Mad holly
New User
Can a trader advertise a horse on their website , then write a receipt private sale , are they trying to take your rights away x
Horse sale problem
- Thread starter Mad holly
- Start date
cptrayes
Well-Known Member
Was the horse theirs or were they selling it as an agent for someone who owned it?
Pearlsasinger
Up in the clouds
A few dealers will advertise some horses as 'for sale on behalf of......', which always seems to me to be a way round the law.
Otherwise the receipt should reflect the circumstances of the sale honestly.
Otherwise the receipt should reflect the circumstances of the sale honestly.
be positive
Well-Known Member
If a dealer is selling, even for a third party it is still a trade sale, the receipt should not say private.
The vetting certificate should also be clear who you have purchased from, I sell for other people and it counts as trade, on vets cert. I am an agent in these cases.
The vetting certificate should also be clear who you have purchased from, I sell for other people and it counts as trade, on vets cert. I am an agent in these cases.
cptrayes
Well-Known Member
The sale is still a trade sale but I believe that the law is very different for an agency sale than a dealer-owned sale. The sale of goods act applies to one and not, I have read, the other. If the sale is an agency sale, apparently, you have to take action against the owner if the dealer misrepresented the horse. It is then up to the owner to take action against the dealer to recover their losses.
In short, if it's an agency sale, it's a complete mess! I read this in an answer in a horse legal Q&A in a magazine a few weeks ago. Can anyone confirm it's right?
In short, if it's an agency sale, it's a complete mess! I read this in an answer in a horse legal Q&A in a magazine a few weeks ago. Can anyone confirm it's right?
Mad holly
New User
Dealer said it was their horse , sed in their riding school , the horse nt as described , won't take it back , I have been truly ripped off , sall claims court is all you can do , but it's not big money £2500 , so seems waste of time , this person doing this all the time x
The Fuzzy Furry
Old Timer
Speak to your local trading standards, also the BHS legal line (if you are a member) and you should get the right advice.
Welshie Squisher
Well-Known Member
This is the same horse youve recently posted about as not being as described? Your daughter coming off ponies and this is her first horse and it chucked her twice yes?
I've been done the same with my daughter and honestly you'll dement yourself. Sell the horse and move on.
Small claims courts, lengthy battle etc, and you may not win, the stress of it will do you in.
Sometimes it's best to just cut your losses.
But sometimes also horses become settled and do change, my daughters cob was a horror, and he's now so fantastic thousands wouldn't persuade me to part with him.
I've been done the same with my daughter and honestly you'll dement yourself. Sell the horse and move on.
Small claims courts, lengthy battle etc, and you may not win, the stress of it will do you in.
Sometimes it's best to just cut your losses.
But sometimes also horses become settled and do change, my daughters cob was a horror, and he's now so fantastic thousands wouldn't persuade me to part with him.
Welshie Squisher
Well-Known Member
Just wanted to add, it doesn't matter how you ask the questions, and you've asked several times now regarding this horse, the end result is the same.
If the dealer wont refund and take the horse back, the small claims court is your only option.
I think the dealer has made their intentions clear.
So really, you need to ask yourself if you can prove the horse is not as described. Get a friend to play devils advocate and argue the dealers case, then you can figure out if you can present a decent argument.
I lost nearly all the purchase money on my daughters first pony, the pony was anything but a first pony but i had to just suck it up as they'd have played the beginners/novices hand and at that time i'd have struggled to argue my case.
Frustrating I know, un just and people who sell kid ponies that aren't suitable should be shot because it could cause serious injury. But fact is most get away with it
If the dealer wont refund and take the horse back, the small claims court is your only option.
I think the dealer has made their intentions clear.
So really, you need to ask yourself if you can prove the horse is not as described. Get a friend to play devils advocate and argue the dealers case, then you can figure out if you can present a decent argument.
I lost nearly all the purchase money on my daughters first pony, the pony was anything but a first pony but i had to just suck it up as they'd have played the beginners/novices hand and at that time i'd have struggled to argue my case.
Frustrating I know, un just and people who sell kid ponies that aren't suitable should be shot because it could cause serious injury. But fact is most get away with it