help! sold a horse...

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PrettyPiaffe

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Sold a horse 5 days ago through horsemart. Lady came and tried him, fell in love, didnt have him vetted although i have no doubt in my mind he would have passed. I told her everything about him, showed her pictures of him doing various activities, offered to box him over to a friends yard so she could ride him over a course of BSJA jumps but she said this wasnt necessary. I said he may well be spooky at first when she hacks him out with it being new routes and all that but he would settle after a couple of rides out, she said this was fine. I signed a piece of paper saying he was correctly described bla bla bla. She telephones me this morning telling me he is dangerous - she hacked him out and he was very spooky she had to get off him. She also told me he doesnt like going out in the field and just stands at the gate apparantley it took her 20mins to turn him out as he didnt want to go and this is upsetting her friend who will have to look after him next week when she goes away. However he is being a superstar in the stable, shes bathed him, had teeth done etc.
Now she has only had him 5 days, not really much time for him to settle in properly yet. She wants me to take him back i think but im not in a position to do so, i have no stable for him and no money to give her back! My mum is worried sick thinking we are going to be taken to court or something ridiculous when really all he needs is a few weeks to get used to his new routine and he will be back to his old self. Just wanted some opinions on this situation, what would you do and if she did try to take us to court would she have a case? We have done nothing wrong, sold a perfectly safe superstar of a horse and it is breaking my heart to think she probably thinks i lied about him/ she doesnt want him anymore :( I have offered to go up and ride him out for her and turn him out to see what hes doing, i know a lot of people would tell her to sod off/ not my problem anymore. Im trying to be as helpful as i can as i really care about the horse and want them both to be happy together but i certainly cannot have him back. Sorry if i make very little sense, im just a bit upset over the whole situation.
 
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If you cant afford to buy him back then i think its a good idea for you to go over and ride him with the new owner...if hes in a new enviroment i think being with someone he trusts will help him calm down a bit and show the new owner that once she builds trust and a relationship he can be a super horse :D
 
Sorry, I disagree with AM. The woman came and tried the horse and made a decision based on what she saw. She chose not to have a vetting etc done on it and chose not to spend any more time getting to know it. It is then her problem if she is not competent to look after it or if it is different from what she saw when it was away from home. Anyone who has ever bought a horse should know that they do become a bit of a handful in a new environment.
I feel for you because it is not nice being in a situation where you think that people might be saying you have misled them, but it sounds like you have been more than open with her - even offering to go and help this woman out with the horse. What dodgy dealer would ever do that in a million years???
If you are genuinely concerned that the horse will come to harm, then yes, scrape the money together and buy it back, but otherwise I would inclined to be firm. With horses it is sometimes a case of buyer beware, and there is no excuse for potential buyers not to do their homework.
Whatever happens, good luck. I wish the best for you and the horse.
 
i totally agree with flicker, she had the opportunity to maybe come back for a second viewing, and also did she hack him out at all at your place? if she did this proves he was fine.
it is down to the buyer to cover all avenues before purchasing a horse, and ensuring they are happy.
i think you have been more than honest with this woman, and maybe its her not being as good as she thought.
there are plenty of equine law solicitors online who can offer free telephone advice, but IMO she probably has no leg to stand on. keep offering the help as this proves you are willing to come to a comprimise, but I cant see how you would be legally bound to buy the horse back.
i really think it takes more than 5 days for a horse to settle in a new place anyway, so she should give the horse some time.
good luck with it all, and try not to worry too much.
 
thankyou for all your opinions and advice. She hacked him out for around half an hour, cantered him in an open field, popped him over a log and tried him out in traffic etc.
 
Oh if I had a pound for every numpty who buys a horse and expects them to behave exactly as they wish from the second the poor animal steps off the ramp...

5 days, sheesh! If you can find the money to buy him back, then do. For the horse's sake. Then point her in the direction of Hamley's. Agree that she doesn't have much come back, from a legal point of view.
 
As she bought from a private seller (you) in theory she has no legal comeback
Having said that..... what exactly did you sign when you sold the horse? If you gave some kind of warranty that she can prove is incorrect, horse is mis-described, then you might be on dodgy ground.
 
Agree that she doesn't have much come back, from a legal point of view.
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Patches on here will tell you a story to make your hair stand on end.............. And would totally disagree with your statement.
 
Erm, although I agree with the above, I would be inclined to try and buy him back, and then start again. This lady obviously has not got a clue - I wouldn't even try and ride a new horse until it had had the chance to settle in, if it could be spooky at the start. The horse needs at least a month, maybe on a calmer, and it's clear this woman doesn't understand that.

