Melody Grey
Well-Known Member
Not your problem OP. If it’s a mis-represented sale, that’s very much the seller’s problem.Yes - in her words 'I can't buy the pony back as then she is a horse with me too'
Not your problem OP. If it’s a mis-represented sale, that’s very much the seller’s problem.Yes - in her words 'I can't buy the pony back as then she is a horse with me too'
Yes - in her words 'I can't buy the pony back as then she is a horse with me too'
Yes - in her words 'I can't buy the pony back as then she is a horse with me too'
Yes - in her words 'I can't buy the pony back as then she is a horse with me too'
It is difficult to judge height in some ponies. My other 148 pony I was convinced would never measure in - we decided to affiliate her after owning her for a few years so height hadn't been that important. She was only 146.5 - yet looked massive. The new pony is a little 'odd'. She literally has the face of a horse, a broad body but short legs.
Was that in a text ?
It's been a legal issue from the start.
The JMB are obviously now aware of the disparity between the height measurements taken in 2019 and 2021. When/if the pony is presented for re measuring by whichever party, the officials will be closely scrutinising the pony for issues of being nobbled to measure in.
It is an art to get a slightly too tall pony to measure in, it can be done without necessarily resorting to illegal or unethical practices.
She sounds lovely. I'm going to suggest the unmentionable (feeling brave this morning). Why not go ahead and compete in the bigger class even though it's all a bit annoying? Maybe she'll do brilliantly. It seems a shame that this cutie could get into wrong hands.
Genuine question as I’ve never been in the position of buying something with a LHC- would the vet not take a measuring stick at the vetting? I know that wouldn’t be the same as a certificate, but it would influence whether it was fit for the intended purpose....assuming that the max permissible height is part of its suitability for the job?
She sounds lovely. I'm going to suggest the unmentionable (feeling brave this morning). Why not go ahead and compete in the bigger class even though it's all a bit annoying? Maybe she'll do brilliantly. It seems a shame that this cutie could get into wrong hands.
She sounds lovely. I'm going to suggest the unmentionable (feeling brave this morning). Why not go ahead and compete in the bigger class even though it's all a bit annoying? Maybe she'll do brilliantly. It seems a shame that this cutie could get into wrong hands.
I think it's like buying a car without a valid MOT, you either factor in the cost of the MOT, and the fact its may not pass, or you buy with enough knowledge that you can sort it.
Unless you have knowledge anyone who takes the sellers word that it will pass an MOT is naive, especially if they are paying full MOT prices.I think the analogy is buying a car where the seller tells you it will definitely pass the MOT and then finding that it won't and it's going to cost a lot of money to get back on the road and you'll never be allowed to drive it on a motorway.
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Unless you have knowledge anyone who takes the sellers word that it will pass an MOT is naive, especially if they are paying full MOT prices.
I usually buy without a vetting, but I factor how much if I would lose should it have a problem. I buy budget cars with a full MOT privately, but expect to spend at least £500 sorting out anything that's likely to be wrong with it, I am not a mechanic, and it would have to be sorted at the local garage. The MOT just makes it legal to tax, insure and drive it to the garage, as long as it's safe to drive on the road. At the end of their life with me they are sold as spares or repair, with one month's MOT, so they can drive it to a garage or home if they want.
Perhaps the difference between what the horse is worth now and what you paid would be less than the limit for small claims? You could take out as a horse and unaff, get it seen and sell it to a small adult (I have jumped 14.1hh ponies in adult classes no issues so it is possible) then claim for the difference? Obviously with legal advice first!
Yes. it was put on the advert and in messages to me when I queried height.
"it" was the word approx. I may be wrong but the pony advertised for sale may have been advertised as approx. 148 jumping pony. (red's post 78 also refers) that would be a red light to a potential buyer to get it measured.
I also wonder if the pony was sold by a dealer. Was it part of the dealer's stock or alternatively was it some sort of sales livery or similar arrangement and the professional was selling at her yard for a private owner.
"it" was the word approx. I may be wrong but the pony advertised for sale may have been advertised as approx. 148 jumping pony. (red's post 78 also refers) that would be a red light to a potential buyer to get it measured.
I also wonder if the pony was sold by a dealer. Was it part of the dealer's stock or alternatively was it some sort of sales livery or similar arrangement and the professional was selling at her yard for a private owner.
Hi - I did specify that the pony couldn't be bigger than 148 as my daughter needed to ride her in juniors.From the sounds of it the money you spent is very significant and you need to speak to an equine solicitor immediately, a few hundred thrown their way for an initial idea of your options is probably money well spent.
If she believes it’s because you didn’t prepare it properly then she should be able to get it measured in and she can then sell it as per her original advert, if she believes she won’t be able to do this then she has potentially misrepresented. However she did truthfully tell you it measured 146.8 on its last recorded measurement and if you did not state that the sale was dependent upon it measuring in at 148 or less then she may well not have misrepresented the sale at all.
we have 2 more years in juniors and didn't really want to jump seniors now if we could help it.It’s not just the price the child can’t do pony classes .