Keen to hear you opinion on this situation

S

shadowboy

Well-Known Member
Joined
30 May 2006
Messages
4,754
Visit site
A close friend advertised her 13hh 5yo pony this July for £3000- he was super safe - totaly easy to ride, handle etc etc. Perfect- he restored my confidence last year after my serious riding injury- he was the first thing I sat on (then I starting riding a 16.3hh ex International SJ lol!!) anyway he is a dream to hack,clip,catch,bath, load etc etc.
A lady came to view 3 times - he was an angel each time and took him away to a nearby yard for a 2 week trial he was again an angel. She told owner she wanted to buy and would put him on working livery. So she had him 5 stage vetted which he passed no problem.
He was sold for £2600 (no tack) on the 11th Aug.
2 weeks ago she called friend saying friend had to take the pony back as he had just started napping, rearing and bucking. He had never done this beofre (i have known said pony for 18months and never seen him do anything naughty.)
She wants friend to take him back at a cost of £2000- friend is in two minds- she doesnt want him to end up in bad hands but bought another horse with the sale money so cant afford to pay this- she also doesnt want a pony that now has issues- She offered £600 for him. Buyers are threatening court action as they think she is liable to take him back as he's not the super safe pony they were told he was. What is the likelyhood they will be successful
 
id have thought they would not have a leg to stand on,
The horse was well behaved when ridden by the people who bought it, was well behaved until said "napping" and passed a 5 stage vetting which is only a legal document to assess the physical health status of the horse, not its personality....
its just a risk when you buy a horse that something may go wrong......

But I have to say I am not a proffesional, or a lawyer, in these matters..........
 
This was a private sale & does not have the recourse that a trade sale may have. They had the pony on trial & have now had the pony for almost 3 months after buying it? There is no way they can win a case....they don't have a case. If they seek any legal advise they will be told not to waste their money. Don't let your friend be blackmailed or bullied into having the pony back.
 
He passed a 5* vet, she tried him several times, she's had him for several months, I would say she doesn;t have a leg to stand on, she probably ruined him in that amount of time
frown.gif
 
I don't know the answer to your question, but could your friend offer to try to sell the pony for them? I know she's not obligated to, but if she could get it to operate again and found another suitable home, it might be a decent solution for everybody?
 
I think they would have a very weak case................you may find they are having financial issues and using the pony as an excuse!!!
I would think the court would see the seller has being very amicable, tried and tested, trial and full vetting......... to me that not someone hiding the truth

I am a true believer that owners contribute 80% to a horses behaviour so maybe the pony is p****d off with his 'working' livery arrangements.
 
I have no idea on the legal side of things but it sounds like the new owner has ruined him! poor pony, i forever let my heart rule my head so would want him out of there ASAP as he does not sound happy. As for legal side of things most legal firms offer free impartial advice over the phone i think, may be worth a call.
 
QR- The vetting is to say he is healthy, so has nothing to do with suitability. More to the point she had him on a trial and waited approx 8 weeks before contacting about the problem. She therefore has no re-dress on your friend.

The pony is only young. Sounds like the purchasers mangement/riding/tack has caused a problem or the pony doesnt understand what is being asked of him. Poor chap, doesnt sound like his fault just another case of the wrong home/person creating a problem
 
Personally I think new owner has a cheek! Its 3 months on and horses can be unreliable at times. There is no such thing as a bombproof horse/pony and they are being naive if they think there is.... Unfortunately I do not know how the courts would favour the situation. I would ask if the pony was being asked to do something unreasonable, or stressful. Who was riding him at the time of misbehaving, has his tack been changed i.e. new bit, noseband,saddle etc. It may be that his new rider isn't giving clear enough aids and he has had enough! Try posting again, and asking a solicitor what the chances are, there are a few on line here sometimes, good luck!
 
They don't have a leg to stand on. 11th August is a long time ago, and if the pony has only just started doing this, it is because of something they're doing. Many horses have suddenly got sharper because of the colder weather and less turnout time. He's a pony not a machine!

The only way they could legally force you to take the pony is if they proved you drugged the pony, which obviously you didn't!! Also if they had a 5 stage vetting the vet would have taken a blood sample for this reason.
 
I didnt think they would have a case but I think she was a little worried. Not sure whats happening to him at the moment though.... I think its the working livery arrangement i.e too many different riders for a young pony makes it difficult for them to learn the boundaries.
 
As others have said, I really don't think the new owner has a leg to stand on.
 
