Love Me Only legal dispute

[Merlinsky]

http://www.bloodhorse.com/horse-raci...-legal-dispute

I was hoping someone with knowledge about equine sales might have an idea about this situation. I'm confused. Yes the accusations of Bute administration and her pre-existing physical condition are an issue in the sale, and of course you would go ahead and breed her in an effort to protect your investment and mitigate your harm regardless of the legal outcome, but the sale being rescinded is something I've not gotten a handle on. Obviously you'd resent paying that much for a horse you thought was sound and who otherwise might not've gone through the ring. Is there no way to keep the mare and just sue for damages? Does the sale have to be rescinded?

She's by Sadler's Wells and a half sister of Giant's Causeway, and has had 2 live and well-bred foals by Sea the Stars and Distorted Humor. They've even already named the 2013 Distorted Humor colt Only Joking which doesn't seem like the kind of thing you'd do if she were having lousy foals. She'd seem to be a good investment if she's doing what she's supposed to do, carrying them to term. It's not like they bought her as a riding horse, and she's unable to do that.

Is the argument more than the sale cost and that she's not got either a sustainable broodmare career (risk of laminitis, etc. from whatever's wrong with her means she'll be having fewer healthy foals in the long term) or that, should they want to sell her, her value/salability will be hindered by some sort of permanent problem? Are they hoping to rescind the sale and make a private arrangement to buy her back for less? How do the foals they've paid for her to have factor into this? It'd be like getting a free womb for 2 years and benefitting from her DNA without paying.

[Cannon Shell]

I dont believe they have a good case here. Soundness in a broodmare is kind of a nebulous area as they aren't racing and many/most older ones aren't what we would consider to be sound. Obvious the laminitis is a concern but again the mare was unraced for a reason so again what exactly constitutes sound? Everyone has the opportunity to have a private vet examine a horse prior to purchase and they did not do that which will ultimately probably be used against them in court.

They would continue to keep breeding her simply because they are likely to lose this case. The laminitis may cause her to have a shorter shelf life but shouldnt be too big of a deal now especially if there are noted foot specialists like Redden claiming that she is sound. As for your other questions it is certainly feasible that they are looking for a discount, her foals have been less than great, etc.

In the end it is hard to believe with a clean report from a noted vet clinic pre-sale, testimony disagreeing that she was unsound and using bute and supposed faulty information from a handler and the lack of their own presale vet evaluation that they will get the sale overturned. That doesn't mean they aren't right about their assessment. The sales are treacherous places where far too many people allow themselves to get ripped off because they don't have proper representation or are just naive enough to believe the nonsense that they are being fed.