Did you know - sellers private and trade

[Green Bean]

Now this may come as no surprise to all you seasoned horse shoppers, but I have discovered something of interest (a curiosity really as I just window shop a lot and have my heart horse already). On Horse Quest, private sellers and trade (dealers) sellers have to have the correct abbreviation after their phone number, unless their advert has their business name all over it, then it is obvious they aren't a private seller. Examples are 01234 56789 (P) for private or 01234 56789 (T) for trade. Now I never knew this but my eyes have been opened.
This brings me on to why I have posted this (as you may all be infinitely smarter than me in these things) - should the 'I am selling this horse for friend' (errmm no, you are a dealer) have (T) after their numbers? Just thinking of the 'protections' afforded when you buy from a Dealer (or bad reputation, depending on who we are talking about) as a opposed to the selling for a friend, which I am unsure if this comes with any protection?

 

[ycbm]

I think it goes like this.

Selling one horse for yourself - not a dealer, horse can only be returned if seller lied and can be proven to have lied.

Selling one horse for your friend - not a dealer. Horse can only be returned if seller can be proven to have lied but goes is returnable to the owner, not the seller, and the owner must get the money back from the seller.

Dealer selling horse they own - full consumer protection applies.

Dealer selling horse they do not own, as an agent for the owner. Horrible murky grey area that depends on the status of the owner, the seller and the agreement between the two. No automatic consumer protection.

Regarding the T after the number, then obviously it's clear that the seller is a dealer. But no T does not mean that the seller is not a dealer, though it might be slightly more difficult to prove in the event of a dispute.
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[Teaboy]

It’s tricky, because surely a dealer is someone buying and selling the horse themselves - if you are a predominately schooling yard but on occasion (twice a year say) are asked by a client to sell their horse does that make you a dealer, I would say it makes you an agent and I don’t know the rules regarding that scenario ?‍

 

[rabatsa]

When we were trying a fair few ponies for the RDA we were advised to be careful as if we sold more than three in a year we would be classed as being dealers.

 

[The Jokers Girl]

It’s tricky, because surely a dealer is someone buying and selling the horse themselves - if you are a predominately schooling yard but on occasion (twice a year say) are asked by a client to sell their horse does that make you a dealer, I would say it makes you an agent and I don’t know the rules regarding that scenario ?‍

I did look this up and found a very good article on tozers solicitors page. An agent as a middle man is not party to the contract as long as they declare they are selling on behalf of someone else, so if anything goes wrong you sue the original owner. If the agent doesn't declare they are selling on behalf of someone else then you can sue either or both the owner or agent

Edited to add link if anyone is interested from a legal point of view
https://www.tozers.co.uk/insights/buying-a-horse-via-an-agent

 

[honetpot]

It’s tricky, because surely a dealer is someone buying and selling the horse themselves - if you are a predominately schooling yard but on occasion (twice a year say) are asked by a client to sell their horse does that make you a dealer, I would say it makes you an agent and I don’t know the rules regarding that scenario ?‍

I would this, as horses are your trade, that's how you make your money, unless the seller is present at the time of the sale, and not some vague figure the buyer never sees, and there is a cast iron contract, I would class it as a trade sale.
Someone I know had a horse in schooling livery, the owner wanted to sell it, the trainer refused to sell it from their yard, because they did not want to guarantee it.

 

[ycbm]

I think there is a difference between a schooling livery not wanting to put their reputation at stake by selling a horse and there being any access to consumer protection legislation by the buyer.

If it's a straight agency sale, the seller does not own the horse but is charging the owner to sell it for them, then the seller is the owner and if the seller is a private individual then consumer law does not apply.

If someone says they are acting as an agent then the safest thing is to assume it's buyer beware, because even if they are a dealer and do own the horse they're not going to willingly shoulder their responsibilities for it if they are pretending they don't.

Worse still with an agency sale, if you are going to sue for lies you were told by the agent, you have to sue the owner even though it wasn't them who lied. They then have to sue the lying agent to get their money back. Agency sales can be a right can of worms!
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