Decided to try and send horse back- where do I stand

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poiuytrewq

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After our massive rearing episodes with the farrier I'm convinced this "good to shoe" horse isn't he's also just reared when I tried to load him.
Farrier says he's the most dangerous horse he's tried to do in 20 years.
Having seen him rear (and fall backwards) it has made me a bit nervous of him doing it ridden and yesterday he was playing up being ridden which was fine but he whipped round and started backing up. My heart literally almost stopped as i know he has rearing to the point of flipping in him.
I've also yesterday spoken to an old owner who I wrote to (address on pass port) she says he's always been difficult and she has scars from bites but ultimately sold him after he bit her child in the face. Other than that she liked him and was very happy to chat about him. She told me he's more like 24 not late teens. I was slightly nervous about buying a 18 yr old but no way I'd have even considered a 24 yr old.
Where do I stand?
 
In a very good position as you have proof in the form of the old owner even with a private sale ( assuming you did not purchase from a dealer ) you cannot lie and must accurately describe the horse.
 
I've not asked the old owner if she would back me up yet.
My farrier will definitely provide evidence if needed. Annoyingly I've also got info via a friend but she promised no names would be mentioned so I can't really use it.
What do I do? Just out right ask for my money back or do I need a legal rep?
 
Call them up, start with facts you have to hand (don't bring other people into it unless you have to), he's difficult to shoe and load - not as described so you'd like to return him.
If they give two hoots about the horse they will agree - if they were happy to be shot of a nightmare then you'll need to speak to a proper equestrian lawyer (lists of them on here) a strongly worded letter from them referencing the age issue and the other stuff you've dug up from other people and they should realise their on thin ice - it'll probably cost you £150 but less hassle than months of debate over who knew what when!
 
Private seller. The horse was very cheap £500 looking for a quieter life type. I haven't got the money really for a lawyer but do work for someone high up in the legal profession so I'm sure I could call on him for help if needed.
24 is just too old apart from the other issues
 
amymay said:
I'd write off the money and put it down.
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Sorry I agree with this - for the time and effort you'll have to spend to resolve this you're better to learn a lesson (that a cheap horse is cheap for a reason) and move on.
Assuming you don't have you're own land and have to pay livery - even the livery you'll pay in the 3/4 months any sort of resolution would take would be well over £500.
 
I did and it said unknown. It says 18 on some dental reports so I figured good enough and the sellers were lovely and seemed like they genuinely wanted the best for the horse so I believed them. I wrote letters to the three previous owners on his pass port and one phoned me last night. She told me he was 15 when she purchased him 10 ish years ago.
AmyMay If I can't get my money back I will try with him however I won't ever pass him on and the second he actually shows any hint of rearing ridden I won't be messing round.
 
Polos Mum said:
Sorry I agree with this - for the time and effort you'll have to spend to resolve this you're better to learn a lesson (that a cheap horse is cheap for a reason) and move on.
Assuming you don't have you're own land and have to pay livery - even the livery you'll pay in the 3/4 months any sort of resolution would take would be well over £500.
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I don't pay livery no, however farrier at £70 a time plus sedation at £50 soon adds up. I'd not really looked at it that way.
The previous owner did also say he took 3-4 months to settle with her so I would give him that at least.
 
I would also put down rather than try to return.

You would have to push for not good to shoe etc rather than age, they could say that was what they were told and with no age in the passport it would be he said/she said. Did you have him vetted?
 
It wouldnt hurt to approach the previous owner though, and see if they would take him back, the horse obviously wasnt quiet and easy, which was what they told you it was. Therefore wasnt as described....
 
If it was a private sale you have no chance UNLESS you can show his advert saying never rears, good to shoe etc and can prove he behaved like this with his last owner. Very very hard to do. You are protected under misrepresentation, it's not just buyer beware, but it's not easy.
 
Ive messaged them. I know a phone call might have been better but wanted to clearly and calmly put my point across and not miss any bits out.
If they say no they say no. The older owners I spoke to assured me ridden wise I've had the worst he will do and gave me some pointers on living with him on the ground! - one of which was a grazing muzzle whilst being handled which is a plan. She also said a nose net and ear bonnet will help with his head business ridden. I'll try those!
 
