Dealers... Vendors Rights?

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Sossigpoker

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Carlosmum said:
A friend, in good faith sent her unsuitable daughters pony on sales livery. She explained her reasons for sale and told the dealer of its quirks. Pony was sold, passport exchanged and money transferred from buyer to dealer to vendor minus costs. Fast forward a week, buyer decides she doesn't want pony and is sending it back to dealer. Dealer now demanding repayment of money from original vendor. who is also being stalked on FB because the pony was unsuitable for the buyers needs. What are the vendors rights. Naively as a non-horsey person she went thought this without a written agreement with the dealer. She doesn't want the pony back, she has already lost money through livery/commission. I have suggested she rings BHS for advice but is there anything else I can advise her?
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As the buyer paid the dealer it's likely to be considered a dealer sale in the eyes of the law - especially if it wasn't explained to the buyer that they are acting as an agent- so the buyer would need to show to the dealer that the pony was missold. Changing your mind doesn't give you any legal right to return , there has to be an element of "not as advertised " involved.

I feel bad for the pony stuck in the middle - as usual - and the innocent victim of unscrupulous people on both sides of the transaction.

Probably best getting a legal consult from an Equine solicitor or they could just bluff it out and tell the buyer to take it up with the dealer.

The dealer sounds dodgy at worst and incompetent at best tbh.
 
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Fred66

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Definitely legal advice.

However if the “dealer” doesn’t have a contract with you and has not made it clear to the buyer that they are acting as an agent for a private owner then this could well be the “dealers” problem.

You fully disclosed and your sale was as a private horse owner so no right to return. I would suggest that in the first instance your friend informs the “dealer” that they are not prepared to take the horse back as it was sold with full disclosure in a private sale and was not knowingly misrepresented.

Let the “dealer” then come back to you on it, and decide what to do if they do.
 
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Wishfilly

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Sossigpoker said:
As the buyer paid the dealer it's likely to be considered a dealer sale in the eyes of the law - especially if it wasn't explained to the buyer that they are acting as an agent- so the buyer would need to show to the dealer that the pony was missold. Changing your mind doesn't give you any legal right to return , there has to be an element of "not as advertised " involved.

I feel bad for the pony stuck in the middle - as usual - and the innocent victim of unscrupulous people on both sides of the transaction.

Probably best getting a legal consult from an Equine solicitor or they could just bluff it out and tell the buyer to take it up with the dealer.

The dealer sounds dodgy at worst and incompetent at best tbh.
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In general, within the first 30 days, you are allowed to reject a horse or pony that is bought from a business seller (i.e. dealer) as "not of sufficient quality"- this doesn't mean you have to prove the pony was mis-sold, as with a private seller. This right only applies with business sales to private individuals.

Obviously, this specific case is confused because it depends on who is legally regarded as having sold the pony, and whether the dealer is allowed to accept the pony back on behalf of the seller, any specific contracts between the dealer and the seller (some dealers do offer additional protection to what is provided by the law, e.g. total right of return in the first week). It may also depend on whether the buyer is a private individual, which I don't think we know from the OP.

Hence the need for legal advice.

I agree that I feel bad for the pony, also, and if I were the seller, would be tempted to take the pony back and deal with the buyer directly.

BUT in general for a private person to return to a dealer within the first 30 days, you don't have to prove the pony was mis-sold just that it's "not of sufficient quality". You also have further rights if you did not view the horse as then it comes under distance selling laws.
 
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