Disclosure Agreement (?)

They sounds totally bonkers! I would avoid any further contact!

In France you can return anything you have bought 15 days after purchase without giving a reason...including a horse!
 
Holy flip! I think you did the right thing saying that you wouldn't go through with the sale. A horse is not the same as buying a car (despite what they claim) as new owners can have a negative effect on a horse's behavior in a matter of days (I've seen it happen). Cars don't care if their new owner is an idiot, horses do. Plus some horses don't settle in a new home immediately and they don't sound the sort that understand this.
 
they treated it a lot like the sale of a car to be honest - they wanted to be in full control of the 'facts' but the 'fact' is that horse can be sound one day lame the next quiet one day spooky the next. :( i feel sorry for them as they seem genuinely disappointed/angry but i cannot have any comeback if something happened down the road or his behavior deteriorated or he developed a vice, etc.
 
Have you got the next viewing booked with the other lady who was interested?

I hope that it works out and that he's happily in a new home soon. :)
 
me too. thats twice now ive had my time wasted. the other lady is going to call me asap. she really wanted him and im sure he will be spoiled for life and she hasnt stopped texting telling me how much she wants him. im going to explain whats happened here and hope that shes not thinking about doing the same thing!

i dont mind people being thorough and would have signed something to say he was height age, and vice free at point of sale but i cannot say anything else because its a horse!

I think these guys must have been burned some time in the past by a bad seller or something because ive never seen anything quite like it !!! Someone has either told them a disclosure agreement is required or standard procedure or theyve had claims before - it scares me that they mentioned Equine Legal Solutions and they hadnt even bought the horse.
 
Well they are the losers and I think they will find that they will be without a horse for a fair while as most sellers will do the same as you and run a mile rather than sign that. lets hope the other lady buys him and loves him as much in person as in the texts
 
Booboos said:
They sounds totally bonkers! I would avoid any further contact!

In France you can return anything you have bought 15 days after purchase without giving a reason...including a horse!
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We have never had a refund though!!! Just a credit note.
 
digitalangel said:
oh. just got a seemly angry email. oops. apparently you can have these agreements for cars too.
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hmmm, yes, but for most cars a decent indemnity policy will be factored into the price by a dealer, who will take out insurance to cover it. Not included as a freebie in a private sale.

They sound like utter pains.
 
:eek: They do seem like hard work.

Email them and suggest that they start looking through reputable dealers - they would at least have the protection of the Sale of Goods Act then.

Mind you, I know a few GOOD dealers who would escort them off their yards at speed if they produced a contract like that...what an insult :)
 
Pearlsasinger said:
I think you should refer them to Kelly's Cobs.


Sorry, I just couldn't resist.:D
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ha ha ha

OP - lucky escape - if they are giving you grief now imagine the grief you'd have got if you had have sold to them - every horse no matter how perfect will do something unexpected, you'd have had threats to sue in 6 months when he had his first pole down in a SJ comp!
 
Just to add it's a living breathing animal!! Why do so many people forget this! Even bloody kellys cobs offering a garentue?!
 
digitalangel said:
im going to explain whats happened here and hope that shes not thinking about doing the same thing!

.
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hmmm i possibly wouldnt do this. Just say the other sale didnt go ahead. If she asks why just say you didnt think it was the right home ( no need to mention you think they are crazy :p)

As if you do chat to her about it... she might get a wee thought in her mind a long the lines of -" sooo... does that mean you might be hiding something? :confused:"

Anyway, I wouldnt have signed it either, like others have said horse can change so much when they change hands. To me it just sounds like a way for them to cause you problems in the future - which no one needs.

Good luck with the other buyer :)
 
alainax said:
hmmm i possibly wouldnt do this. Just say the other sale didnt go ahead. If she asks why just say you didnt think it was the right home ( no need to mention you think they are crazy :p)

As if you do chat to her about it... she might get a wee thought in her mind a long the lines of -" sooo... does that mean you might be hiding something? :confused:"

Good luck with the other buyer :)
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Ditto this.
Just say they turned out to be timewasters and you were worried they couldn't tell the difference between a horse & a car ;) No need to give a reason why you thought this haha
 
They sound like a nightmare! Selling a horse you love is traumatic at the best of times without people like that. Please God don't let it be the way forward, although I too have sworn never to sell another.
 