I know the money goes immediately, but i think it's the only way to prevent her re-selling, tho not sure on the sueing front, tho surely she has to give the horse more time for that ?

huge (((((((((((((((((HUGS)))))))))) sm x
 
foxy1 said:
As she bought from a private seller (you) in theory she has no legal comeback
Having said that..... what exactly did you sign when you sold the horse? If you gave some kind of warranty that she can prove is incorrect, horse is mis-described, then you might be on dodgy ground.
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It said that as far as im aware he is sound and free from any vices and that we have sold him for the sum of £*** to miss ****.
 
amymay said:
Of course she does.
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I sold an ex racehorse last year to a lady for hacking, she then rang me a week later saying it had played up with her 9 year old daughter :eek:. I asked her what had happened and she said she wasn't sure, but he was fine the first time her daughter rode him! Anyway, I offered to go and ride it, but she wanted me to take him back and in the end after a lot of abusive emails from her, I emailed her and told her to address all future correspondence to my solicitor. Never heard another word. When I spoke to the solicitor, she said it was very difficult to prove that the horse wasn't suitable for purpose, and it was going to cost her several thousand to pursue the case.
 
I think legally she could try and sue you but for her it could end up a lengthy and expensive process without results at the end. So for the moment I would put those thoughts aside and cross that bridge if/when it came to it.

From your POV, given that you care what happens to this horse, but you don't have the money to take it back I would suggest the following:

Encourage the buyer to accept your help with the horse and go over and give that help as frequently as you are physically able for the first few weeks.

If that fails, either because she refuses your help, or because the partnership are genuinely mis-matched, I would offer to help sell the horse on for her and find a more suitable home, but that is at her expense rather than yours.
 
Well then it's buyer beware I'm afraid; had a similar problem when someone bought a horse from me a couple of years ago. The buyer couldn't cope with the horse; they chose not to have it vetted and tried to tell me it couldn't be ridden because they felt it had behavioural problems. I didn't have the space (or desire) to take the horse back so I told her to sell it on if she didn't get on with it. She got a solicitor to write me a letter, I wrote one back pointing out that as a private seller I was not covered by the sale of goods act. Never heard anything else from her.
You don't sound like you want the horse back so don't take it back; if she needs help with it she can contact a riding instructor like the rest of us.
 
If I were you I'd go and see the buyer, reassure her that it is normal for horses to be a bit like this at the outset but normally the settle down. Tell her that everything you told her at the viewing was true and he was sold as seen so you can't take him back but as you are concerned for his happiness you will do everything you can to help.

Look at the environment and regime and suggest changes, suggest a calmer and only hacking in company for the first month or so. Give her your instructor's details and suggest she books a couple of lessons with her as she already knows the horse and how to get the best from him. Offer to visit a few times to help her out, maybe hack him out for her or hack out with her.

I suspect she isn't very experienced and is a little overwhelmed and is suddenly thinking OMG what have I bought! If you haven't had a horse before you don't know how to settle it in for the best so help her out and hopefully they will end up being a great partnership.
 
Poor you. Doesn't seem like she has given him much of a chance. I would agree with others that you should go and see her. If she is close by offer to go a few times to help him settle. If not just go down and take him for a hack preferably with her so she can see what he is like.
Good Luck
 
Why is it that people think horses are cars / washing machines / TV's. They seem to think that the instant the press the 'ON' switch it will be the perfect horse that they always dreamed of. I cannot tell you what I think about the buyer, as it is probably libellous.

As far as the buyer is concerned I would politely tell her that a horse needs MONTHS to settle in, and remind her of the conversation where you pointed out he could well be spooky to start with. Also tell her that as horses are prey animals, turning out into a new (never seen before) field is very likely to get an adverse response as the poor horse has not yet worked out that the field is a safe place.

I would hate to sell a horse, as I believe 90% of people are morons (present company excepted).
 
It is such a shame when this happens. Could you explain to the new owner that you don't have the money or the facilities to buy him back but are happy to help her get over thisissue / to help her sell him on, whichever she prefers? This should reassure her that you are not a rogue :p and will also mean the situation gets resolved (in whatever form) as quickly as possible :D
 
This must be really upsetting for you to hear that she is not happy with the horse.

I am in the same scenario as the person you sold the horse to. I bought a horse 6 weeks ago. A 12 year old. I went and tried him out in the school, he was perfectly behaved and laid back. I hacked him around the block, again perfectly behaved. Good in the stable. So i bought him. I didnt have him vetted. Very silly i know but he seemed like the laid baclk chilled general allrounder i was looking for.
When i got him home he was a nightmare. He was good in the school for a week and on one hack. Then he started napping really badly, bucking etc.
However, i didnt go to the person i bought him from. She was a bit of a waste of space to be honest, completely lied about why she was selling him.
Instead, although i wanted something laid back etc, im a competent rider with 15 yrs riding experience so i have decided to work with him, otherwise he is going to be passed from pillar to post like it transpires he has in the the past.

