Drug Test That Horse Anyway!

7 03 2012

Recently have discovered a new trend with unsavory sellers in the equine world.  They can be very creative, I’m afraid.

Here’s the newest trick.  You go to try a horse and it is delightful.  You decide to buy it so you very responsibly have a licensed equine veterinarian come out to conduct a pre-purchase examination.  When you get to the point where your vet is going to draw blood, the seller pipes up “Oh, we had to tranq him yesterday to (shoe him, clip him, load him, etc) and so there’s no point in drug testing him because he will have Ace in his system from that.”

Of course you have no prior notice they are going to say this or that they had tranquilized the horse for any reason, but it sounds reasonable and drug testing is expensive, and your daughter is standing there with tears in her eyes at the idea of NOT being able to take this horse home with you today so you relent and “trust” the seller.  Never, ever trust the seller blindly.  Even if you have dealt with this seller for years and he’s related to you or whatever, you are still responsible for protecting yourself, even from people you know and love.  A good, trustworthy seller will understand completely where you are coming from and that it’s not a personal attack on the seller if you want a drug test on the horse he or she is selling.  That’s just plain smart and a good, honest seller will tell you that it’s a good idea.  If you feel bad about pushing for the drug test, feel free to blame it on that lawyer Dottie Burch who says buyers should always conduct their own independent investigations into the health and well being of any equine he or she is purchasing.  Unless of course you are prepared to lose all the money you have invested in the animal and are okay with that.  Most of us don’t have money to throw away, but if it’s a $50 horse, maybe you take a chance?  Well, even then the horse could be carrying Equine Infectious Anemia or something just as bad and you would still want to know that before you put that horse with your other horses or at a barn with other folks’ horses.

Everything about keeping and caring for horses is so expensive that even if the purchase price isn’t high, you still want to protect yourself with a pre-purchase examination by an independent equine veterinarian (no, it’s not okay to use the seller as your pre-purchase exam vet if the seller just happens to be an equine vet – which is not that unusual around here – lots of equine vets have horses and buy and sell horses) coupled with a drug test if you can possibly afford it.  If you can’t, just be prepared that you are taking a risk and that risk could have dire, or at least expensive, consequences.

So what to do in this case?  Go ahead and drug test the horse anyway or wait and come back to test later.  If you go ahead and test, be sure to inform your independent equine veterinarian about exactly what the seller told you they gave the horse and when.  And then let your vet speak with the seller to get confirmation of that information. The vet may suggest waiting, leaving the horse where it is for a while and coming back to draw blood and ride the horse when the tranquilizers are supposedly out of its system.  If so, wait and test later so you will know for sure.  Otherwise, it’s a crap shoot which you might just lose.

If you get into a bind and need assistance or just want to ask some questions to avoid getting in a bind, feel free to email me at dburch@rl-law.com. I often will answer a short and simple question for free if I have time and know the answer off the top of my head! If you don’t hear back from me quickly, it’s not because I don’t love you or think you have a great question or because I don’t know the answer (usually), I’m probably just really busy and haven’t had a chance to email back.  And you can always buy the first hour of my time for $250 (my usual hourly rate for 2012 is $325).  Lots of folks will save up all their equine (and some corporate or real estate) legal questions and short documents and sit with me for an hour and we will do as much as we can during that hour and it’s only $250.  You can check out my Twitter feed @nchorselawyer as well as our firm’s Equine Law Group web page at www.rl-law.com if you’re interested, and yes, in addition to providing what I hope are interesting and informative stories, this blog and the Twitter feed referenced above are also advertisements for legal services.  I have to tell you that in bold, says the State Bar.

Happy Riding!

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