Dynamo
Well-Known Member
Lexie, a few people have mentioned 'misrepresentation' as the thing to rely on in any legal claim. This applies to both professional and non-professional sellers. The Sale of Goods Act concerns fitness for purpose and applies only to professional sellers. Misrepresentation (which is completely different from fit for purpose in legal terms) applies to all sellers, and there are two forms of 'misrepresentation' to consider. The first is fraudulent misrepresentation, so if you believe the seller knew that the pony was not strictly as advertised, the second is negligent misrepresentation, where the seller is responsible even if they did not know. This is important. It means that if the pony is not exactly as described in information that you relied upon to make the purchase, regardless of whether the seller knew or not, you can return the pony and be fully refunded. You need to be able to prove it. If the advert describes the pony as 148cm and if you relied on the advert and the things you were told by the seller about the pony's record in 148cm classes and so on, then it doesn't actually matter when the pony grew, how the height certificates were obtained, or anything else. All that matters is that the pony was advertised as 148cm, that you relied on that information because a full life height JMB certificate was not available, and that the pony is actually 151cm. This constitutes negligent misrepresentation because the onus is on the seller to be accurate at the time of the sale, especially knowing that the height is of material value and importance. It doesn't necessarily mean that they attempted any malpractice, but simply that there was a mistake, that they failed to provide accurate validation of something that was critical to the value of the animal and to the sale, and it's the seller's mistake, not yours. If, however, the advert says APPROXIMATELY 148cm, or 148cm subject to JMB confirmation, then there has been no negligent misrepresentation because the wording suggests that the height is not being represented as definitive. Does that all make sense?
If your decision is to return the pony, and it IS your decision, you need a good equestrian lawyer to put this in writing for you, to state that you intend to return the pony on the grounds of negligent misrepresentation and demand a full refund.
How horrible to find yourself in this position, for all concerned, the pony and your daughter.
If your decision is to return the pony, and it IS your decision, you need a good equestrian lawyer to put this in writing for you, to state that you intend to return the pony on the grounds of negligent misrepresentation and demand a full refund.
How horrible to find yourself in this position, for all concerned, the pony and your daughter.
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