Legal advice please

J

JS65

Well-Known Member
Joined
14 November 2007
Messages
395
Visit site

I sold a horse which i advertised as quirky, explaining she wasn't a novice ride, was very fast and hated pressure on her mouth, so on and so forth.

After turning down a fair few people that i thought weren't suitable, a lady came and said she was what she was looking for and rode her well. She came twice as i wanted to make sure it was a good partnershipand on the second time said horse went cantering off with her. She said she was something she could work with, and loved her to bits and wanted to buy her.
She bought her and now 6 weeks on she is hassling me that the horse is too much for her and demands i buy her back. She is also getting other people to ring me saying the horse is doing things she never did with me, but i'm not in a financial postion to buy her back.
Can i be forced to take the horse back?
She sounds like a different horse ! she certainly wasn't doing the things she says when i sold her!
I'm not a dealer, what rights do i have?
Thanks
 
In all honesty, it depends how adament she is! I work at Solicitors and one of my mates got in a similar situation. She sold a lead rein pony that was great for a first pony. Within weeks the new owner was making all sorts of threats because it had been playing up, etc... I can 110% say it wasn't like that at time of sale. A very tactfully worded letter from our Solicitors advising the lady about slander and harassment, and saying my friend would take her to Court, soon put her in her place and she backed off.

My opinion, on any sale, sold as seen! She should have tried it out more, AND admit the horse was too much from the start!! If you were honest and upfront, I wouldn't worry to much. Although, it may be wise to contact citizens advice.

good luck, I hope things get sorted for you xx
grin.gif
 
Caveat buyer beware, the horse was sold sight as seen and as this is a private sale you have no legal obligation whatsoever to take back remiburse etc.
frown.gif
 
I don't think she has much case because you are not a dealer and she has waited 6 weeks. Caveat emptor should apply. She also had time to inspect the horse and seems not to have relied on your skill and expertise. However there are no guarantees with the law, especially first instance cases and small claims which can produce some odd results depending on the judge. Crucially though the horse seems to meet the description you supplied her with, and any proof you can provide for this will stand you in good stead, such as the wording of the advert. eg "not novice ride".

I would be tempted to say go ahead and sue me then and the judge can decide, unless you particularly want to buy back the horse. It certainly doesn't sound as if you have done anything wrong.

I think its awful how people are so quick to blame someone else when something goes wrong or she realises she has bitten off more than she can chew. Why did she buy a horse thus described rather than something more ploddy? I bought a horse 4 weeks ago described as a bucker, but no, he rears instead. But I'm still working on him because it often takes time and I wanted that sort of challenge. And the price reflected his behaviour.
 
As above, you didn't lie about the horse so I can't see she has a leg to stand on. There are few buyer's rights with a private sale.
 
A friend had a very similar situation which the purchasers actually took her to the small claims court which they lost. You disclosed all of the horses issues (in your knowledge), she tried the horse twice, and after 6wks she is really taking the mick.
She is out of order gettng people to phone you, ring the CAB and get some advice.
Try not to worry, you are in the right.
 
The BHS legal helpline will be able to give specific advice, but I would say as the others do above. This is a private sale, providing you have been honest and not disguised any issues the buyer will have no recourse.

It is the same as buying anything second hand from a classified advert. If you buy a car from an ad in the back of the paper and drive it around but 6 weeks later it has a flat tyre you can't get the seller to take it back.
 
As a private seller, as long as you did not make any claims that the buyer would rely upon, or give warranties, that would influence the sale, such as, does not rear, buck etc, and you described this horse honestly, then it is Caveat emptor.

The BHS is excellent for legal advice, if you are a member, give them a ring.

If not a member, it is well worth joining!!
grin.gif
grin.gif
 
Caveat emptor does apply, but what about a compromise for the sake of the horse, who sounds utterly miserable? Would she accept you taking the horse back and selling on again to a better home, with cost of keep taken out?
 
Negotiation is always a good idea in these circumstances, but, if it was a genuine sale in the first place, the seller is in no way obligated to take back the horse and re sell.

I do feel for the horse though.
 
thanks for all the replies,

If i could buy her back i would, but then if that was the case i would have never sold her in the first place.

I am now ignoring her calls and any other number that i don't recognise.

Any communication will now be through solicitors .

Will let you know the outcome x
 
Well the police are involved now, i had a very threatening phone call off a chap i don't know, saying he knows where i live and he will smash my gates through to put the horse back on my property and that he knows i have big dogs that had better not get in his way.
I now have a solicitor and the police involved.

Hell will freeze over before i will compromise now, threatening my dogs just blew it for them, so sorry for the horse though.
 
God how awful! Although admittedly, this sort of behaviour doesn't surprise me!! Some people hey!! I hope it all gets sorted soon, I hope they get what they deserve and I hope you have a quieter life xx
grin.gif
 
You must log in or register to reply here.
Top