Mis sold a horse

ChelseaGostomska

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I have been mis sold a horse on the basis his behavior towards humans is now aggressive and dangerous. I have asked for her to take him back and she wont.

long story short, she has never registered herself as an owner of this horse since she has owned him for the pat 5 months. is this something I could challenge her on and hope she may take him back as ive seen its illegal not to register within 30 days....
 

DabDab

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Short answer - get bhs gold membership and call their legal line

Long answer - if you're saying that she didn't register the passport in her name, then no, this is not a piece of information you can use as leverage to get the seller to take the horse back
 

meleeka

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Was it a private sale? Presumably you tried the horse before you bought it? How long have you had it?
I’m afraid you haven’t given enough info for anyone to advise.
 

Goldenstar

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This horse has been on another thread .
OP the first thing you need to do is have the bloods from the vetting tested .
You need to have them tested for anti inflammatories and sedation .
If it was private sale and the bloods are ok you will batting on a stiff wicket to return the horse .
And no the horses passport won’t help you.
 

ossy

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Have the results from the bloods taken at vetting come back yet? Has he been scoped for ulsers yet or started any treatment for them even if done as a test? Was this a private seller or a dealer? Any advice going forward regarding mis selling would be dependent on the above questions.
 

Shay

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You bought a not quite off the track TB who had never raced, but not been re trained. You opted for a stage 2 only and have not yet had to bloods tested. The horse was known for aggressive behaviour. And it was a private sale.

Yes technically the failure to transfer ownership in the passport was an offense against the never enforced UK equine passport laws. Your better angle of attack might be that the seller is in fact a dealer not a private individual. But that will take a long and expensive civil law battle.

If you are really determined this horse is un-saveable then - I am sorry - you are going to have to PTS and argue the very expensive toss later.

I'm really sorry OP - but I am struggling to find a rookie mistake you didn't make. Don't let the horse pay for your inexperience. If you can't handle him then PTS.
 

bonny

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You bought a not quite off the track TB who had never raced, but not been re trained. You opted for a stage 2 only and have not yet had to bloods tested. The horse was known for aggressive behaviour. And it was a private sale.

Yes technically the failure to transfer ownership in the passport was an offense against the never enforced UK equine passport laws. Your better angle of attack might be that the seller is in fact a dealer not a private individual. But that will take a long and expensive civil law battle.

If you are really determined this horse is un-saveable then - I am sorry - you are going to have to PTS and argue the very expensive toss later.

I'm really sorry OP - but I am struggling to find a rookie mistake you didn't make. Don't let the horse pay for your inexperience. If you can't handle him then PTS.
That’s crazy, you don’t know the horse or the owner, who frankly sounds pretty inexperienced. Who buys a horse and then decides a week later he is too grumpy for her and now you suggest she finds a solution by killing the horse. A lot of tbs are sensitive, mine hates being groomed or fussed over and would never be clipped unless heavily sedated. To me it just sounds like the horse and owner are not a good match, doesn’t mean he couldn’t be fine in a more understanding Home.
 

be positive

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You bought a not quite off the track TB who had never raced, but not been re trained. You opted for a stage 2 only and have not yet had to bloods tested. The horse was known for aggressive behaviour. And it was a private sale.

Yes technically the failure to transfer ownership in the passport was an offense against the never enforced UK equine passport laws. Your better angle of attack might be that the seller is in fact a dealer not a private individual. But that will take a long and expensive civil law battle.

If you are really determined this horse is un-saveable then - I am sorry - you are going to have to PTS and argue the very expensive toss later.

I'm really sorry OP - but I am struggling to find a rookie mistake you didn't make. Don't let the horse pay for your inexperience. If you can't handle him then PTS.

I think this covers it well, OP you need to accept you now own this horse and take responsibility for it.
 

JDH01

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Really sorry but I have to agree with Shay, this may just be a very sad and expensive lesson, having said that we all do get it wrong sometimes OP.
You bought a not quite off the track TB who had never raced, but not been re trained. You opted for a stage 2 only and have not yet had to bloods tested. The horse was known for aggressive behaviour. And it was a private sale.

Yes technically the failure to transfer ownership in the passport was an offense against the never enforced UK equine passport laws. Your better angle of attack might be that the seller is in fact a dealer not a private individual. But that will take a long and expensive civil law battle.

If you are really determined this horse is un-saveable then - I am sorry - you are going to have to PTS and argue the very expensive toss later.

I'm really sorry OP - but I am struggling to find a rookie mistake you didn't make. Don't let the horse pay for your inexperience. If you can't handle him then PTS.
 

