Rackin' R Farm

Review: [redacted], 2015 . I answered an advertisement for a horse (Buck) in NorthCarolina at Rackin R Farm (doing business at 2062 Pell Road WestfieldNC 27053 336.345.4608) and communicated with seller [redacted]. The horsewas advertised on her website, [redacted] and facebook page as16 hands high. "Hands" are a standard way of measuring horses andponies that go backthousands of years. A hand is exactly 4 inches. Horse heightis measured as the top of the withers (the vertebrae between the neckand back-at the highest spot) These measurements are used for breedstandards and horse show height standards. Hence, a 15h or hand horseis 60 inches at the highest point of the withers. A reasonable marginof error in measuring a horse would be a quarter of an inch at most.If a horse is stated as being "approximately " 16h, then you couldhave an error of no more than a quarter inch up or dowh. I asked theseller to verify height of 16hand she did via email. Based on this, I agreed to buy the horse, withthe condition he would pass a prepurchase exam bya veterinarian to my satisfaction.The seller offered to drive him to [redacted] Animal Hospital (doingbusiness at [redacted]) Icontacted them and was told that Dr. [redacted] would be doing theexam. I sent some very standard but important questions by email tothe veterinarian and specifically asking him to measure the horse andverify the horse was 16h, and to call me during the exam to discussthose questions andexamine legs for any bunps or problems. Dr. [redacted] never called me,nor did he measure the horse. He had his technician run out andestimate the height on the horse, which she said was approx 16h, andhe put that in his notes. He did not ever communicate with me, eventhough I sent him a photo of some bumps on the legs that were taken athis clinic by the seller the day of the exam and asked him to commenton them.His written exam stated the horse was approximately 16 handsand no other problems. Sobased on his report, I bought the horse for $3600 and paid $1200 tohave him shipped to California. The horse arrived 3 weeks later, withthe same shoes on that he had at the vet clinic and measured exactly15 h (4 inches shorter). I took Buck to my veterinarian, Dr. [redacted] at [redacted] Vet clinic in [redacted] California, whoaccurately measured Buck at 15 hands (60") and found issues with his legs andsoundness. He also has bumps on his front fetlock joints, bump onright pastern, hard bump on his trachea, contracted heels and barbedwire scars, and a very high set nail up by his hairline; conditionsthat he had at the exam by Dr. [redacted] and exactly the conditions Iwanted to be sure the horse wasfree of. Dr. [redacted] did NOT measure the horse as requested and failedto do even a basic competent prepurchase exam. I did not want a 15hhorse, nor did I contract to buy one. Dr. [redacted] has stated in emailsto Dr.[redacted] and me that he did not measure the horse, and did notknow I wanted an exact measurement. This indicates to me that henever read my questions at all.Had I known the accurate or approximate height of the horse was 15hands instead of 16 hands, I would not have agreed to go forward withthe vet check I paid for. Had I known about the bumps on the legsand if the Dr. [redacted] had measured the horse accurately, I would not haveagreed to buy him.It seems to be to be both fraud on the part of the seller formis-advertising the height of the horse, and negligence and fraud onthe part of the vet for not accurately measuring the horse, as I hadspecifically requested both via email and phone call to the vetclinic. It was the job of the seller, as an advertised business, toaccurately represent and measure the horse. It was the job of Dr.[redacted] to represent me as his paying client for the prepurchase exam,to go over every inch of that animal and inspect him for bumps, scars,etc, especially on the legs. . Neither the seller nor the vet areadmitting any responsibility for mis-measuring the horse, or agreeingto give me any compensation. I am stuck with a horse that is much toosmall for my use, and has bumps on his legs, is unsound and notusable.I have asked both the seller [redacted] and Dr. [redacted] totake responsibility for their actions and compensate me for my cost inpurchasing this horse, which was $3600 by splitting the difference andeach paying $1800.. I am willing to covermy cost of transport, sowe are all taking some accountability for this (though all my actionswere based on what I felt was the truth). They have both failed toagree to give me any compensation or take any responsibility.. I havealso agreed to return Buck to [redacted] for a full refund andtransport back at her expense and she had declined.This is what an attorney has told me:"[redacted] You are correct, this is a matter of fraud/breach of contract(actually 2 separate claims against 2 separate defendants).The seller misrepresented the height of the horse to you, creatingboth a cause of action for fraud, and a second for breach of contract.The veterinarian misrepresented the height of the horse and itssoundness, this is fraud, breach of contract, and a violation of theveterinarian's professional duty (a negligence action).The measure of damages for each of these is going to be the cost ofthe animal, plus the cost of transportation. Fraud is an intentionaltort, so you are also going to be entitled to punitive damages(additional money damages awarded by the court to punish thedefendant's intentional conduct)." [redacted] AttorneyI would like to save all of us the time and expense of legal actionand try to settle this. I am hoping that the Revdex.com can assist me.Thank you, [redacted]Desired Settlement: requesting seller refund me purchase price of horse (3600) and I will return at her cost for transport, or requesting half the cost of the horse as compensation