naughty behaviour seeking legal advice

TinkyMole123

TinkyMole123

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18 February 2019
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Hi guys any legal help would be appreciated.

Breif story bought horse off a dealer for an owner. Let horse settle in for couple of weeks as I always have before before asking to work properly. Asking horse to work or ride in field or hack out naughty/dangerous behaviour starts, rearing (vertical) napping, bucking, refusing to move, bucking on the spot, cant get on, really dangerous behaviour. I have been to the seller and old owner and asked for money back as not the horse I bought been mis sold. Everything checked back, saddle, teeth all check nothing wrong. ridden in plain cavesson and full cheek bit. have evidence horse has shown this behavious previously but person not happy to be involved. have sent letter describing the horse I have and referencing the advert, seller offered advice all of which ive tried before but stating i wont accept their help. both seller and previous owner refusing to have horse back.

As I bought a horse for top level competition, unfortunatley it is not going to do the job I want, even tho the seller described the horse as suit competitive amature or professional. Where do I stand legally? will i get my money back? do i need to sell horse myself?

Anyone with similar experiences or help or any legal help/solicitors is much appreciated

Thanks!!!
 
If you bought off a dealer then the horse has to be fit for purpose and honestly described. If a private sale then it just has to be honestly described. So yes, there should be a case for a refund if bought from a dealer, even if the friend does not want to give evidence of undesireable behaviour in the past.

I would say that the owner is the person who would need to take legal action.

You need a solicitor.

Even if you win at court, getting money off people is not as easy as you would think.

ETA - you speak of seller and owner. If the horse was owned by someone but another person showed the horse and did the deal it is more complicated at in essence it is still a private sale even if someone was employed to show the horse to you and do the deal.
 
Impossible to give legal advice on a forum without knowing how the horse has been kept and your level of experience. Contact a lawyer as a speedy resolution is in the horses best interests.
 
Out of interest, if they've offered help and you're rejecting it - why not let them help, ask one of them to come and ride the horse at yours? Be interesting to see what it does with them? You'd have nothing to lose. You also said you bought the horse for "top level" competition yet the horse was offered as for a "competitive amateur" which doesnt scream top level horse to me...
 
If the horse is bought from a dealer the Trades Descriptions Act applies. But from your post the red flag to me is the self description of "competitive amateur". What type of horse is "not fit" for that market. Competition horses are often challenging. They are not school masters. Amateurs often over estimate their ability and this basic fact - whether true or not of the OP - forms the "get out of jail (sometimes literally...) free" card.

If the seller is truly a dealer they will accept the horse back under the TDA (although they may also PTS immediately). But the description makes me wonder if this was an agent not a dealer? More complex legally - definitely need formal (insured) legal advice.

Re -reading - the behaviour screams pain. Have you had the bloods from the vetting tested?
 
Absolutely - and exactly what I said in the next line...

But the bottom question still remains - have you had the bloods from the vetting tested?
 
Shay said:
If the horse is bought from a dealer the Trades Descriptions Act applies. But from your post the red flag to me is the self description of "competitive amateur". What type of horse is "not fit" for that market.
Click to expand...

I seem to remember some competitive amateurs going round 4 star events, and even the Olympics. All amateur means is 'earns their money elsewhere.' I seem to remember a dentist and a vet. If the vet is equine then I guess that may not be amateur, but a human dentist would be.
 
Red-1 said:
I seem to remember some competitive amateurs going round 4 star events, and even the Olympics. All amateur means is 'earns their money elsewhere.' I seem to remember a dentist and a vet. If the vet is equine then I guess that may not be amateur, but a human dentist would be.
Click to expand...
Jane Holderness Roddam fits that bill. Won Badminton twice and Olympic team gold, whilst working as a nurse...
 
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