Nor is it wildly transmittable. Specific but simple bio-security protocol to be followed. A yearling that came down with it was the only one in the field out of 7 that did.

Pneumonia depending on the type of and severity can be a bit more tricky and labor intensive to deal with. Depends on ones skill and comfort level. I have dealt with some successfully and some that didn’t pull through with what we could do here cost effective.

It’s can be and is a tough decision to “play god”. Meaning, yes if we had spent the many, many thousands it would have cost to keep the horse in intensive care at a clinic. There would have been a very good chance of them recovering. But no guarantees were given. One has to weigh very carefully the financial repercussion of following one’s emotions instead of the reality of the situation.

To be clear I am not trying to throw anyone under the bus.

I will be very interested to see how this is resolved. More adventures in buying and selling horses. As the say; live and learn.

I don’t see how you have any legal leg to stand on as the sellers had no knowledge of the horse being sick and your vet passed him.

The vet that passed him should have errors and omissions insurance coverage that might pick this tab up. If you had gotten blood work, would it have shown the strangles? Did the vet take the horse’s temp? This might be a case where no one could have known the horse was sick until the symptoms actually showed up.