I need a legal eagle - or some advice from those in the know

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Paperclip

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I need a legal eagle
Hello,

I need some legal advice regarding a horse sold.

I will be speaking to a solicitor in the morning, but I'd like to maybe put my mind to rest so I can get some sleep tonight.

I'm not a BHS member so can't use their helpline.

Thanks in advance.
 
If you have legal cover on your house insurance or even car insurance you may be able to get some help from them.

I see you've not been on the forum long. If you aren't aware of who's advice is worth taking and who is talking out of their backsides be very cautious. I'd wait to talk to a specialist in the morning if I were you.
 
Thanks for your reply Jemima, I'm a current long-standing member just under a different name for obvious reasons.

Definitely getting advice in the morning but just wanted some reassurance before I go to bed.
 
OK - in that case you probably know what to expect then:D

Hope you can get whatever it is sorted soon and with little hassle.
 
Thank you.

Very basic details.

Sold a horse a week ago. Horse has done something never done before and put new owner in hospital. I've been completely and utterly honest about the horse. Buyer tried her twice, had a professional come and try her, liked her, ridden in 2 different places, saw her being tacked up on both occasions, saw her in the stable.

Now they want me to take her back and give refund. It was a private sale, the horse was not vetted. I've had the horse 2 years and given her the complete history, even fro before I had her. I had a text from buyer saying horse settling in fine and hacking out during the week they've had her, now they are saying she's been naughty and dangerous in stable.

Sold to someone within RC, buyer knows the horses farrier and spoken to them got glowing report. The horse is well known in the area. Ringing solicitor at 9. Will take horse back if it doesn't mean we are aditting any sort of liability, but don't want a personal injury claim knocking on my door 6months down the line.
 
The stuff of nightmares!

It's good that you're prepared to take the horse back and I really hope you can get sorted to avoid a PI claim down the line.

Having put in PI claims following serious road accidents my only advice would be to get statements asap as to the horse's behaviour with you and especially from those people who have heard from the buyer how good the horse was for them.
 
Paperclip said:
Thank you.

Very basic details.

Sold a horse a week ago. Horse has done something never done before and put new owner in hospital. I've been completely and utterly honest about the horse. Buyer tried her twice, had a professional come and try her, liked her, ridden in 2 different places, saw her being tacked up on both occasions, saw her in the stable.

Now they want me to take her back and give refund. It was a private sale, the horse was not vetted. I've had the horse 2 years and given her the complete history, even fro before I had her. I had a text from buyer saying horse settling in fine and hacking out during the week they've had her, now they are saying she's been naughty and dangerous in stable.

Sold to someone within RC, buyer knows the horses farrier and spoken to them got glowing report. The horse is well known in the area. Ringing solicitor at 9. Will take horse back if it doesn't mean we are aditting any sort of liability, but don't want a personal injury claim knocking on my door 6months down the line.
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not much to say, other than good on your for being willing to take the horse back. you're very lucky you're in the position where you're able to. sadly this scenario is written about on here relatively regularly, and usually the person isn't able to take the horse back. so, it's lovely to hear you'll take her back.

i hope your solicitor is helpful, and it all gets sorted asap. xxx
 
I was involved in a court battle regarding a horse I sold. Basically, sold a good, nice, honest horse, for genuine reason, for whatever reason he changed behaviour with new owner and she took me to court for him not being as described.

Battle went on for months and I was heart broken, offered to have the horse back, but she wouldn't let me...

To cut I long story short - I WON the case outright as I had so much evidence, but it was a very upsetting time and then she had him destroyed!!

If you want any further details, help etc. please pm me!
 
As a legal eagle I don't think you should worry too much. It is outside my area so I don't want to advise properly but if you are a private seller the basic position is buyer beware. As long as you haven't mis-represented the horse in anyway the buyer will be in difficulty establishing any sort of legal liability against you.

My advice is to collect together copies of any correspondence, adverts, receipts, texts emails etc and seek proper qualified legal advice. Do not place much weight on what you read on a forum, there are far too many barrack room lawyers on the internet.

You will probably have legal cover on your horse insurance or home insurance or with any union membership you may have or membership of BHS/BE/BS/BD/WHW etc even the likes of breakdown cover sometimes provides legal expenses insurance. Check your policies and give them a call, if not look for a local law centre, or failing that CAB.

If you decide to take the horse back then just make sure that you prepare a written receipt documenting the buy back and put on it that it is without admission of any liability.

I suspect that if you take the horse back the buyer will be happy and you will hear no more.
 
Thanks for replies, waiting to hear back from solicitor.

If the horse has seriously gone over backwards we'll have it shot. The knackerman will collect from their yard, so think that will be the best option.
 
Paperclip said:
Thanks for replies, waiting to hear back from solicitor.

If the horse has seriously gone over backwards we'll have it shot. The knackerman will collect from their yard, so think that will be the best option.
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Good luck.

When I brought my old boy he put me out of action for 4 months within a week. The old owners were mortified and tried to take him back and refund but I wouldn't. Its still the only time I have come off of him in over 15 years.

Some people/ horses just don't get on. It also take a while for horses to settle and get used to their new enviroments.

From what you have said I doubt that you will have shoot her.

Good luck with the rest of it. I am sorry that its all gone wrong.
 
I would find out exactly what they were doing when horse went over, and have they changed anything like feed/tack. The actions of the rider may have caused this. My horse put me in a plaster cast. But thats because despite not having proper control and knowing he was strong I took him in a huge field and he bolted. My fault entirely.
 
Sorry to jump on this post! I am on the receiving end of something similar... a very long story but basically a horse which I bought with a glowing report has behaved really badly with me...its getting worse and dangerous - i've stopped riding but it's the same in hand. The seller is denying all knowledge that it has behaved like this before and is refusing to take it back - but I am genuinely too frightened to ride it now (and I have never been a nervous rider!) I don't seem to have any other choice than to try and take them to court. The seller is denying being a dealer but is selling several horses a year and taking part ex's so surely this proves otherwise? I have witnesses who can back-up how the horse was described at the start - and it really doesn't fit with how he's behaving now!

Trying to avoid any 'he's' or 'she's' in this post so hope it makes sense!! Just wondered if anyone might know where I stand?!

Thank you :)
 
Good luck Paperclip - I think you will be fine as you have been totally honest with buyer and they have had glowing reports from everyone. I suspect there is just a mismatch between horse and rider - after all they have only had him a short while.

Varietymix I think you need to re read what you have written- basically you are saying when you got the horse he was Ok, and since you have had him his behaviour is getting worse and worse. In my mind that calls into question something you may be doing with him. You have glowing reports from someone, did you get him vetted, did you try him out thoroughly? have you changed his routine, his diet, his tack. Was he blood tested. How long between buying and the problems? No one can really advise you unless you can give more details about specifics.
 
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