Advice wanted please. New owners trying to take to court.

Jade&Syrah

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One behalf of a friend. She posted this to me:

'' A friend sold a pony. Its was a lovely little horse, it came to me for 4 weeks schooling before she sold it and I never had any issue with it. The old owner had him from birth and never had any issues. He was sold to a lady down south that bought him back end of January as a happy hacker and possible local riding club horse. He had been out of work for years hence why he came to me and was sold in the knowledge that he was like a baby to work and needed bringing on. He was also sold with the new owner knowing that he had only been gelded for a year but he never showed any stallion tendencies when with me or when he lived at home. The new owner also never came to view him she just bought him and picked him up.
3 months down the line they are demanding there money back or their going to take the old owner to court as there saying he's not fit for purpose, and that hes a nightmare to handle and that hes a nightmare with all the mares coming into season.
All I need to know is do they have grounds to sue the owner or do they have enough grounds to get it chucked out of court. They dont want anythiung to happen to the horse but cant afford to buy him back for the price the new owner paid in one go. If they have grounds they will offer less and go and get him in next couple of days. ''

I also know after he was gelded her was turned out with mares and geldings and never showed any signs of being a late cut stallion and was also known as a 'dope on a rope'.



Any information and advice would be appreciated! Thank you!
 

sarahann1

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Personaly I'd be throwing the money back at them and getting the horse back ASAP before his behaviour deteriorates any further, get him back on track and sell to someone they see doing more than just picking the horse up.

Hope they get it sorted out soon.
 

Goldenstar

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Take the horse back and protect it.
I can not even conceive of allowing a horse I owned to be sold to someone who had not viewed it .
 

Clare85

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They need to get him back asap. He shouldn't have been sold to someone who had not even been to see him. He needs to be returned before this situation escalates.

With regards to the threat of legal action, I'm afraid I don't have any legal experience to advise. However, just looking at it from a 'common sense' point of view, I would think it would be hard to take any action if they hadn't even bothered to try the horse or even look at him in the flesh before deciding to buy him. I stand to be corrected however if I am completely wrong.
 

Orangehorse

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Presumably the vendors have correspondence/emails from the purchaser in which all this was covered, in which case the buyer wouldn't have a hope. But what were they doing selling a horse to someone who hadn't even been to see it? I know that if you sell at auction the vendor hasn't seen the buyer, but that is a bit different.
 

Spring Feather

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Take the horse back and protect it.
I can not even conceive of allowing a horse I owned to be sold to someone who had not viewed it .
I've bought loads of horses unseen. Perhaps I've been lucky but all of mine have turned out to be far better than I ever imagined when I bought them from a video and some photos. I personally don't have time to be travelling hundreds or thousands of miles to view every horse with the breeding I specifically want. I have to go on videos and then have the horse shipped.

OP, I don't think the buyers have a case, however, same as everyone else, I'd just buy the horse back and end all the drama.
 

webble

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Take the horse back and protect it.
I can not even conceive of allowing a horse I owned to be sold to someone who had not viewed it .

This ^^ it was a bit uncaring to let him o without even meeting the new owner. Also if hee had only been back in work for the four weeks he was with you and they have now done more with him spring grass and being a bit fitter could both be having an impact
 

Jade&Syrah

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Thanks guys! I have never personally met the horse, just helping a friend out by posting this for her. She is following this thread as a non-forum user so she'll read them all and let her friend (the old owner) know.

Thanks again!
 

MotherOfChickens

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I agree in taking the horse back because I just would. I have however, have bought two unseen (youngsters) and took one on loan unseen (older companion). Obviously they all have an awful life :p
 

AmyMay

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I've bought loads of horses unseen. Perhaps I've been lucky but all of mine have turned out to be far better than I ever imagined when I bought them from a video and some photos. I personally don't have time to be travelling hundreds or thousands of miles to view every horse with the breeding I specifically want. I have to go on videos and then have the horse shipped.

OP, I don't think the buyers have a case, however, same as everyone else, I'd just buy the horse back and end all the drama.

I did hesitate before making my last post, because of course people do buy unseen - and I actually thought about you.

But you have the benefit of experience and an intelligent head on your shoulders for both buying and selling unseen - most don't.

I would guess this horse sold at the bottom end of the market, bought again by people hoping to make a quick buck...
 

WelshD

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What is it about the knee jerk reaction of people to sue nowadays?!!

I don't expect the buyers have much of a case but for the horse's sake I would take it back.
 

be positive

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I did hesitate before making my last post, because of course people do buy unseen - and I actually thought about you.

But you have the benefit of experience and an intelligent head on your shoulders for both buying and selling unseen - most don't.

I would guess this horse sold at the bottom end of the market, bought again by people hoping to make a quick buck...

I was beginning to feel a bit guilty having just sold a horse unseen but he is going to a very experienced home, a person well known in the showing world, as a hunter, he is exactly as described, totally safe to do the job required of him, we have communicated extensively and feel as if we know each other having much in common.

