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Forged health certificate and PPE

This did not happen to me, so I might not have all the details straight, but someone I know purchased a horse off of Craig’s list. The sellers provided a health certificate and PPE results. When the horse showed up lame, they discovered the documents had been forged – the vet had never seen the horse; the sellers had taken paperwork from the clinic and altered it.

What recourse does the buyer have in this situation? They are out of pocket for the horse, lawyers fees and veterinary bills for an unsound horse.

I am not a lawyer nor do I play one on TV but I knew someone in a similar situation and the judge said “buyer beware”.
I was naive when I bought my first horse whose owner told me that the seller arranges the PPE. Lucky for me the horse was suitable to my needs and there were no hidden problems.

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Consult a lawyer. Lots of things about horses are buyer beware, but this sounds like fraud. If we’re talking normal Craigslist prices, check out the limits on your state’s small claims court.

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May not help the buyer but I would think the Vet Clinic would/should go after this person - Forgery is a crime in all 50 states. Curious if they have legal bills already, what have they been told?
Actually I ended up in a similar but much more complicated situation about 18 months ago. Mine was an import so there were international issues along with a bunch of lies. The equine lawyer I consulted with said the best way to approach would be “breach of contract” because we did have a document. But the money I would maybe have recouped would have been mostly eaten up by the legal expenses, so I caved. In my case the horse had to be euthanized.

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It’s interesting that they accepted a PPE not done by their vet. I thought the point was to be there while a vet examined the horse. I learned much more from the side comments made than what the PPE actually stated. Maybe this is done on show horses? It sounds like fraud, but probably civil case rather than criminal, unless there were other factors, such as crossing a state line with a fake health certificate.

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Well, that’s ideal but if you don’t live near the horse that may not be possible. BUT - the PPE is typically paid for by the buyer, so it would be hard for that to go wrong - if you don’t call a vet or pay a vet, it didn’t really happen.

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Oh my gosh, I am so sorry.

OP, would it be of any use for the buyer to put the seller on blast on social media? Or is the seller a fly-by-night kind of individual who wouldn’t care?

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Before you go blasting away on social media, be sure that the vet’s office is OK with this. If you need them to stand in your corner if you proceed with legal actions you do not want to offend them with a social media frenzy.

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Rule #1 when buying a horse… trust no one. “Maybe” trust the vet you are paying to at least give you their best guess about the condition of the horse (because a “guess” is all it is, hopefully an educated guess, but no one can foretell the future). If you are not paying the vet, the vet is not working for you. Green horsemen out buying a horse is often a recipe for disaster. The cost of mistakes made is “tuition” at the school of horsemanship. Is it worth pursuing legal routes??? Depends on the price of the horse I guess, and your local climate of legalities, and your appetite to pay legal fees and engage in legal disputes, on top of the previous rip off.
Good luck!

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In my situation, internet blast was one of the first things I considered when I realized the seller wasn’t going to make good on her commitment. Though the horse was imported, seller was fairly well known in US and was planning to relocate here in Fla so at first the public shaming seemed a good outlet for my sadness and anger.
BUT I’m old enough to realize it wasn’t going to get me anything but maybe a pissing match so I went to plan B and told the story to people I knew, one by one. Horse world is small and its gotten around. I’ve told the story places like here and disclosed the seller if asked, but only in a pm.

Back to my original comment, forgery is a crime and someone should nail the person who signed the vet papers. File a police report at the very least.

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No idea how much you paid for the horse --if less than $5K, and you have the time to do so, consider small claims court. If more than $5K you would need a lawyer. Good thing about Small Claims court is that it is user friendly --when I sued a clinician for return of my deposit (she claimed deposits were not refundable, took the money, then didn’t hold the clinic --the law is clear that “money exchanged in anticipation of a service or product must be returned if the service or product is not provided or produced.” --anyway, I sued her for my $300 deposit.

The court clerks at Small Claims answered all my questions, helped me find the right forms, and made sure I knew things ahead of time --like if you need to go to the bathroom during your case, ask the clerk (who sits by the door) to signal the judge. No one can give you legal advice at the court, but everyone was really nice and encouraging.

That’s the good part about Small Claims. The bad part is that anything involving the court system takes a lot of TIME —to get my $300 back, I appeared in court (with all my documentation x 3 --one for me -one for judge–one for defendant ) SIX times. I am retired, so I had all the time in the world --and it was kind of fun to dress up and show up --and the court house is only 15 min from my farm.

I initially won my case + costs + witness fees ($300 morphed into $765 in my judgment). That should have been it --but the defendant -who never appeared and actually hired a lawyer for SMALL CLAIMS geesh, --she asked for a do-over [called a set-aside], then asked for a continuance, then asked for a second continuance, finally lost her case AGAIN, refused to pay, so I’m back in court to force the issue (Hearing Supplemental allows the “winner” to do things like see tax returns, bank information, credit history --and if the loser won’t produce it, the loser is held in contempt and in theory can be arrested for failing to appear/produce required documents) another hearing --at the last hearing, the judge appeared to be fed up with the clinician’s excuses and the lawyer’s failure to provide documents he said he had.

