my question is can I sue her to get her to pay to have him castrated ?or sue for fraud/ misrepresentation?
Description : I traded a horse with some health problems to a lady for a pony for my 3 year old daughter last year the lady told me she had him gelded , the pony was only 2 years old . we just noticed the last few weeks that the pony was acting studdy around my mare horse so I had a horse friend check him out she told me he still has his nuts . so I took my pony to the vets and the vet comforms yes he is still a stud ?
my question is can I sue her to get her to pay to have him castrated or for fraud/ misrepresentation
- AdeleLv 44 weeks ago
Bottom line is it will cost you money to sue and it is cheaper to just have him gelded. It was your responsibility to have him vetted or just check to see he was gelded before buying. Horses are bought "as is" and she will most likely not give you a refund.
- OcimomLv 72 months ago
Just ask her to pay for castration as the pony was bought under the assumption it was gelded. Didn't you bother to check before you bought him? Its not that hard to tell if the pony still has his balls.
- partly cloudyLv 73 months ago
Have a bill of sale, stating he was a gelding? Even so...it was a year ago. It will cost you about $100 -$150 to file a suit. Even if you were to "win", you will not get those court fees back. Also, getting any money at all will be a completely sepearte matter. I think gelding cost about $300.00 Just have your vet geld him, keep him seperate from the mares for a few months.
- Anonymous3 months ago
Animals are sold "as is". You had the opportunity (and responsibility) to have the pony vet checked before you bought it. You chose not to. Too bad, so sad for you.
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- zephania666Lv 73 months ago
Your best option is to return him for a refund.
Not only is he not a gelding as you were told, but you bought a 2 year old.
A 2 year old horse/pony is unbroken and totally unsuitable for a 3 year old child. Forget the warm image of them growing up together - he's likely to hurt her trying to play with her at the very least. It could be worse.
The younger the child, the more seasoned and safe the pony must be.
The younger the pony, the more he needs a seasoned owner and rider. If you didn't notice he wasn't gelded, you're not that.
So return him and try again.
- EvaLv 73 months ago
If you don't have anything in writing that says he's a gelding, it's your word against hers. If you didn't check his equipment before you bought him, it's pretty much on you.
- SnezzyLv 73 months ago
Suing will be a substantial difficulty, and will involve proving that the studdy pony you now have is the same one that she sold you. If you win your lawsuit (which most likely would be in small-claims court) the next step is to try to collect the amount you won from her. I won $1400 in a lawsuit once, years ago. I've not seen the money. "Blood from a turnip" comes to mind.
- Anonymous3 months ago
As long as the bill is sale states he’s a gelding and not a colt and your vet check when you purchased him confirms this. (It will state what sex your animals is when the coggins is done)
If you bought the animal without having a vet check then it could possibly be considered an as is sale, unless you can prove the seller stated he was a gelding.
To be fair to the seller, it also is possible for a horse to be gelded and to have a vet miss one of the horses testicles. If he was gelded young before he dropped and the vet only got half but thought he got it all it is possible he could have dropped a couple months later.
It’s also possible that the horse was cut, he will act studly and looks like he can do the deed but there’s nothing in the scrotum. Geldings like that are often used to tease mares to see if they are ready to breed.
It comes down to paperwork and your knowledge of horses etc. one would have thought that if you were buying a horse (pony) that you would have checked to see if it was a mare, gelding or stallion.
- *****Lv 73 months ago
You can sue for anything. Will you win? Maybe, if you have proof that she sold the pony as gelded. Before resorting to the legal system, though, try talking to her and asking her to pay the bill for the gelding procedure.
- Mark IXLv 73 months ago
Of course you can sue, I assume you have it in writing that you were sold a gelded horse. If you don't then you won't win.