I recently bought one unseen, through a thread on here, he was as described, is having a great time and was worth giving a chance, I would not have thought of sending him back as it was my decision to buy unseen, he was priced accordingly.

I think the horse in the OP is sadly slightly different, buyers have taken on more than they expected and cannot deal with the mistake they have made, I would also take the horse back to give it a chance, as I will with the one I have just sold if the purchaser thinks it was not as described, highly unlikely but you never know.
 

OWLIE185

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From a legal point of view it depends on what was in the advert and what was said in conversation between the parties concerned.
 

Hackie

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I've bought loads of horses unseen. Perhaps I've been lucky but all of mine have turned out to be far better than I ever imagined when I bought them from a video and some photos. I personally don't have time to be travelling hundreds or thousands of miles to view every horse with the breeding I specifically want. I have to go on videos and then have the horse shipped.

OP, I don't think the buyers have a case, however, same as everyone else, I'd just buy the horse back and end all the drama.

Me too - buying sight unseen is completely legitimate if all parties know what they are doing. When they don't any transaction can go wrong, even if the horse has been tried multiple times.
 

flojo

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Unless the horse was sold through a dealer, it's buyer beware.

This is correct. The Sale of Goods Act only applies if the horse has been sold through a dealer. If bought from a private home then it's 'buyer beware' and the new owners wouldn't have a case.

But if the horse had been sold by me then I'd take it back. It's obviously in a home that can't cope and things will only get worse for it if it has to stay there. It could be sold to God knows who/where! :(

I know of several stallions who have been cut at the age of 8, 9, 10 or even 13 that have settled happily into mixed herds so I can't think of why this would be a problem. The new owners are obviously not happy and are just using any excuse.
 

nervous nelly

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I'm sorry but it's all ok you all saying buy him back but a lot of people don't have enough spare cash lying around to just go and buy a horse!
 

Goldenstar

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I've bought loads of horses unseen. Perhaps I've been lucky but all of mine have turned out to be far better than I ever imagined when I bought them from a video and some photos. I personally don't have time to be travelling hundreds or thousands of miles to view every horse with the breeding I specifically want. I have to go on videos and then have the horse shipped.

OP, I don't think the buyers have a case, however, same as everyone else, I'd just buy the horse back and end all the drama.

That's fine as the buyer SF but you would never get one of mine .
 

AmyMay

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I'm sorry but it's all ok you all saying buy him back but a lot of people don't have enough spare cash lying around to just go and buy a horse!

I imagine we're talking at the bottom end of the market, so not talking in the thousands here.....
 

WelshD

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I'm sorry but it's all ok you all saying buy him back but a lot of people don't have enough spare cash lying around to just go and buy a horse!

I must admit i did have to think before i said that but it seems to me that the seller did not really do right by the horse - it doesnt seem like a horse that should have been sold unseen and untried and thats why i think they should buy it back

If this had beem a sale where the buyer had seen and tried the horse i think people may feel less strongly

There are cases where its common to buy unseen such as youngstock, competition horses, european horses, breeding stock etc etc but in this case i think this horse needed slotting in to the right home
 

Tnavas

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Take the horse back and protect it.
I can not even conceive of allowing a horse I owned to be sold to someone who had not viewed it .

I've sold, sight unseen before, a lady in Germany bought my youngster, had her shipped to Norfolk Island and has now moved with her to Germany. Another friend has two youngsters that she bought from Germany, sight unseen.

Correspondence went too and fro and vet was included, assessed her behaviour and kissed with the client.

To be honest, after three months let them sell the horse. Or have it back with you, sort it out and sell on behalf for them, deducting costs incurred from the sale. Or offer to buy it back at at least only half the original sale value, I'd say that the people were not as experienced/competent as they thought they were.
 

el_Snowflakes

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No it wont hold it court unless sold by a business...............I know this from experience.

The owner was irresponsible IMO to see it to someone who hadn't viewed it.
 

Tiddlypom

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Correspondence went too and fro and vet was included, assessed her behaviour and kissed with the client.
Is that a technical term, or a term of endearment??

Selling or buying unseen is not something that I would ever do, but hey ho.

If the sellers are offering to have the horse back, but cannot refund the full price just yet, then the purchasers should accept that and return the horse at their own expense. Arrangements can be made to refund the difference over an agreed period of time.
 
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Tbh It sounds like they are just trying to get money out of the old owner.

They never came to view or ride the horse, never had it vetted so therefore who is to say if was going to be fit for purpose in the first place.

If the horse was sold as advertised then they have nothing to complain about and will just be wasting their money trying to take the old owner to court.
 

el_Snowflakes

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Actually I've known a case similar to this, go to court and the people bringing the action winning. Ot was a private sale.

Im sure it has happened in a minority of cases. The cost of going to court would likely equate to a higher value than the horse.
 
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