Legal beagles please!

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tigger01

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Advice please - had vet look at my new horse this afternoon who thinks he may have bone spavin. Only had the horse nearly 5 weeks and I'm ashamed to say didnt get him vetted which I know now was really stupid. How do I stand as the new owner as far as getting my money back is concerned? I love the horse and could through insurance have the problem investigated and the horse made more comfortable but feel as though I've been had. I know "buyer beware" and all that but it seems such a short space of time to discover this problem. I did receive a receipt which said "sold as seen" so I guess I probably dont have a leg to stand on. But advice always gratefully received.
 
If you bought it from a dealer or a dealer portraying themselves to be a private person then you are protected by consumer law.

Have you got a copy of the advert?

If it was a genuine private sale and they have not misrepresented the horse then you may have a problem.
 
You would probably not get anything from insurance as you have only had him 5 weeks it would be apparant very quickly on investigation that it was a pre existing condition and therefore would not be covered.
 
Your only redress would be if the seller was a dealer. If they are a private person then there is nothing.

Even if the person is a dealer you would have to establish that they knew about the bone spavin in advance, or should reasonably have known, and sold him to you knowing that he was not fit for the purpose intended. Their defence would be to simply say they didn't know and you would have to prove that either they did, or they reasonably should have.

Either way it is going to cost a fortune in legal fees - several thousand at least, probably several tens of thousands once you have the vets report, experts reports, counsel etc. Plus if you loose you will have to pay thier costs as well. This is going to be significantly in excess of what you paid for the horse. I suggest you treat the matter as a learning experience - it will be cheaper!
 
burge said:
You would probably not get anything from insurance as you have only had him 5 weeks it would be apparant very quickly on investigation that it was a pre existing condition and therefore would not be covered.
Click to expand...

My friend/client went through exactly this. No vetting, Had horse 4 weeks, I came out to give lesson (1st one) and said it's lame. Blatently had been since day one. Was lame on all 4 legs, bone spavins being one of the issues. Her insurance paid out no problems (NFU)

In terms of getting your money back, if it was a private seller "sold as seen" you have no chance.
 
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