Bought a mis sold horse, is it worth pursuing?

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Emeraldmeadow

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Hi, I bought a pony for hacking but it's been mis sold as it has developed a skin condition (wasn't apparent when I viewed) and isn't good in the stable at all. I didn't get the pony vetted and I have a receipt which states both our names, sold as seen and the date. I paid 3k. Owner says it was fine when you viewed it. But I can't catch the pony and can't get a bridle on it. There wasn't an issue when I viewed it, itvwas fine to tack up etc. Private sale. Is there any comeback? Thanks!
 
I'm not sure how developing a skin condition which wasn't apparent when you viewed it can be seen as miss selling.

A new pony is likely to feel unsure and unsettled with being moved. Do you have company for your pony? Can your instructor help with handling advice? Can you try and get your pony in a daily routine to solve the catching problem?
 
I just think it must have had something but looked fine on viewing and went fine when I rode it. The owner says it's great in the stable and to catch and hack but it is really spooky and won't let me catch it. I can't get a bridle on and it kicks out. I saw it tacked up fine and ridden fine. I've had it 2 weeks but want a refund. My receipt says sold as seen and it's a private sale. Owner is in contact and worried but won't take back or offer a refund as selling to move abroad. I just wondered if i any chance legally?
 
In what way do you feel the pony was mis-sold?

Your OP just says the pony has developed a skin problem since you got it, you can't catch or bridle it although it was fine at viewing (tends to suggest your handling is the issue) and it is unsettled in its (presumably new) stable.

If you have evidence that the seller lied or mis-represented something you might have some comeback (e.g. you asked if it had sweetitch, they said no (with witnesses), it does have sweetitch and you have found photos on previous owners facebook page of it wearing a sweetitch rug).
 
How long have you had the pony? I think legally you will struggle as you didn't have it vetted, not to mention ponies aren't machines so it is quite normal for them to be unsettled and push boundaries when they first arrive in a new home.
 
I take it this is a different horse to the one mentioned in this thread?
http://www.horseandhound.co.uk/foru...7-Massively-regret-getting-a-horse-any-advice

I'm rather surprised that in September you were looking to get rid of your newly purchased horse because you didn't have the time and finance. As you've only had this one two weeks I assume you sold that one and have bought another. Or have I missed something?
 
It's not sweetitch just a skin infection. No sign on viewing mane was all fine etc but now is very bad. My main issue is that it was sold as perfect in the stable and perfect to catch and perfect to hack but its the opposite of all these things. I saw it being tacked up fine and didn't hack it when I viewed as it was late. I think it's head shy but owner swears it wasn't and says you bought it as seen as per the receipt and were happy. I don't think I've got any leg to stand on legally but just wondered
 
Private sale, no comeback. Sold as seen.

I had a lovely cob who was a fab novice horse while with me (came from a riding school), after I sold him on he became a monster, no explanation found, I didn't mis sell him (though in my case I had told the new owners to contact me if they needed anything, they didn't I found out from a third party).

Horses are horses, get help to fix it or sell it.
 
I think perhaps it is time to re-evaluate your need to be involved in the horse world, as this seems not to be right for you at the moment.
 
My honest advice is to cut your losses and send the pony to a sales livery. And do not by another horse. Horses are living, feeling beings, not machines.
 
Not a troll. Why god help the horse? Fed and well looked after. I expected a horse I could catch and ride safely and I cant do that so I will need to sell the horse which is a massive hassle as I will have to say I've had these issues and that's why I'm selling. Who will want to buy? I understand o can't go down the legal route to return the horse s i will have to sell
 
Vet said it's a parasitic infecrion. Can't afford sales livery it's so expensive

Sorry to be blunt but you can’t afford sales livery but you could afford to gamble £3k on a horse which wasn’t vetted?! I think you stand more chance of getting some money back by sales livery or you could sell cheaply ‘from the field’. That might be difficult if you can’t catch it. You’ve been repeatedly asked if you are on a yard and if the horse has company which you haven’t answered. Horses aren’t machines and a couple of weeks is nothing when it comes to building a bond and getting to know a new horse. If you didn’t notice the skin infection, why would the owner?

