Legal advice please

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Mollysmum

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Hi. Posting on behalf of a friend who recently purchased a horse which she since discovered has PSSM 1. On viewing the horse ( I was present) this condition was already known to the vendor but she failed to disclose this information at any time during the viewing and subsequent purchase, or indeed on the advert. This was despite being asked if the horse had any medical issues we should be aware of. The horse was not vetted and this would not have shown up on a vetting anyway. We feel that this horse has been missold, and obviously needs careful management re diet and exercise. If this had been disclosed the purchaser would not have gone on to buy the horse. We have asked to send the horse back (it was a private sale) and have money refunded, but she states she has spent it! Any advice would be appreciated.
 
Call BHS legal line.
Do you have hard evidence the seller knew PSSM1?
In your shoes, taking the situation at face value as you have posted, then I would want to return the horse for a full refund too.

I’d send a solicitors letter first, advising that if the refund is arranged and horse returned within ‘X’ amount of time then I will not persue additional costs. Failure to refund will be small claims initiation and livery, transport and all other costs incurred will be added on to the claim

BUT, that is only with solid proof the vendor knew PSSM1
 
If it was not an expensive horse maybe small claims court stating horse not fit for purpose. Can you absolutely prove you asked re medical issues and that she knew but concealed the information? You would need some proof of prior knowledge. Why on earth would she take the sellers word about medical issues rather than getting a vetting?
 
ihatework said:
Call BHS legal line.
Do you have hard evidence the seller knew PSSM1?
In your shoes, taking the situation at face value as you have posted, then I would want to return the horse for a full refund too.

I’d send a solicitors letter first, advising that if the refund is arranged and horse returned within ‘X’ amount of time then I will not persue additional costs. Failure to refund will be small claims initiation and livery, transport and all other costs incurred will be added on to the claim

BUT, that is only with solid proof the vendor knew PSSM1
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Yes regarding PSSM1 The owner prior to the vendor got in touch and sent screenshots of conversations they had together about his PSSM. She was fully aware of this prior to selling him to my friend. As this horse requires specific diet and exercise I think she was both morally wrong and uncaring.
 
misst said:
If it was not an expensive horse maybe small claims court stating horse not fit for purpose. Can you absolutely prove you asked re medical issues and that she knew but concealed the information? You would need some proof of prior knowledge. Why on earth would she take the sellers word about medical issues rather than getting a vetting?
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The vendor was fully aware of his PSSM but neglected to disclose this information to the purchaser. We have screenshots of the conversations between her and the previous vendor.
 
misst said:
If it was not an expensive horse maybe small claims court stating horse not fit for purpose. Can you absolutely prove you asked re medical issues and that she knew but concealed the information? You would need some proof of prior knowledge. Why on earth would she take the sellers word about medical issues rather than getting a vetting?
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Fit for purpose doesn’t apply to a private sale, only ‘as described’
 
I think its all going to be down to one persons word against another. Even with the screen shots of texts to prove the seller knew, there is no proof that she didnt verbally pass that information on to the buyer sadly. Although you could argue to save her own skin had she mentioned it to any buyers and they had been happy enough to proceed with the sale that it would absolutely have been noted on any receipt.
 
misst said:
If it was not an expensive horse maybe small claims court stating horse not fit for purpose. Can you absolutely prove you asked re medical issues and that she knew but concealed the information? You would need some proof of prior knowledge. Why on earth would she take the sellers word about medical issues rather than getting a vetting?
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A 5 stage vetting might well show up other issues the buyer would have been as well to be aware of, but PSSM 1 requires a genetic test, and unless the animal is obviously exhibiting some of the associated symptoms at the time, symptoms which the vet could not attribute to anything else.....basically that vet might suspect, but certainly couldn’t diagnose PSSM 1 without a definitive positive test.
It is already in the horse’s make-up, typically becoming pronounced as the horse matures, and a young horse is not necessarily going to show anything at all for a vetting - unfortunately.
Very lucky this purchaser has the phone message transcripts from an earlier owner!
 
poiuytrewq said:
I think its all going to be down to one persons word against another. Even with the screen shots of texts to prove the seller knew, there is no proof that she didnt verbally pass that information on to the buyer sadly. Although you could argue to save her own skin had she mentioned it to any buyers and they had been happy enough to proceed with the sale that it would absolutely have been noted on any receipt.
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Yes, some people would be ok buying a PSSM 1 horse for the ‘right’ money (altho £5000 sounds far too much, and I think that’s a typical insurance threshold beyond which a vetting is required? Alarm bells.....)
But certainly expect to see it on the bill of sale if the vendor had advised this horse was +ve.
A ‘sold as seen’ type wording suggests concealment.
 
I would try small claims. It's not expensive and the seller may well decide to be reasonable once they get the letter from the courts. I agree that it's really down to one persons word against another (has your friend got a formal diagnosis from a vet as proof the horse does indeed have the condition?). That doesn't mean a judge won't side with your friend though.
 
misst said:
If it was not an expensive horse maybe small claims court stating horse not fit for purpose. Can you absolutely prove you asked re medical issues and that she knew but concealed the information? You would need some proof of prior knowledge. Why on earth would she take the sellers word about medical issues rather than getting a vetting?
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Its always best to ask if sellers vet would release the horses veterinary records to potential buyers vet. Not foolproof as they could be using several vets but may be of help. To be honest this is a difficult one, you need hard evidence that the seller knew of the problem. As suggested above you could send a solicitors letter and see what they say. Good luck Im sorry your friend finds herself in this situation, its never nice.
 
onemoretime said:
Its always best to ask if sellers vet would release the horses veterinary records to potential buyers vet. Not foolproof as they could be using several vets but may be of help. To be honest this is a difficult one, you need hard evidence that the seller knew of the problem. As suggested above you could send a solicitors letter and see what they say. Good luck Im sorry your friend finds herself in this situation, its never nice.
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Also reliant on them having had them a decent amount of time, if dx was done by previous owners it might well not have been on current vet’s records even if vendor had had the horse a good while
 
I think unless you have written proof you asked about medical issues and the seller denied it, you are probably on a hiding to nothing.
Worth a shot with a small claims court but don't expect it to be successful.
 
We had to change vet when Chiltern closed so I doubt new vet has the Appy's pssm status on her records. Not everyone discloses to vet or insurance either.

Has your friend got enough evidence to show she asked about medical issues?
 
meleeka said:
I would try small claims. It's not expensive and the seller may well decide to be reasonable once they get the letter from the courts. I agree that it's really down to one persons word against another (has your friend got a formal diagnosis from a vet as proof the horse does indeed have the condition?). That doesn't mean a judge won't side with your friend though.
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Yes. We have evidence from vets
 
Mollysmum said:
No. Going on previous test results from previous vets
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So the previous vet had sufficient suspicion to send the sample for genetic testing?
Clarifying, because that vet would have also scanned the horse’s microchip and x referenced with passport barcode - if that wasn’t 100% certain, your friend would be as well to re confirm the PSSM 1 test before taking any legal action.
By the bye, this horse probably is a fairly pronounced and high maintenance case, it often takes vets a long time and umpteen other tests to rule out other possible causes before focusing on PSSM. Hope she gets things resolved.
 
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