I had somthing simular happen to me, i sold a pony to a lady and gave her a month to return him if things did'nt work out. Three months later she phoned me to say that she could'nt keep him in, he kept jumping out of his field and that he had started biting people. I said that although it had been two months longer than we had agreed i would have him back for what she had paid, but no she wanted a lot more money back as she said that she had spent so much out on him, i declined to pay her more and i never heard from her again. I often wonder what happened to him.
 
I have had a similar experience

I sold a 15.3 TB gelding last yr sold for 1400. I had had him for a yr friends rode him etc he was a superstar...3 months after he was sold the new owners rang to say they had lost job so couldnt afford to keep him.Asked if i would have him back. I explained no money or space they said ok..Two days later had a threatening call from the husband if i didnt have him back he was going to beeston (emotional blackmail). I crumbled under the pressure and agreed to have him back and said i would give £500 quid which is what they would prob get at a sale when i managed to sell him on at this point i thought i had rcieved the same horse i had sold ... When i started to ride him he literally was a diff animal..rearing, napping, bucking just generally dangerous i worked on him for weeks and in the end decieded he would be best been sold as a companion. I managed to sell him as this for £300 and i have since heard he was sold at beeston un warrented sales in july. Im devestated...i am searching for him but no joy
frown.gif

The previous owners still demanded there £500 and wrote me threatening lettrs text messages etc and i ended up paying them to get rid of them they were treatening court action saying the horse was sold not as advertised...even though i had had a letter three weeks after the sale to say how happy they were with him.
i just wish i had never had him back in the first place now and i wouldnt have him on my mind all the time.
I did seek advise and been as though it was a private sale there would be no obligation to have him back...I have promised my self if this situation was to ever arise again in the future i would be strong and say NO i cant take the horse back and i would advise you to do the same... Who knows what issues your horse will come back with , i didnt think it was possible to ruin a horse in three months but i have since learnt it is
frown.gif
 
A similar thing happened this year to a friend, Sold a fell pony broken and ridden/hunted/shown and placed under saddle at county level to a lady who saw her twice and then had a 2 stage vetting (buyers choice). Sold without tack.
Got 2 emails saying what an angel she was then suddenly after about 10 weeks a demand for money back an pony to be returned.

Buyer said BHS instructor said pony was green (said that in advert - she was 5), said it was unschooled and could not canter, said it was bad in traffic.

Eventually my friend said she had contacted the BHS and taken legal advice and the lady could take her to court......
No further emails.

My friend was sad about the pony but couldnt take her back and had spent the money already
blush.gif

Pony recently advertised online as "good in traffic, novice ride, well schooled, good to do" for a little less than she paid.

Hoepfully she will find a good home.
I think people sometimes try it on. If the pony passed a vetting and was kept for a few months then I think the buyer doesnt have a leg to stand on.
The BHS legal people were really helpful.
 
cheeky tw@ts!!! as everyone else has said they don't have a leg to stand on. if it was me i would ring the BHS helpline and then write them a polite letter saying why they have no leg to stand on (pony tried 3x and trial given and 5 stage vetting) and that they should contact you via their solicitor if they wish to take it further. i;d also offer £500 for the pony, subject to a vetting- paid for by them. mercenary i realise but cheeky gits really bug me
mad.gif
 
Sorry to throw spanner in the works, but a friend of mine sold a pony to an experienced family/novice child.

Pony was fine with friends' kids who were gutsy and experienced, but started rearing with new family.

My friend offered to buy it back for the price she had sold it for - but new family wanted to 'make an example of her', or something!

So sued. Went through Small Claims Court.

Judge found in favour of buyer, told my friend she must buy the pony back - for same price - which she had offered in the first place!

So she did.

Pony back home being ridden by all the kids....no problem.


In 50 odd years, this is the first pony my friend has ever sold.... and she swears she'll never sell another!
 
Although the purchaser has far less rights under consumer law when buying privately rather than buying from a dealer if it goes to court it will depend on the Magistrate on that day and it could go either way.

Even though the pony was 100% when sold the magistrate can still ask the seller to refund the purchase costs, livery fees and pay costs. I have seen this happen before and it took about a year to two years to get to court. It caused the seller a lot of anguish, wasted time and money.
 
I wonder whether the new owners have considered the pony has maybe hurt itself and showing a pain response rather than naughty behaviour?
It doesn't seem to add up that he was so good before and now he isn't especially since they were obviously happy with his trial.
Like others, I would be worried where he will end up but not everyone can just take on an extra one at short notice.
Poor pony, I hope the new owners think of him!
 
Has anyone thought to check the tack that the pony is in? Napping, bucking, rearing - sounds like a badly fitting saddle to me... Especially if ponio was an angel beforehand
 
You must log in or register to reply here.
Top