Finding a vice after purchase....

[DragonSlayer]

...being told the horse has no vices then you find out it is a windsucker.

Any legal weight?

Thanks in advance!

 

[Passtheshampoo]

Did advert mention it? Presumably not - did you ask about vices previewing or at the viewing and do you have a witness. What does your receipt say? Private sale or Dealer? Have you contacted the Seller? Do you want to return the horse or get some cash back?
If Seller has lied then you should be able to return the horse and get a refund in principal. Are you a member of BHS? Gold members get free legal advice.

I bought a TB horse many moons ago through a private sale. It windsucked non stop when we got it home. We got our money back.

 

[DragonSlayer]

Private sale and no....was told no vices.

Yes, BHS will be called asap.

Cheers!

 

[Polos Mum]

Have you had your dentist look at his teeth to see if he's always done it or whether it's just change of scene? Dentist evidence that it's a major habit might be useful in any discussion with previous owner.

My boy apparently didn't weave in his professional home, then moved to a busy livery yard with a friend of mine and did it so badly he was almost going from one side of the stable to the other! Couple of months later he moved home with me (small private home) never seen him do it again in 4 years!

 

[DragonSlayer]

Will get that checked asap, thanks!

 

[MerrySherryRider]

You should be able to get your money back as vices have to be declared. Good luck. How disappointing for you.

 

[flyingfeet]

Its probably the environment, I bought a weaver and never seen her do it here. Nice discount for me.

However one of my homebreds that have never spent much time in stables or been at a busy yard could develop a stress vice I guess. Ditto get the teeth looked at

 

[lottiepony]

My horse turned out to be a weaver, she'd been at the same home since she was 6 months old think the stress of moving started it like urs Polos mum. She very rarely does only when something stresses her but in 7 years I know how to keep her happy however if uve been told no vices then it does need looking into as would affect the horses sale price if people knew

 

[cptrayes]

Did advert mention it? Presumably not - did you ask about vices previewing or at the viewing and do you have a witness. What does your receipt say? Private sale or Dealer? Have you contacted the Seller?
If Seller has lied then you should be able to return the horse and get a refund in principal.
.

None of this matters. Windsucking is a declarable vice, and if you can PROVE that the owner knew it did it, then they are required to take the horse back or possibly compensate you for the loss of value if they told you that it was vice free or even if they simply "forgot" to mention it windsucked.

The hard part is proving that they knew it and that they never told you that it did it. You will get nowhere unless you can. Anyone at the previous stables who can tell you and stand by their statement?

I would be mad about this, I loathe windsucking.

 

[DragonSlayer]

You should be able to get your money back as vices have to be declared. Good luck. How disappointing for you.

It's my sister's new horse.....very disappointing. It's not the only thing that seems 'untrue' but won't say too much.

Legal advice is being sought.

Thanks for all the good advice.

 

[Moogleberry]

You should be able to get your money back as vices have to be declared. Good luck. How disappointing for you.

______________________

^^^^^^^^^

This

There are a list of vices which should be declared before you purchase....windsucking is one of them.

if you had a 5 stage vetting done then the vet should have asked the owner and marked their response on the vetting form, think maybe the same with a 2 stage as well but not sure. Only know because I came upon a windsuckers during my recent horse search (didn't get him but he had other issues too) ....good luck.

 

[DragonSlayer]

None of this matters. Windsucking is a declarable vice, and if you can PROVE that the owner knew it did it, then they are required to take the horse back or possibly compensate you for the loss of value if they told you that it was vice free or even if they simply "forgot" to mention it windsucked.

The hard part is proving that they knew it and that they never told you that it did it. You will get nowhere unless you can. Anyone at the previous stables who can tell you and stand by their statement?

I would be mad about this, I loathe windsucking.

Fingers crossed we can sort it! Having to trot around every fence post slapping on cribbox is gonna be a pain in the ass....