Horse sales dispute. Any thoughts/guidance welcome………

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PatriciaO

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Lightbulb Horse sales dispute. Any help/views most welcome.
ANY HELP WELCOME:
I was asked to sell a horse on behalf of a friend who had cancer. I was also given a 6 week option to buy the horse myself at an agreed price but to agree to proactively market the horse for sale in the interim in case I could not raise the funds. I agreed to this. Shortly after the horse arrived, another friend asked to buy the horse for her adult daughter. The daughter tried the horse and they agreed to buy him, subject to vet. They knew the horse was being sold for the other friend and was not owned by me. The horse was a 5 yo and a real nice sports horse type and was bought for a professional rider (the daughter). During the vetting, the horse bucked me off and knocked me out. I was hospitalized. The buyers were notified the same day by people who were with me during the incident and also the vet. The buyers asked the vet to return to complete the vetting and said they still wished to buy the horse, if he passed the final vetting assessment, which he did. The buyer was waiting for funds to come from abroad in order to complete the purchase but it was agreed the horse could be taken pending payment. The horse was with the buyer for 8 days before payment was made. During that time they rode him in an arena, out hacking and had a lesson on him with a trainer. After the horse had been with the buyer for just short of three weeks (and after they had repeatedly praised him in a range of scenarios), the buyer telephoned to say the horse had bucked the daughter off and as such they were demanding a full refund and return of the horse. The funds had gone to the seller of the horse at the point of receipt. Neither the buyer or the seller will speak with each other and both are demanding that I take responsibility for the matters. The seller will not refund or take the horse back and the buyer will not budge on demanding the return and refund plus an additional £1,500 in costs to keep the horse (even though he has been in field at their own premises). As far as my status is concerned, I would not class myself as a dealer although I do buy one or two horses generally as 3 year olds and produce them until they are 5 through the age classes before I then sell them. One or two a year (maximum). My primary income is not from horses as I have a job as a teacher. Apart from seeking legal advice (which I am in the process of doing), I would be welcome any objective views on my scenario. Apart from feeling somewhat let down by two so called friends, I am at a loss as to where this is likely to end up or what to do.
 
They bought the horse, had it vetted and it was disclosed that it had bucked at the vetting? I'd tell them to jog on, they had every opportunity to back out of the purchase and you haven't missold the horse.
 
meleeka said:
They bought the horse, had it vetted and it was disclosed that it had bucked at the vetting? I'd tell them to jog on, they had every opportunity to back out of the purchase and you haven't missold the horse.
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This!! They were more than aware of the horses ability to buck a rider off before they purchased it. I would contact the vet that attended the first vetting where you were bucked off and ask him to write a statement that he made the new owner aware of what happened at this vetting and then tell them to jog on!
 
I would quickly take legal advice - do you have legal cover on your household insurance?

Points to answer/consider: how many horses do you sell a year, could you be legally classified as a dealer
Were you paid for selling the horse?
the buyers were informed you had been bucked off this horse - is this in writing?

IF you had simply done an ill friend a favour, and you have written proof this was the case then I would be tempted to give each other the contact details of the other party and walk away. I would, however do this after I have had proper legal advice to ensure I am in no way culpable.
 
Did the sale proceeds go you or direct to the owner?
I think if to the owner then they cannot return under the 30day trader rules. This is because I know of a similar scenario with a friend who bought a horse this way and her solicitor said it was tough. However I don't know the full facts.
I do know, however, a very good equine solicitor who deals with these type of cases if you're in need of legal advice.
 
If everything you say is true there is no case to answer - the horses propensity to buck was known... tell seller to 'go away' and don't worry about it it's not your problem - foto court if you have to they won't win
 
What hassle, and hassle you don't need. Can't see they have a leg to stand on, trying it on so tell them to ****** off. As others have said get vet to write a letter saying they were made aware off bucking problem prior to buying. Oh the joys off selling.
 
Thank you. that is a really good idea regarding the vet actually. I will do that. I didn't instruct the vet, they did but I guess if it goes to court, I can ask for a statement from the vet??
 
Thank you. It sounds stupid, but just hearing this makes me feel more "normal" again! You end up doubting everything and thinking how can I be held accountable for all this.
 
I would love to have the details of the solicitor? I think an Equine one rather than just a solicitor will be essential. The funds went to the owner. Thank you.
 
I have BHS membership, so will go via that and see what legal cover I can get if any. If not, yes good idea to check the house insurance. I hadn't thought of the latter. As regards numbers sold. It varies between 0 and 2 a year. I buy unbroken 3 yo's and then do age classes and tend to sell then as 5 go's. I was paid £300 for selling the horse (sale price £6495). I wasn't paid livery at a livery rate but we agreed that I would get the feed/hay/bedding costs etc back which were paid and the cost of a dentist and fuel at cost to collect the horse in the first place. When I posted the advert it said that i was selling on behalf of my friend due to illness (copy of advert has been retained). Thank you for your input. Much appreciated.
 
As you received money for professional services arising from the sale I would have very real concerns that you would be classed as a dealer. A dealer is defined in law for this purpose as "someone selling in the course of a business". It doesn't have to be your main or only business. This is something you do and something you regularly make money on.

You need to get good legal advice ASAP. BHS Gold is a good start - but in the longer term you might need the services of a specialist equine lawyer. These disputes can get very messy - and very expensive - very quickly.
 
I'd refer the buyer to their insurance company and tell them to fight against the seller that way. If you have handled the situation appropriately I wouldn't be contacting vets etc as that just involves you more (but I would take pre-emptive legal advice should the situation spiral) The more you get entangled the harder it will be to extract yourself

I am presuming (maybe wrongly) here that you were sensible and didn't deal with the actual transaction beyond being there for viewings and that the buyer paid the seller direct and the seller produced a receipt then later reimbursed you your expenses in the form of the £300. If the money landed in your account first or you wrote the receipt I think it will be much more messy. There is a big difference between overseeing a viewing for a sick friend who was unable to attend in person and being actively involved in a sale

Also what was written on the receipt? The wording of that could help (or hinder) the situation
 
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Get straight to a solicitor . By taking the 300 pounds you have provided a professional service and it has gone wrong. Sorry its going to turn messy very quickly as the buyer may indeed have a case particularly in view of how the consumer laws changed. If they choose to they can come after you and the seller most likely both. I must admit something doesnt sound quite right about the whole thing!
 
popsdosh said:
Get straight to a solicitor . By taking the 300 pounds you have provided a professional service and it has gone wrong. Sorry its going to turn messy very quickly as the buyer may indeed have a case particularly in view of how the consumer laws changed. If they choose to they can come after you and the seller most likely both. I must admit something doesnt sound quite right about the whole thing!
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I agree if the horse was mis-sold but it doesn't sound like it was.
 
Not sure where you stand with regard to payment but someone I know went to court over something very similar and as the purchasers were aware that the horse may have had an issue before they bought it the case was dropped. As they were aware the horse had a tendency to buck I'd say you have a strong case.
 
Hi, Thanks for the inputs. Really helpful. Someone on here has given me a solicitors details and I have also messaged BHS who use an equine law firm where you get an initial 30 minutes assessment for free. So coming here as made things clearer already. Hopefully, it will sort itself out sensibly but if not I guess I will have to let the legal path take its route. It puts you off ever wanting to be helpful to anyone again though as far a favours for friends go. Harsh lesson. x
 
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