In answer to your original question, no I don’t think you have a legal leg to stand on.
 
Yes the horse is on a yard and turned out with other horses with no problem. Always has company. Didn't see how it was relevant as aren't all horses kept on a yard with others (they are herd animals so obviously not going to be kept alone). I might try selling from field. Sales livery around her is 1200 per month.
 
Poor horse because you are by your own admission not going to be able to show it to the best of its ability and it's probably on a downward spiral to being shunted from unsuitable home to unsuitable home. I've bought several horses who have fallen into unsuitable hands like this and none of them were at fault yet their inexperienced owners still think they were some how mis-sold a horse even after I've had it out successfully competing and behaving impeccably a matter of weeks after buying it!
 
They might only have it a couple of weeks.

Actually, you’d be surprised at how many people don’t understand that horses need company and then wonder why they arent calm and settled, so it’s a question worth asking I think.
 
I have no problem accepting I just need to sell. I just wanted to check I didn't have a legal right to return the pony before doing so. What I've got does not match the advert at all. Ie. Says easy to catch in the advert but the pony is not. But I suppose you couldn't prove in court that it wasn't easy to catch when sold so I do understand why it's not possible. The pony is being properly looked after, fed, rugged and not neglected so I'm not sure why I need to feel guilty. I can't cope with a pony I can't catch and ride safely so has to go
 
It's hardly my fault though is it? I thought I had bought a safe ploddy happy hacker and ended up with something I can't ride because I can't catch, who tries to kick me in the stable, whine can't get a bridle on etc etc. Surely the seller is at fault? Anyway, hopefully I will find a good home.
 
You've had the horse two weeks, OP - you do realise that many equines just need some time to settle? It's like expecting you to move home, leave your family and friends behind, and change jobs all at once, and then imagining that it will have no emotional impact and you'll just be able to carry on as usual - whilst having developed a skin problem at the same time! The issue probably isn't the horse; it's that you're expecting a sentient animal to have no reaction to the massive upheaval it's just undergone. Give it a few weeks, see how the horse is once it's had time to settle, and then sell or not as you wish. At least that way you don't risk it developing an undeservedly bad reputation that will lead to it being passed from pillar to post for the rest of its days.
 
Thank you. I am happy to keep him and see if he settles but I don't want to keep him for me as my confidence has been knocked too much. Hopefully I will find a nice home who he will suit well.
 
All of the problems that you are having should be temporary. They should come right with veterinary treatment (for the skin issue), time and proper training.

It has been discussed on here before how moving home can really upset some horses. I have mentioned in those discussions how my own mare changed dramatically the first time that I moved her. She was like a different horse, but as I already owned her I *knew* that it was the move and she did return to her old self with time and consistent, but sympathetic handling. I then later moved her again, but that time some of her field companions came too and that move she took in her stride.

Now I don't have any issue with you selling the horse on, but I would still recommend that you get some help with the horse, anything that you can do to improve the horse's behaviour will make it easier to sell and easier for you to handle in the mean time. Plus you should really get the skin condition treated and resolved before it is sold (I'm sure that you are doing that anyway).

I did have a thought, Is the skin OK where the tack goes? Putting tack on sore skin could make even the sweetest horse hard to bridle/saddle. I personally wouldn't ride while the skin issue is ongoing if there is any chance that doing so could cause an issue.
 
Why don't you sell the pony back to the person you bought from for £1. They can then sell on as they probably had a list of other people looking at the same time you were. They have much more chance of finding it a good home as (for whatever reason) they are able to handle the pony and show it to prospective buyers in a good light.
If you can't catch it, it kicks you and you can't tack it up - you won't sell it for much more than £1 anyway. At least going back to the vendor for a nominal fee the pony has a chance.

If it's all too much hassle just have it PTS and save yourself all the hassle of selling and the costs of keeping it while you are trying to sell.
 
Thank you. That's really interesting and good to hear. Yes I am fully treating the skin problem. It doesn't seem to be in the tack areas but I know he is sore and doesn't know me so is nervous. I will give him a lot more patience and just put it down to the move. Once he's is settled I can then sell him unless I have a complete change of heart and he is conpletely different. Thanks again
 
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