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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I purchased a 3 yr old horse at one of the auctions

Customer Question

Hello,
I purchased a 3 yr old horse at one of the auctions in Germany. The horse arrived lame. The auction was alerted by me immediately. They asked me to have the vets at the clinic investigate. This was nearly 5 months ago now. They promised to refund me the vet expenses which amounts to about £4,000. The MRI scan revealed ALL... due to bad foot management the mare, in short, is very lame on both front feet and both my personal vet and those at the clinic are very reserved as to whether the horse will ever be sound again.
The bot***** *****ne is that the vets and myself AND other auctions I called for advice (I have been purchasing auction horses for about 25 yrs now, I am well known in the circle) all agree the horse should go back for a full refund. This auction in question has been killing time and toying with me so to speak. I am looking into addressing a litigation lawyer in Germany specializing in equestrian matters, which I have a telephone appointment tomorrow morning. My question is what do you think my chances are of winning this case. My concern is of course this will get very expensive.
Believe me I have tried to negotiate through this in an amicable way: I tried to re negotiate the price and ask them for insurance so that I could claim loss of use when the time came, but the breeder will not move. I then tried that the breeder takes the horse back and gets the insurance, in this instance, the breeder, in my opinion comes out on top!! He gets loss of use money amounting to 80,000 plus he gets to keep a very valuable mare for breeding, but he's answer was that HE does not want the risk, yet HE sold ME a LAME horse. Also his investment in the mare, is minimal, he bred her and owned her for just 3 years, he's probably spent about 15,000 Euros Maximum over 3 years. There is also evidence by an anonymous person who works at the auction, that the horse was in the Elite auction earlier in the year and was pulled out due to being "unsound".
In a nutshell, that's the story. Any advice you could offer would be greatly appreciated.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
by the way, the CEO who has been communicating with me has been extremely elusive and unhelpful with any suggestions. I don't know why he doesn't try to resolve this. I'm not going to go away!!
I forgot to say that I also have a phone meeting with the insurance company, as the horse is fully insured. I have told the insurance company that the Auction has, in my opinion, fraudulently insured this horse which will no doubt at some stage end up a Loss of Use this year. I am hoping, tomorrow that the insurance company will also fight back. So I have 2 calls to get through tomorrow morning and try and get a perspective on how to handle this. I am hoping the Insurance company will turn around and force the Auction house to send the horse back to the breeder. The insurance company is one of the largest in Germany and I would imagine they have their own team of lawyers???
Customer: replied 1 year ago.
By the way, the insurance company is fully aware of the condition of the horse, they have had all the vet reports.
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What is it you want to achieve please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
What I would like to achieve now is that the horse goes back and I get a complete refund. Ideally, I should also be refunded for all the veterinary costs. Even more than that, I should be refunded for the cost of transport from Germany to England, 3,000 Euro and of course any legal fees. I could go on that I should also be refunded for the keep of the horse and the farrier bills, but I would be more than relieved for the horse to go back and get a 100% refund which includes the auction commissions.
The value of the horse was 100,000Euro knock down.
Expert:  Ash replied 1 year ago.
Do you have a number?
Alex
Customer: replied 1 year ago.
my tel: *********** not sure what more you need. Should I be calling you?
Expert:  Ash replied 1 year ago.
No I will call you shortly.
Alex

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