Mistake As to Age of Horse

[Cindy Peterson]

I had advertised a 16 yr. old rescued riding horse for sale in the paper for $600.00. She was advertised as "rescued and underweight" The gal who responded said over the phone she had horse experience, and that she was looking for a reasonably priced horse to ride on the trail. I told her we had had her a short time, and ridden her 7-8 times on the trail and she seemed to have good training, and was not spooky or scared. She later that week came over to see the mare. I told her again that she was a rescue, and that we had no history on her. I told her my vet had briefly glanced in her mouth and thought she was around 16 yrs old. You could see her ribs, and I explained she needed time, food and slow increase in excersize. We then saddled her up and I first rode the mare, and then she rode her. She decided that this was what she wanted, and we wrote up a contract of sale. In the dated contract, we identified that this was a unregistered rescue horse, and that we had no history on her. We also stated, that we did not guarentee any use of any kind, and that she was being sold "AS IS" I also said that she was approx. 16 yrs old. A week later she called and said she wanted her money back, that the horse was lame, and her vet had thought the horse was 21 to 23 yrs. old. She claimed I had stated the horse was sound and in good health, and she was taking me to court if I did not take her back. I explained our contractual agreement, but she said that her friend and the barn owner heard me make statements that she was sound and had been looked over by the vet. I told her the horse was sold "as is", and that I made not claim about her health, in fact, that I made no guarentee of her health at all. She then called my vet and my real estate agent (I had my house up for sale at the time) and made claims of sueing me and putting a lean on my home. Do you think I need to get a statement from my vet stating she had never been examined for health or a pre-purchse exam? Do you think my contract with her will hold up, even though I put "approx. 16 yrs. old"? Do you think she has a case against me? Any advice on how to approach this to the judge? Thank you, Cindy

[Mr. Knowitall]

A letter from your vet saying he has never examined the horse would be pretty much meaningless. (Had he examined the horse and estimated it to be 16, that could be helpful.)

Small claims courts tend to lean toward "splitting the difference". They are hard to predict in any given case. You haven't been sued yet, and she has no present basis to file a lien against your home.

[Cindy Peterson]

Splitting which difference?. The horse was sold for $600.00, and her claim is for $2700.00. How does the court look at the add on amount to this purchase. If I have a written contract with no warrenties and sold "as is" why do you think they might lean towards a split? Thanks, Cindy