Thursday, September 4, 2014

Hello, I bought a pony last November and was told he was a gelding. I was also told he was bought from a sale barn. I palpated the pony to c...

Question

Hello, I bought a pony last November and was told he was a gelding. I was also told he was bought from a sale barn. I palpated the pony to check him (I am a vet technician). The only reason I did so was because stud buyer told me four different stories about the status on this pony. At that time no testicles were easily palpated or in reach. It's now spring. He has started acting like a stud so I checked again. He now has one descended testicle. I have asked the seller multiple times for the sale barn info and sale ticket to contact previous owner for the info I need in order to know what procedure this pony needs to be fixed. It's a difference of five hundred dollars for me if not more. I have Facebook emails from me and him asking questions and trying to get info. He has also admitted that said pony wasn't purchased at a sale barn. Here's my issue I still have no idea if there is another I descended testicle or not and it matters to the health of the pony. Can I sue in small claims court for misrepresentation of the pony and medical expenses incurred to fix him?



Answer

If the pony was misrepresented they you can sue in small claims court. Even though you can proceed pro se, I would buy an hour of an equine lawyer's time to find out where you stand and what you can claim. There are a few of them around. I suggest you contact the Iowa State Bar Association and see who they have who practices in the field.



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