At that point the clinician paid me.

My case was first heard in Oct. 2018, I received my check in June 2019.

One other small fact --my kids are lawyers --while both made it clear they would not take my case, they encouraged me and when the clinician hired an attorney (totally freaked me out), told me that I would still win because regardless of what the lawyer knew or said, I had the law on my side and there was no wiggle room. The lawyer couldn’t remember the clinician’s name half the time; and spent a lot of time complaining about being in Small Claims and the amount of paper the clinician sent him: “You’d think I was going to the Supreme Court,” he told the judge. The lawyer tried to take the case sideways (argued wrong venue) but couldn’t make it fly cuz the law allows the case to be brought where the contract was made --and in this case, the clinician had been in my state when she signed me up and two of my witnesses (who testified to that).

Anyway, this is way too long . . .but it was my one and only time I came close to feeling like I was on Judge Judy!

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One thing I learned about equine liability laws is that they cover equines. In Maine it says the “Inherent risk of equine activities.” It’s things horses do, not things humans do. A horse might spook and dump a rider, an equine activity. My former BO’s insurance company shelled out $15,000 when a cinch broke, the saddle slid sideways and the rider hit the ground. That’s not an “equine activity.” Horses don’t put tack on. Humans are supposed to notice leather in questionable condition and do something about it. Like fix it so it is unlikely to break when someone is in the saddle. She quit the public trail and beach rides.

I’d say the same thing to the judge who said horses are horses. Absolutely true. However, they don’t decide to move. They could care less about negotiating a price. They don’t contact their vet for the PPE and health certificate. They probably won’t ask you about small claims court. It’s unlikely they will be a witness if there is a PPE.

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I agree. I’ve had PPEs done remotely when I couldn’t be there, but the vet always spoke to me directly. I think this was a case of misplaced trust and the belief that the PPE had actually taken place.

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If the health certificate is one of the standard state issued forms usually needed for interstate, this might be a job of the state attorney generals office

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This^^ Times 10

When I bought a horse out of state, I still hired a (local to the seller) vet to do the PPE, and was on the phone with her while, or immediately after, the exam…

Whether or not you can get legal restitution for fraud, I don’t know, but accepting a PPE document provided by the seller is the ultimate naivete.

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The problem is that unless the horse is at least somewhat expensive, the toll it takes on the current owner to pursue this in any fashion is significant. Time and energy, at least, and likely money as well, with the possibility in the end of no real action and no recompense. To make anything happen will undoubtedly need a lot of follow-up. That is the hardest part for many people - staying after it week after week, month after month.

IF the value of the horse is over $5k (because agencies tend not to like to pursue small money cases) …

Call around to state agencies and see if any are interested in some aspect of this, as fraud, as some kind of veterinary interference … something. An agency action would not be on your dime.

This. The state attorney general is a good place to start. They also might suggest other agencies if it is not in their purview.

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I’d go this route and verify with the vet office that they are willing to cooperate with an investigation, ie provide a sworn affidavit that they did not produce the document, didn’t authorize anyone to affix signatures/information, etc, beforehand because it will be necessary. The vet office will be the victim of the forgery, so should go in that jurisdiction. It’s early and I was up late, so I’m trying to think a little less foggily (no red squigly line that’s apparently a word!). Depend on OP’s state and how they word their statutes, she can go with fraud but not forgery if the vet office says they are going to handle it some other way and don’t want to be a willing victim for the forgery. Or do both :slight_smile: If there is any sort of contract, you might have false swearing if that’s something your state has (mine does). These are ways to push back against LE saying it’s a “civil issue.” Contracts and sales are sticky so the average poleese is going to lead with “can’t help, it’s civil, suggest small claims court.” Which I would also do, tbh. There will be some out of pocket for the OP in the form of a second vet exam and finding one that will also complete a sworn affidavit based on findings that it couldn’t have been sound when it was seen on X date because of Y chronic issue or Z signs of lameness being advanced.

I’m spitballing a little …

I dunno if it’s a state AG’s office (honestly probably not, more likely state patrol/police, or whatever entity is authorized to say “papers please” at check points) or maybe like whatever federal agency rules interstate travel/livestock and etcs… Perhaps even USDA?

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I agree that the vet is the one who needs to go after the seller for forgery. If they are a respected clinic, they should be very concerned that someone is using their good name as part of a fraud.

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yes the USDA and therefore federal. Checking in the the USDA office . they might have a protocol for these type misrepresentation.

The vet involved is an injured party here as well and may have consequence if somehow someone in their office is involved.

this is not a simple civil matter since there are many bystander parties and rules / laws that might have been broken. A law office who understands ag laws and rules is needed for sure.

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I either read somewhere or was told by someone that when buying a horse “know the horse or know the seller”. All four of my horse acquisitions in my adult years have met these criteria, & I have enjoyed partnerships with four of the best horses ever.

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