Is it really worth waiting for him to rear and flip with you on board? If he has shown he can do this on the ground, there's no WAY I'd be getting on it.
 
The main problem is they think hes about 24, not 18 ..... but passports werent in common use 20 or so years ago, so theres no way of proving his age. I wouldnt worry that just because he does something on the ground though hel do it when ridden. Not necessarily so. But he certainly isnt as described to you, and surely that should mean you are entitled to return him...
 
Not sure that's fair. My ex racer could rear vertically when asked to load but never ever did it under saddle.

FlyingCircus said:
Is it really worth waiting for him to rear and flip with you on board? If he has shown he can do this on the ground, there's no WAY I'd be getting on it.
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I'm another who wouldn't bother with the stress and possible cost of legal help to send him back. If you don't want to PTS (and I don't think I would at this point either) then can you accept the horse you've got? ie one that doesn't load and needs to stay unshod? With the old owners tips for managing him you could find that although not ideal you still have a useful horse and haven't totally wasted your money.
 
It wouldn't hurt to ask the seller if they would take him back. However, if they won't I hate to say it but I agree with the other posters. An aged horse who is proving dangerous is not one you can pass on, and the kindest thing to do would be to PTS if you don't feel you can keep him.
 
Michen said:
Not sure that's fair. My ex racer could rear vertically when asked to load but never ever did it under saddle.
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Vertical and in balance, sure I'd be giving it a shot maybe...but anything that has rearing (unbalanced rearing, flipping over kind) as a go to response for what it doesn't like on the ground is not something I'd want to get on. Maybe it's me being over cautious, but I like to think it's just self preservation! :')
 
Just to play Devil's Advocte, there is no mention of how long the OP has had the horse since purchase. Isn't that a factor? The reason I ask is that I have a pony here bought in as a project who was described as being able to be broken in a week. Well, he was bought in June and it is now October! I'll start another thread on this one as I am committed to keeping him and like a challenge! (Poor fool me!).
 
The horse is probably 25. Have you thought about underlying veterinary problems? I used to look after aa saint of a hunter who started rearing, turned out he had spinal arthritis. Also speak to trading standards, they can give you advice . I have a friend who went to small claims court, but was settled through mediation. Get all your info together and speak to original owner first. May be worth vet checking horse out if you are continuing to ride him.
 
As above our old girl became difficult to shoe with arthritis onset, always worse on damp mornings like we have currently. So much so that she became dangerous but was before a saint to shoe.
 
First of all are you sure these people aren't dealers. There are loads going round at the moment looking for cheap or free horses with issues, doping them cause nobody vets cheap horses or the vet they use is corrupt and reselling them, nice people oh yes they are lovely people. I would recommend anyone looking for a horse to join dodgy dealers fb groups there is alsorts of info on there especially as we see there are a lot of people buying unseen from fb auction sites (why why why?)

What was he like went you went to try him? Seen too many dealers drug them as well.

I would try and get your money back as they have just messed you about, but also do a bit of digging around the internet and put a few posts on the dealer sites and see what happens.

If your going to keep him for a while anyway its still worth having a dig about and warn others of these idiots.

Its a shame these people make money out of others and its the animal that suffers.
 
Dry Rot said:
Just to play Devil's Advocte, there is no mention of how long the OP has had the horse since purchase. Isn't that a factor? The reason I ask is that I have a pony here bought in as a project who was described as being able to be broken in a week. Well, he was bought in June and it is now October! I'll start another thread on this one as I am committed to keeping him and like a challenge! (Poor fool me!).
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Ah we know from previous threads not long, she's only had him shod once, last week.
 
I would take his shoes off. Why bother stressing him out for shoes? At the age he is supposed to be, let him have a quieter life. He has not reared on you, so don't take it for granted that he would. I have seen my gelding put two full back legs into another horse, but he has never indicated to me once that he would do it with me even when learning to drive and feeling a rope around his back end for the first time. I have also seen my stallion rear right up albeit never to the point of falling (unless you count that one time he did fall over but was basically pushed backwards by a mare he was supposed to be mounting but got too rude with her lol) he also has never shown any inclination of rearing when he has been training or stressed.
 
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