unknowingly bought a horse with a club foot...now what?

Earlier this week I agreed to buy a horse site unseen (I had seen videos) contingent of it passing a basic vet check. The vet said he was a nice horse, passed flexions 100%, but had high heels and was in need of a trim. When I mentioned this I immediately questioned him and asked if he thought he may have caudal heel syndrome or similar, and he felt confident that the feet were just a bad trim...so as the horse passed...I bought him.

He arrived at night and seemed ok so put him in the isolation pen...but today I brought him in to have the vet do his teeth...and yikes! His LF is very upright and walks obviously heel toe. Vet thought instead of teeth, we should xray to see how bad it looked internally....it is definately a defect he was born with as his bones all line up to be this upright. How could a vet miss a club foot during a prepurchase?

So...with the club foot he likely shouldn't be the jumper I bought him to be...so what do I do? Try to get the seller to take him back (the contract stated she would owe a full refund if he was proven to have a pre-existing condition that she didn't disclose), Or do I try to find him a lighter use home and take the loss? I am just so dissappointed in the vet that did the prepurchase. Advice?

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Permalink Reply by Geoffrey Pannell on November 13, 2009 at 11:27pm

Hi Karen, The x-ray would confirm a pre-existing condition , so the seller is possibly in breach of contract. Send the horse back! Why take a loss on a three legged horse!

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Permalink Reply by Karen Nelson on November 13, 2009 at 11:48pm

Thanks Geoffrey, that is what I am thinking too.

I am trying to get ahold of the seller...but so far no return call or email, so she so far doesn't now about the vet check/xrays at my place. Hopefully we can work this out civilly. I sent the xrays to the vet who did the prepurchase (he asked to see them...I think he is embarrassed he misjudged the severity of the issue). I will likely have to wait until Monday to hear from him though.

I have also forwarded the info to our lawyer...but I hope it doesn't go there. The horse should be marketable for a different use, just not suited to what I wanted/asked for.

karen