Legal Question in Credit and Debt Law in Virginia

Re: Equine Fraud

You should await the pending diagnostics and then, depending upon the findings, act accordingly. (If the horse was found likely to be lame at the time of the sale and contrary to the seller's written representations on the bill of sale, you could then make a written demand for the return of what you paid for the animal and if such is not remitted, then file your case in small claims court for the recovery of your damages.

Re: Equine Fraud

Both implied and express warranties can arise in the sale of a horse. For instance, if the seller knows that the horse is to be bought for a particular purpose--e.g. a jumper--and yet knows that the animal is unable to do so--e.g. crashes a cross-rail--liability may arise. It also may arise in the event that an express warranty is given.

Saying that the horse is sound to the best of one's knowledge is not a warranty of soundness, but rather that the seller is not aware of a problem. X-rays often disclose information that a seller was unaware of. Also it would need to be established (via vet testimony) that the soundness was there at the time of sale.

In your case your rights will depend upon what exactly was said by the seller, the terms of the contract or bill of sale, and what veterinary testimony says. Clearly the fact that a prepurchase exam was not conducted is not favorable since such are common in this industry.

For further information I advise contacting an equine attorney as often such consult will not only assist with a current dispute but also prevent future disputes by learning how to protect oneself in a horse transaction.