Horse sale withdrawn after purchase advise please

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naturalp

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I live in France - I recently was approached by someone I knew slightly in the Uk who wanted to sell me a horse for less than it was worth as they also wanted me to send them one of my horses for breeding.

I got everything in writing (emails) and paid her the money she wanted and ensured the passport was sent off and changed ot my name but it has been sent to her address as I also had to arrange transport to bring the horse to me in france and then collect my horse and take it to her.

Meanwhile my horse in france had just started the reg processhere so I had to get its passport back - the process here can take up to 4 months and during this time is is difficult to sell a competition horse if it isn't registered with the french Haras as such.

The horse in the UK was due to be collected next week with another horse formsomeone else I had bought.. and last night the lady I bought it from emailed me to say that she was sending my money back as she had decided not to sell.

I am now really stuck as I now have to pay for a full transport load for only one horse, and my horse in france cannot be sold for months as she is not in the system. I also had a buyer lined up for the horse I had just bought... the passport is in my name still and the passport issuing society is looking into it asthey too were informed of the sale.

Question -is it legal in the UK to do this and leave somebody ot of pocket - and have I any rights if the passport is in my name? Does anyone know?
 
Afraid not really, passport is not proof of ownership, so unless you have a receipt (though you'd have had to buy him for that?) then he's still her horse and you can't force her to sell.

Depending what's in writing in the emails you may have a case with the small claims court for your transport costs but I'd imagine it's a long shot!
 
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So although I have the details in my bank account stating the money has gone to her and she has put it in writing that she received the money for the horse and also to the breed society saying she wanted my details in the passport because the horse had been sold... it still isn't mine in english law?

How does it work then? - doesn't her asking for the passport to be changed mean anything? what should I do in future - appart from avoiding buying anything form England if it's that dodgey a place!
 
You had a contract, but whether the costs of pursuing this legally are worth the eventual outcome is another matter.

Unfortnately some people are not honourable to deal with, and they get away with it because the legal system is costly and lengthy.
 
I take it you never saw the horse in the flesh or had it vetted? If not did it exist or where you just send photos/videos?
 
To me it sounds like the horse does legally belong to you. You transferred funds and the passport has been changed to your name. However to enter into a legal battleground on this could prove costly and lengthy and even if you get a ruling at the end of it there's no guarantee that you would end up with the horse in your control. I'd chalk it down to experience and forget it.
 
Interesting - you had a contract. You paid, she accepted the money. I think you have a pretty strong legal case as the contract was effectively concluded. However, as pointed out earlier, pursuing her legally might well be expensive, particularly as you are not in the UK. Passports in the UK - its not legal to travel without them, but they are not a sign of ownership..

I think you have 2 options at the moment. I is to find an equestrian lawyer in the UK, pay for advice and see how much this could cost you to pursue it legally. 2. Work out the extra costs you have incurred and ask the vendor for them. I would also ask the lawyer if it is worth pursuing in the small claims court which you can do yourself. The threat might be enough to see if the buyer pays you back some of the money you have lost.
 
You can ask HN to fast track your horse's passport if you need it urgently - ring them and ask. Under EU regs passports should be processed in 45 days.

If you are registering an imported horse, the pink slip given to you by your vet is a temporary replacement for your passport. You can transport a horse with this and also send a mare to stud. When my mares went to stud the stud owner was able to get a SIRE number over the phone while I waited for my passports to be processed.
 
The horses is legaly yours.
You have brought and paid for an item (ok in this instance a horse) but she has the money paid and accepted, sorry but you have every right to get the transporter to collect the horse.
The said horse is your legal property, as in effect the emails are comfirmation of purchase.
I would ring the police station local to said lady and explain you are snding a transporter to collect your horses on such a time and place, please could you have a police presence as you feel there could be trouble. They should be there to make sure everything goes without trouble but theye rae not thee to decide who the horse belongs to.
Email the seller and state you are still collecting your horse on such and such a date and if need be fly over and travel with the transporter.
 
golly - thanks for the advice everyone - I did know the horse she was actually the foal of a horse I bought this year. I also knew the breeder and owner and knew she was a bit daffy - but not a crook - but of course she had been a police womanfor 11 years so perhaps that makes her???...

I could turn up with the transporter but i would like to talk to an equine legal person first - has anyone got a contact please? I did try to cover everything when I bought the horse but it seems that unless you turn up on the day with cash and a lorry you cannot guarantee anything! -I suppose that if I turn up with my horse to swap then I am honoring my side of the bargain too!

and thanks for the advice about Haras Nationaux - I can try to get it pushed through but in the meantime I have to ride her and that's why I sold her because I can't give her the time.. and there's nobody around who can either... I have her Sire number just have to fill in the forms again to register her for competition again I suppose...
 
I think you need to seek legal advice, i think she needs to either send the horse or pay you for what you are out of pocket for.
 
Thanks again I've just been in touch with a solicitor on this site and they say I have a good case and are sending me the paperwork to complete! wooppee!
 
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