Bit of Advice please on problems post sale of horse

Patches

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Where would the person stand....

Person calls about your horse and you tell them he's a cracking horse but has one fault....he doesn't like tractors and can jog and occasionally canter off a bit when faced with one that the driver won't switch off and has a huge scary attachment on the back.

Said person tells you they're not bothered about that as they hack straight out on to a bridle way anyway but are interested more in schooling than taking your gelding on the road.

Fine, sounds perfect!

Person tries your horse at at your yard and you ask if they want to see him taken up the road. Person declines the invitation as you've already told them what he's like in traffic and again it's won't be a problem.

Deal is struck....person buys horse and it's collected a few days later.


A couple of days after they've had the horse you receive a phone call to say horse is playing up as they've decided to keep the horse alone. Horse has never not been in company so you can understand that the stress of moving, combined with no field mates is clearly having an effect. The new owner then tells you that your lad was naughty on the road and very jumpy, just 2 days after they bought him! This is the people who said they never hack on the road!!!!!

Anyway, to cut a long story short. New people want you to take horse back and are now denying that you even told them the horse wasn't good with heavy traffic. They say they'll take you to the small claims court and are going to charge livery for every day they've had the horse as they were not informed the horse didn't like tractors. Which of course is a lie. Several adverts on the internet for said horse mention exactly what he's like with traffic.

Where do you, as the seller stand?
 
Don't know the legalities I'm afraid but if you've stated this in the adverts then surely thats evidence that you were not hiding anything. I don't think they'd have a leg to stand on in court!. Your word against theirs. I'd stand your ground.
 
I'd stand your ground. Or if your worried about the horses welfare take it back.

They declined to try it in traffic - so that's their problem. And if they didn't tell you it would be kept on it's own, would you ever have thought to mention that it had never been without company? I wouldn't.

If they purchasers don't ask specific questions then they have no comeback if the advertisment is not misleading and you haven't omitted to tell them of any vices.
 
This is very difficult and I dont know the position legally. Although I would keep the adverts. Basically any one knows that if you want to go on the road, you try a horse on the road, even if the owner rides them out for you. They have not done this, so have they taken reasonable care when buying?

More worryingly, what is going to happen to your poor horse, if you dont take him back are htey going to sell him on unscrupulously.

A similar thing happened to us with a pony, I told them that they needed to give him longer to settle (this was the day after I delivered him) he did settle and they kept him.

Really feel for you, a bit of an emotional rollercoaster I should think.....
 
If you have copies of the advert and keep any texts or emails that they have sent you, also if you had anybody there while they tried the horse then get them to back you up.
xxx
 
im afraid id take the horse back immediately. It would be your word against theirs in a small claims court and could drag out for ages, and you would probably be liable to pay the livery costs on the grounds that they were sold an unsuitable horse if they won.

Id purely do it to save agro and to save money in the long run if you lost (should it come to that). I would however not give them back their deposit (i am assuming you, or whoever, took a deposit in the first place).
 
Interesting to read a post from the other side of the fence!

I don't think they have a leg to stand on. Depends on whether you want to rehome the horse to other people really - think that's what this boils down to.

What a nightmare though - I'm sure you don't need the stress....

xx
 
If you have adverts stating the horse wasnt good in heavy traffic then you are fine -to charge you livery is ludicrous. Even if they did win in court (which I dont think they would) ther is no way they could charge you for that, only the price of the horse. There is moral issue over the horse - I would cave in and take the horse back but I would deduct the price of readvertisaind and deposit.

These peole sound nuts - you expect a new horse to be unsettled and not trying it on the roads- word fail me
 
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I would be tempted to do likewise but deduct the cost of re-advertising the horse as well as the deposit.

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Legally you're in a strong position because of the adverts, however do you really want to go through the stress of solicitors and courts etc? It would drag on, as these things do and it'd be on your mind pretty much all the time. Plus there's the welfare of the horse to think of... you will probably end up winning but then these people are very likely to sell the horse on and who knows where it could end up?

Sparklet's advice seems like the best deal - deduct whatever expenses you've had to shell out, plus cost of readvertising and deposit money and take him back. If they won't agree to that then see them in court as you are being more than reasonable.
 
I would just stick to your guns, u sold the horse ot them and informed them well and they have clearly overhorsed themselves - not your fault!

I was like that when I got Beau. I only rode him twice, he was VERY fat and well behaved and kept on his own. Sticking him on a new yard and being on a diet turned him a bit loopy but I looked at the picture as a whole and took it on a week by week basis.

Sounds like these people are not willing to give your boy a chance. He may need a few weeks more to settle down as being isolated will nto help so he is probably frustrated. Plus they are not keeping him in the same situation/conditions you were, you gave them details of how he was with you, in a certain environment and they accepted that. If they change a main factor then they HAVE to accept his behaviour will be different.


Now after thinking and writing I would take him back as they are possibly numpties and u dont want to leave your horse with folk like that! (please dont shoot me)
 
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Now after thinking and writing I would take him back as they are possibly numpties and u dont want to leave your horse with folk like that! (please dont shoot me)

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me too, unless it has become impossible to take him back..for his welfare and on a 'strictly no admission of liability' with reduction in refund basis
 
Thank you everyone for your advice. I've passed all of your replies over to my friend. Some of you may have realised I don't have a gelding to sell. I was asking for a third party.
grin.gif


Horse was only collected on Monday. Seems a shame they won't give him a chance to settle.
 
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