Lack of honesty in for sale description...

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Lottyhorse

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Hi All

I haven't introduced myself properly before which is rather rude. So here goes, I'm 34 and I've been riding a CB (!) x TB at the weekends since Christmas, we school and hack mainly. She's a sweet mare on the ground, has very good manners, on board she can spook, but generally is compliant and seems to enjoy the light work I keep her in (she's hardly ever ridden by her owner during the week). I've learnt lots from her and have been complimented on how better she goes now, and seems more confident in herself. She was bought for the teenage owner 6 years ago, having got some BSJA points with previous owner. I strongly suspect she was jumped into the ground, and started to resent the pressure, so became a bit difficult and the teenager lost confidence and interest. All this I learnt after taking up the ride.

But anyway, she is for sale, I have been asked if I'd like to buy her but declined for a number of reasons. Mainly because I don't have the cash, she isn't a relibale hack (having spent much of her early life stabled 24/7 (!) and only ridden in the school), the price they want is silly in my view, and I believe she will only suit low level schooling and popping a small jump now and again (ie what I currently do with her).

Her advert concerns me on several counts; she's advertised as 12 years old when the EDT said she was between 13 and 17. Suitable for PC/RC; not in my view mainly due to long term soundness and workload capability. 100% box, shoe, clip and traffic. Fine on the first 3 counts, certainly not on the 4th. They're asking £3750. About the only bit I do agree with is that she's 16hh and a mare! The owner is selling as she needs the money, fair enough, but I think it's clouding their view.

This isn't sour grapes as my ride may disappear, I knew that could happen from the outset. Is there anything I should/could do? I have dropped hints to the owner and her family that she's a lovely mare but only suitable for light work really, and any advertising should reflect that in as positive a way as possible. Anyone worth their salt will realise her shortcomings hopefully prior to purchase (I doubt she'd pass a 5* vetting) but the less experienced could fall for her good looks and amiability on the ground, but end up with an unsuitable horse that might easily breakdown, or dump them unceremoniously.

Tea and biscuits if you got this far....any thoughts advice appreciated.
 
Oh dear, I think you're between a rock and a hard place. If they've got cash-blinkers on then anything you say that will 'tarnish the goods' is probably going to rub them up the wrong way very quickly. I'm not sure that you can do anything since she technically isn't yours, aside from trying to make them think about her long-term health and future. But again, if they've got their eye on the money then the suffering of an animal that isn't immediately before them isn't going to stop them too much. In your case I guess you could try being utterly blunt with them, and risk a total falling out, or you can hope that they get enough knowledgeable people to view her who all say the same thing (too much for light-work horse) or just keep dropping hints and perhaps putting other ads in front of them that more accurately reflect your loan horse and pointing out their price.

ETS: If they've put 'suitable PC/RC' then I'd think most people would want 5* vetting carried out which should flag it up for a good number of them straight off. Perhaps that's something to hope for?
 
IMHO people nearly always lie, or at best are very economical with the truth when selling horses.
I would expect that a prospective buyer will know that.
I don't think there is anything that you can or should do, unless you want to become a right sourpuss in the eyes of the vendor.

Hope you find yourself something nice to buy/ride soon.
 
If she is blatantly NOT what is stated in the advert then any purchaser will be within their rights to return her for their money back.

I would keep well out of this situation if I were you, just in case.
 
Thanks Chillidragon. Yep I'm hoping that anyone wanting to spend that amount of money (not a huge amount to some, I know) would want a 5* and the issues would be brought to the fore. I will certainly drop more hints, these people seem to be very thick skinned though!
 
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If she is blatantly NOT what is stated in the advert then any purchaser will be within their rights to return her for their money back.

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That is one of my fears Spaniel. That and her being passed from pillar to post.

I will be blunt with the owner this weekend, but I won't get embroiled in the situation.
 
Ummmm... I'm not sure about this if it's a private sale. My understanding of the legal side of it is that in a private sale, it is 'buyer beware' and that it is up to the buyer to ensure that the horse is everything it is described to be, whereas trade is covered by the Goods Act and the 'goods' must be 'fit for purpose' (I hate talking about horses like that) and fit their description; if they don't you can pretty swiftly take it back with the full legal backing if necessary. In a private sale, however, a disappointed buyer is likely to struggle to get their money back and for that price, I'd think they'd end up spending more on solicitor's fees than the whole thing would be worth.
 
Hmm difficult one. Could you comment to them on having seen an article (a little white lie there) about vendors who were chased through the courts, had to pay court fees, refund money etc etc etc because they falsely described their horse? That might make them think hmm better not blatently lie.

I'm not sure on the sale of goods with private sales as someone else said, but I always thought if something knowingly falsely described then the seller is in the wrong in the eyes of the law. Are the owners savvy enough to realise their lies/mistakes/stretches of truth will be found out at vettings?

TBH if she is overpriced, especially the way the market is at the moment she is simply not likely to sell, so they'll have to reduce her or hang on to her.

I know others say rock and hard place etc and this is only my opinion, but if I were you, you are going to lose the ride anyway (I understand you're not bitter or upset by the way!) I would say something to them about what would happen if she was bought for the wrong purpose - because what have you got to lose? If you put it across in a helpful manner, or make it positive "i.e. she'd sell in a flash if she was advertised as a hack/light schooling" they are a lot less likely to take offence.

Hope it all works out int he best interests of the mare.
 
[ QUOTE ]
Hmm difficult one. Could you comment to them on having seen an article (a little white lie there) about vendors who were chased through the courts, had to pay court fees, refund money etc etc etc because they falsely described their horse? That might make them think hmm better not blatently lie. [ QUOTE ]


They would brick themsleves at that thought!


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Are the owners savvy enough to realise their lies/mistakes/stretches of truth will be found out at vettings? [ QUOTE ]


I think the potential money clouds the reality of the situation.


[ QUOTE ]
I know others say rock and hard place etc and this is only my opinion, but if I were you, you are going to lose the ride anyway (I understand you're not bitter or upset by the way!) I would say something to them about what would happen if she was bought for the wrong purpose - because what have you got to lose? If you put it across in a helpful manner, or make it positive "i.e. she'd sell in a flash if she was advertised as a hack/light schooling" they are a lot less likely to take offence.[ QUOTE ]


You read my mind....!

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Thanks guys you have backed up my gut feel on all this.
 
Hi, This is really hard, and with private I am sure that it is buyer beware.
I sold a horse - completely honest about it's good and bad faults - yet the people who bought it (without vetting) tried to return it and sue me!
very messy very stressful, cost me in legal fees but they dropped their case pretty quickly as they didn't have a leg to stand on.
the horse at the time was only young, extremely quiet and my beginner other half rode him everywhere, so did kids - advertised solely to hack - he was just not suitable for riding club/schooling (although sound long story). I have seen an advert for him recently for sale (I sold him 2 years ago) - the seller claiming they have taken him out of racing (lie), they have schooled him on (lie), that he would make a good dressage horse (HUGE lie), and definatley not a novice ride. It's really sad the horse buying /selling world!
What has someone done to make him not a novice ride now?

I have no idea, dread to think.

For your mare in question, I agree with the others, you hacve to keep out of it, but I assume you will ride the mare to show people. Just be honest with anything potential people ask you.

Good luck
 
Hi Raya, thanks for your reply, sorry to hear about your experience
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I am happy to show the horse to prospective buyers, as I think Naturally said, a line about "she would sell in a flash as a cheaper priced hack/schooler" might mean they inadvertently approach the sale more with the mare's interests at heart.
 
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