ChelseaGostomska

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I wasn’t asking for your opinions, in fact I am not inexperienced and have now just been given my 8th OTTB to retrain, I was just trying to find out where I stood legally and if there was a case at all, however I can see there is not. The horse was incredibly dangerous and having contacted every single person who’d had him including his groom at his racing yard they all confirmed he was certainly not ‘wired right’

Keep your nasty comments to yourself . It’s so true what they say about people in the equine world....
 

Shay

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Odd to revive a thread now 5 months old - it must have taken some finding!

What did you do with him in the end?
 

ChelseaGostomska

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I have just posted another thread and I saw the comments from this and thought they were a bit ott and not relevant to my post. I had the horse PTS after bloods and vet examination. Please do not comment on people’s equine experience and knowledge when you do not know them, I don’t think that’s fair and it was not what the initial thread was asking
 

Goldenstar

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I wasn’t asking for your opinions, in fact I am not inexperienced and have now just been given my 8th OTTB to retrain, I was just trying to find out where I stood legally and if there was a case at all, however I can see there is not. The horse was incredibly dangerous and having contacted every single person who’d had him including his groom at his racing yard they all confirmed he was certainly not ‘wired right’

Keep your nasty comments to yourself . It’s so true what they say about people in the equine world....

If you don’t want people’s honest opinions don’t post it’s really simple .
 

ChelseaGostomska

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You didn't like the comments, and yet you took the advice?

Not entirely sure what you mean by this? I haven’t read this thread since I posted it until today... so no I didn’t take the advice, I’m very open to read opinions however there seems to be so many horrid comments. There is a nice way to express opinions... I am actually pretty embarrassed at the way people speak to each other on here
 

ChelseaGostomska

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If you don’t want people’s honest opinions don’t post it’s really simple .



I didn’t ask for people’s opinions ? I asked for advice ? Advice about where I stand not opinions on my experience ? Maybe read the question before you respond with a thoughtless reply
 

JFTDWS

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People's advice is - by definition - their opinion on what you have done and should try next. That does tend to encompass whether you are out of your depth for your experience level, and whether you should cut your losses. Seriously, if you don't like it, don't post. You can't control how people respond to you.
 

ChelseaGostomska

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I have been mis sold a horse on the basis his behavior towards humans is now aggressive and dangerous. I have asked for her to take him back and she wont.

long story short, she has never registered herself as an owner of this horse since she has owned him for the pat 5 months. is this something I could challenge her on and hope she may take him back as ive seen its illegal not to register within 30 days....


Opinions and advice on the above.... not rude and nasty opinions on my experience that no one on this post knows.... I have never bought a horse as I have always been given ex racers to retrain... so I did not know where I stood in this certain situation.

It’s a shame that everyone seems so quick to point out how inexperienced others are compared to themselves ....because apparently everyone else is an expert!
 

MagicMelon

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Ill ignore the bitchiness. OP, out of interest and you dont have to say if you dont want to, but Im interested to know what the bloods showed that you then PTS? What was ultimately wrong with the poor horse?
 
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Shay

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The thing with the horse world is that everyone has an opinion!

The great thing about this forum is that everyone has an opinion!

You post only what you want others to see / know about you. You ask advice. You get it. And probably a few other bits as well. As with any other horse flavoured advice - think about it. Consider if it applies or if you can learn from it. And discard it. Don't constantly accuse people of being nasty. They might have a view you don't agree with - although in this case you followed it. But that doesn't mean they are being nasty. Forums are really not the place to post if you want unconditional ego stroking.

You can take it two ways. Learn - that doesn't mean folk are right, only that there are other ways of looking at things and the written word is imprecise - or gripe.
 

FizzyBum

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Unfortunately for you, if the sale was a private one it'll be very hard to sue - private sales fall under the doctrine of "Caveat Emptor" or buyer beware. Sales from dealers however, are judged by "fitness for purpose". I.e. if you bought the horse as a riding horse and he can be safely ridden, then he is likely to be seen as fit for purpose.

Did you have a contract of sale? If so, did it make provision / have clauses to which the previous owner signed to agree that the horse was of a good nature and had no physical or behavioural issues? If so, this will make the suing process slightly (but not much) easier.

I went through this myself and thankfully I stuck by my once dangerous gelding. I couldn't even touch him with a brush, he was a chronic rearer, boxed out on the ground, charged, barged, you name it...with the exception of biting, he did it.

He was just in a lot of physical pain with arthritis, SIJ issues, collapsed hind feet, EGUS and had been used, abused, passed around and unloved for most of his little life and so was untrusting and petrified of everything. 2 years, a lot of hard work, heartache and vets/physio/farrier bills later, he is the sweetest, kindest natured nutcase I've ever had the pleasure of being blessed with. I hope you stick by him and give him a chance.

By the way I got my TB 2 stage vetted and not blood tested and looking back, I now realise that he was buted and dehydrated every time i went to see him...it happens to the best of us and we live and learn a?
 
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