I think she needs to give it a lot more time. She may decided that she will keep the horse and work through her problems with it and will prob go on to have a wonderfull reltaionship with her new horse.
At the end of the day, you havent lied about the horse. She as i did only rode it once and didnt get it vetted etc so really she cant have expected to have got a perfect picture of the horse.

The woman should gladly accept any little bit of help you can give to her. You know the horse, you know its ways/personality and so by working with you there is no reason it cant be the perfect horse for her.

This is what i have done. I looked through paddys passport and contacted the person who owned my horse before the girl i bought him from. She had him the longest and did so much with him. She has been a fantastic help in getting to know him and work with him etc and without her i prob would have given up. Although she lives a long way away and cant come and work with him in person we chat everyday about his progress and if he has been naughty we chat it through and she gives me tips.

Dont panic yet, she may decide that she wants to work with the horse and yourself whilst he settles down. Also a week is nothing, paddy still is no where near settled after 6 weeks.
If she does try and get you to take it back, then for the horses sake it may be better that you do buy it back, poss at a reduced price for the inconvenience etc and make sure you find him a better home.

I dont think she has any legal comeback though so i wouldnt worry. Given time it will hopefully all work out. Fingers crossed x
 
As a new horse owner, I too wanted to send mine back after 10 days, complete reality check, the seller said he would take her back, but he couldn't at the time so I kept her, and got to know her and fell in love with her, 10 weeks on have ridden her a few times, still nervous, but was told so many times that you and the horse have to bond and it can take ages! I think I am lucky and we are bonding, so this person who bought the horse has to accept as many of you have said that it takes time!
 
shysmum said:
Just to clarify "SOLD as SEEN" - (tho I know this does not apply in this case).

http://www.horseandhound.co.uk/forums/archive/index.php/t-251237.html

As far as I can tell, this does NOT automatically apply to any sale, it has to be specified either on the advert, and/or on the jointly agreed and signed receipt.

Sorry to be off on a tangent OP.. sm x
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Dont apologise! I appreciate all help and information :)

I think i am going to explain to her AGAIN that i simply cannot take him back but she is only about 45mins away so i am willing to come up and ride him out for her until he settles down a bit more and that he really isnt crazy just unsettled and wondering what the hell is going on and where are all his old field pals?! She doesnt seem to be inexperienced but perhaps a little nervous of him which i understand with him being a new horse and not knowing what he will throw at her. I wish she would trust me though as he wont throw much at her at all just will need a bit of confidence from her for his first couple of hacks and will stand at the gate until he realises that his new field mate wont kill him and he can go and eat to his hearts content!

Thank you again for everyones help and advice!
 
Hmm, I am soo tired of hearing stories of numpty buyers like this to be honest. It seems it is far too easy these days for any person to buy a horse, say they are 'experienced' and then when it goes wrong (which invariably it does as they seem to expect a horse to be a machine) they the blame the seller!

I don't think she would really havemuch comeback at all to be prefectly honest. "Buyer beware" still applies and, as you are not a dealer you would not be obliged to take hime back unless she could prove beyond resonable doubt that you had indeed misold the horse.

What happened to the good old days when buying a horse was a luxury and wasn't taken lightly? You'd see a horse 2 maybe 3 times, take an instructor/someone with an unbiased, professional opinion and also have a horse vetted. You'd want to be 99.9% sure the horse was 'the one' before you bought because that was it - you didn't even consider that you'd return it if it misbehaved - horses are animals after all.

We had something similar happen to us when we sold a horse although the purchaser didn't come back to us but we heard off the person she sold the horse onto that we'd lied apparently about his behaviour! Er, we were overly honest when she came - even told her he had a tendency to rear if he was pushed to do things like jumping. She said that was ok as she wasn't wanting to jump, just wanting to hack and maybe hunt (he was fine to hunt as with other horses). She sold him after a few weeks cos he showed his rearing technique - why? Hmm, cos she took him to a show and tried to showjump him!!! What can you do - she was adamant she wanted him (well he looked the part) and there wasn't a lot we could do to stop her - we wanted to sell him as he wasn't able to do what we wanted so it's hardto put someone off who's so keen and swears blind she is experienced and has the help of her sister (ooh, an eventee don't you know!).

Purchasers can be worse than vendors in many cases - they lie, or ok, exaggerate the truth about their abilities.

I would not offer to buy him back - i would maybe offer to visit her or help her find suitable purchasers should she wish to sell him on but i stick to my first thought, she sounds like a total idiot and you are not obliged to do anything!!

If you did feel you had to get him back to stop him being ruined etc etc then sure but do not buy him back for the same price you sold him for - after all, she's now told you he's 'dangerous'!!! Lol
 
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