Barge pole, and you are right to refuse to sell.
You can not be held responsible in any way for how the horse may or may not behave or react in the future, especially as the flip side of the coin would be asking them to sign a document confirming they will keep and manage the horse in exactly the same way as you have, and on a yard EXACTLY the same as yours.
End of.
 
Not quite as formal, but I actually asked for something similar when I bought my lad... :o

I basically put all the questions I'd asked, responses, and the advert together, using the BHS Loan template, and a UK equine sales agreement template - basically to cover what they knew about the horse, and how it was kept. I included bits like what, when and how much he was fed, whether this changed with season/workload, what tack he wore for which activity etc. I wanted to be clear what to do with him - no point telling me he hunted in a snaffle, if it was with a big bloke and he was hunting twice a week on no hard feed ;)

It meant I had a record of how he had been for them, and a guide on how to manage him to hopefully keep the same temperament. They were quite happy to sign it as part of sale agreement - just amended a few bits, such as exactly what type of rider he was suitable for. I.e. I'd originally asked for a horse that would be suitable for a nervous, novice rider (e.g. if I had an eek moment it wasn't going to freak if I froze). The dealer amended this to say suitable for competent novice, but due to being green schooling-wise, not suitable for nervous or inexperienced novice.

Maybe I was being too pedantic, but I saw a lot of horses before I bought, and I wanted all the details for this one in one place, and the dealer had no problem signing the 'declaration' once she's checked it - we both signed, with vet at vetting, and all kept copies.
 
Oh dear! Think they'd been watching Watchdog?!!

I would just say to the other interested buyer that you didn't think they were that experienced and that you want to make sure the horse went to a good home where he would be right - say things just didn't feel good about the other buyers. Don't go into details.

ps Lego, I think asking for details of how the horse is kept etc is a good idea. When I sold my last pony I gave them a sheet with what he had been fed on, size of tack and bits etc, how I managed his sweet itch. I also sent all his rugs and tack - again wanting to know he was going to be in things that fitted him.
 
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thanks everyone.. this is good to know im right in my thinking. Sadly the other lady now cant view until the weekend. i am having such a nightmare with this sale and timewasting buyers! i swear i am never doing this again!!!!

@Lego see that kind of thing is totally fine i am more than happy to write down management but wether the horse is going to jump a 1.20 clear when hes never competed to that level, will remain viceless and will be sound forever and a day is something i cannot guarantee and i think its unfair to ask. was also weirded out by their statement saying that he was tried in a hanging cheek and wanted me to sign to say he can do BD in a dressage legal snaffle... ............o_0

He certainly can clear a 1.20m fence though :)
 
i dont know if theyve been watching WD or not but im a honest private seller!!! i feel like my integrity as a person is being questioned like im some kind of dodgy dealer looking to rip people off


I think the last straw was them asking me to have my boyfriend ( who is dutch ) contact the breeder on their behalf to confirm there was no claim on him! I doubt the breeder would care, given hes got some *very very* expensive and nice horses to worry about.

:((((
 
s4sugar said:
Sounds like you've had a lucky escape.
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And the horse!!!

I've never tried to buy a horse in my life (one day! :rolleyes:), but I thought the key phrase was "buyer beware" i.e. get all the vetting done, a trial period if it can be arranged, see the horse do as much as you can, handle and ride it yourself etc etc. Not "buyer be completely neurotic and have seller over the proverbial barrel with a load of legal gumph".
 
Definitely sounds like a lucky escape! Fingers crossed it goes ok with other lady. Selling them is hard enough as it is, without all this!
 
digitalangel said:
i dont know if theyve been watching WD or not but im a honest private seller!!! i feel like my integrity as a person is being questioned like im some kind of dodgy dealer looking to rip people off


:((((
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I didn't mean you were dodgy, just that already paranoid people may have got even worse if they watched it!

Don't take them personally, all of us think they are strange and to be avoided - its nothing to do with you or your integrity.
 
thanks honey, i know.. i was just commenting in general on how it all made me feel.

Its just the last thing i need, after having to deal with nutty liveries ( not my problem anymore woohoo!) and finding out ive been ripped off and having to restart my menage application having the third degree for no reason was the last thing i needed. Being accused of trying to sell my horse illegally ( not true ) and having to jump through hoops to prove x y and z, the disclosure agreement was the last straw.
 
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