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J & J Performance Horses

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Reviews J & J Performance Horses

J & J Performance Horses Reviews (3)

May 15,
VIA E-MAIL
*** ***
The Revdex.com
Re: ID ***
Dear Ms***:
This letter is written in response to your correspondence requesting that I address a complaint which was made by MsJennifer ***.
I enclose herewith for your review, a copy of
the correspondence which my attorney previously provided to Ms*** which addressed her concerns regarding the horse that she purchasedAs indicated in the letter, the horse which was sold to Ms*** was not misrepresented and Ms*** had every opportunity to inspect the horse, have a veterinarian examine the horse, call previous owners and trainers regarding the horse, and make any inquiry she felt was necessary prior to the purchase of the horse and failed to do so.
Ms*** purchased Dutchess, a pony on February 21, She was well aware of the fact that Dutchess had been offered for sale for several monthsIn fact, Ms*** had inquired about the pony well in advance ofher actual purchaseShe was not interested in the horse initially however, due to a change in circumstances the price was lowered and Ms*** then became interestedShe had a considerable amount of time to make any inquiry she felt necessary regarding the horse's background.
On February 21, Ms***, her daughter, ***, and I each rode the ponyMs. *** was the one who made the ultimate decision to buy the ponyAt the time we rode the pony she agreed that the pony had a good temperament and was satisfied with her
The pony had been shown successfully by a ten year-old girlMs*** claims to have contacted the former trainer of the pony but has never contacted the former owner of the pony to verify the accuracy of my statementsHad she taken the time and effort to do this she would have learned that the family was very happy with the ponyThe family that owned the pony prior to Ms*** will stand behind the pony which their daughter showedThey will verify that the pony was safe, calm and appropriate for their daughter
Additionally, at the time Ms*** purchased the pony she was advised as to what the horses training program was and it was recommended that the pony be kept in a training program with a professionalRather than follow the advice of an experienced trainer she decided, apparently to the detriment of her daughter, to not place the pony immediately into a training program and waited many weeks before doing soIt is important that horses that are going to be ridden by young, less experienced riders be maintained in a training program so that they do not develop undesirable habitsA horse needs consistent, competent training to perform at its best. In this case, the buyer did not follow my advice and did not place the horse in a training programFurther, there is no indication that the horse is being maintained in a consistent
training program or what is being done to the pony
Additionally, the Purchase agreement clearly indicated, in bold and large font that "SELLER MAKES NO WARRANTIES WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSETHE PURCHASE OF THIS HORSE IS SUBJECT TO THE TERMS AND CONDITIONS OF AN 'AS IS" SALE"Additionally, the purchase Agreement contained the entire Agreement between the parties and there were no other agreements or representations
There was no misrepresentation of any facts when the pony was sold to Ms***She was given substantial time to investigate the horse and she signed a contract indicating that no representations were made
Should you have any questions please do not hesitate to contact me

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.The response from J and J performance horses is deceptive. They fully misrepresented the animal they sold as trained and safe for a beginning rider. They would not stand by their advertisement and have committed fraud. They are still unwilling to take back they pony and refund my money.
Regards,
[redacted]

Review: This is a professional horses sales barn. They knowingly and willfully misrepresented a pony they advertised and sold to us for my 7 year old daughter with a vascular tumor. They stated that the pony was a 2-3 in temperament (extremely calm). They also stated she was perfect for a first show pony for a beginning rider "to teach your little one the ropes". After I purchased the pony she bucked my daughter off twice and threw her into the fence. The pony then tried to run over my daughter on the ground. Our professional trainer who worked with the pony extensively to try to get her under control. The trainer said she tried to also buck her off and was a handful on numerous occasions.We had our vet carefully give her a full examination to insure it was not health related. I then contacted the seller to ask again about the ponies past behavior. She stated that she was never a problem. I then found the previous owners information and place she boarded the pony and spoke to the owner of the facility. The pony has always been hard to control and not for a small child. I then contacted the seller and asked her to pick up the pony and give me a refund. She refused. She had been fully informed when we were purchasing the pony that it was for a child with a significant health issue that needed a safe pony. The seller advertised that this pony was calm and also told us she was when we met with her. Complete fraud.Desired Settlement: I want them to pick up the pony. There would be no way we could re sell her because of her aggressive temperament. I would like refund of what I paid for her.

Business

Response:

May 15,2014

VIA E-MAIL

The Revdex.com

Re: ID [redacted]

Dear Ms. [redacted]:

This letter is written in response to your correspondence requesting that I address a complaint which was made by Ms. Jennifer [redacted].

I enclose herewith for your review, a copy of the correspondence which my attorney previously provided to Ms. [redacted] which addressed her concerns regarding the horse that she purchased. As indicated in the letter, the horse which was sold to Ms. [redacted] was not misrepresented and Ms. [redacted] had every opportunity to inspect the horse, have a veterinarian examine the horse, call previous owners and trainers regarding the horse, and make any inquiry she felt was necessary prior to the purchase of the horse and failed to do so.

Ms. [redacted] purchased Dutchess, a pony on February 21, 2014. She was well aware of the fact that Dutchess had been offered for sale for several months. In fact, Ms. [redacted] had inquired about the pony well in advance ofher actual purchase. She was not interested in the horse initially however, due to a change in circumstances the price was lowered and Ms. [redacted] then became interested. She had a considerable amount of time to make any inquiry she felt necessary regarding the horse's background.

On February 21, 2014 Ms. [redacted], her daughter, [redacted], and I each rode the pony. Ms. [redacted] was the one who made the ultimate decision to buy the pony. At the time we rode the pony she agreed that the pony had a good temperament and was satisfied with her.

The pony had been shown successfully by a ten year-old girl. Ms. [redacted] claims to have contacted the former trainer of the pony but has never contacted the former owner of the pony to verify the accuracy of my statements. Had she taken the time and effort to do this she would have learned that the family was very happy with the pony. The family that owned the pony prior to Ms. [redacted] will stand behind the pony which their daughter showed. They will verify that the pony was safe, calm and appropriate for their daughter.

Additionally, at the time Ms. [redacted] purchased the pony she was advised as to what the horses training program was and it was recommended that the pony be kept in a training program with a professional. Rather than follow the advice of an experienced trainer she decided, apparently to the detriment of her daughter, to not place the pony immediately into a training program and waited many weeks before doing so. It is important that horses that are going to be ridden by young, less experienced riders be maintained in a training program so that they do not develop undesirable habits. A horse needs consistent, competent training to perform at its best. In this case, the buyer did not follow my advice and did not place the horse in a training program. Further, there is no indication that the horse is being maintained in a consistent

training program or what is being done to the pony.

Additionally, the Purchase agreement clearly indicated, in bold and large font that "SELLER MAKES NO WARRANTIES WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE PURCHASE OF THIS HORSE IS SUBJECT TO THE TERMS AND CONDITIONS OF AN 'AS IS" SALE". Additionally, the purchase Agreement contained the entire Agreement between the parties and there were no other agreements or representations.

There was no misrepresentation of any facts when the pony was sold to Ms. [redacted]. She was given substantial time to investigate the horse and she signed a contract indicating that no representations were made.

Should you have any questions please do not hesitate to contact me.

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.The response from J and J performance horses is deceptive. They fully misrepresented the animal they sold as trained and safe for a beginning rider. They would not stand by their advertisement and have committed fraud. They are still unwilling to take back they pony and refund my money.

Regards,

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Description: Horse Dealers

Address: 18101 Shook Ln, Yorba Linda, California, United States, 92886

Phone:

+1 (714) 313-1427
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Website:

www.jandjperformancehorses.net


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