Legal Question in Consumer Law in Washington
Purchase not fit for purpose bought
I bought a $24,000 breeding stallion from AR. A few days after his arrival while grooming under his mane, I found that his crest was weak, a serious fault for breeding as it may indicate an inheritable defect. If the crest should fall completely, he could not be used for breeding.
This purchase is a gamble I wouldn't have taken, had I known what was hidden under the mane.
The sellers are blaming me for the problem. Experts can easily prove otherwise.
Even as a riding horse, his future is iffy, due to a previous shoulder injury, which the seller minimized to nothing before the purchase.
I love the horse and am seeking help from every equine professional I can think of to see what can be done to correct his problems.
In his present condition he may be worth $10K maximum. Rehabilitation is questionable.
The sales contract did not address warranty. Do I have any legal recourse? What options do I have?
1 Answer from Attorneys
Re: Purchase not fit for purpose bought
You need to contact G. Paul Mabrey in Gig Harbor, Washington. He is a retired equine vet and a practicing attorney and is likely one of the few in the state who can give you a straight answer.
There is an implied warranty of fitness for purpose in the purchase and sale of livestock.
If this is a serious fault you may have a case. That said, you also may not have a case if you should have checked the animal out before purchasing him.
Hope this helps. All Washington lawyers can be found on the bar's website which is wsba dot org.
Powell
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