need help please from anybody asap!!!

Cluck said:
Very helpful article. So this is basically saying that the OP does have comeback if the seller is a professional dealer.
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yes, but to class as a dealer there would have had to be 3 horses sold in the last 12 months or financial year, I'm not sure which. If that is the case then the purchaser will have some form of protection and avenue for recompense
 
If there was an advert that you responded to keep a copy of it.
If you are a BHS Gold member you can get free legal advice alternatively contacty a specialist Equine Solicitor who will be able to advise you what action you need to take.
If the seller was a dealer then you do have a better chance of sending the horse back and/or getting your money back.
However speak to an equine solicitor as a matter of priority.
 
Legally you MUST declare a vice when selling a horse so I would send him a letter and ask a solicitor to help you out.
Good luck and for what it is worth I would send him back too, there are plenty of vice free horses for sale
 
minime said:
Legally you MUST declare a vice when selling a horse so I would send him a letter and ask a solicitor to help you out.
Good luck and for what it is worth I would send him back too, there are plenty of vice free horses for sale
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I also believe this is the case. Legally you must declare a vice when advertising a horse for sale. Unfortunately this was not yet the case when I bought my horse. He is also a windsucker, but there was no evidence of this when I viewed him several times before buying him. He's one of those ones that's worse when being fed. Although I was annoyed at the time he has turned out to be my horse of a life time, so don't be too discouraged, he can still be your horse of a life time too!
 
Is everyone here talking about crib-biting rather than windsucking? Why would windsucking be damaging any fittings or fencing?
 
Bethie said:
Is everyone here talking about crib-biting rather than windsucking? Why would windsucking be damaging any fittings or fencing?
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I wondered this.

I guess the horse does both?

I bought a horse in Feb and was told he was vice free (exact words). I saw him several times, saw his stable and he never exhibited any vice signs. Got him home and he started cribbing. spoke to old owners who swore he'd never done it before. . .

He's a stress head and has now calmed down and only cribs very occasionally when he feels he's being ignored or if he's tied on the yard and wants to go in his stable for a wee (yes, that's about the only time he fusses!!).

Perhaps the move and the change has unsettled the horse who is now windsucking / cribbing more?
 
Bethie said:
Is everyone here talking about crib-biting rather than windsucking? Why would windsucking be damaging any fittings or fencing?
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Whether it's legal or not for the seller to make the buyer aware of a particular vice, proving it could be expensive and difficult! If the seller says the horse didn't windsuck at their place then it would be tricky to prove that they are telling lies. With a windsucker you generally don't get the teeth problems that you can with a cribber so even a vet may not be able to say whether the horse has just started this vice since in the ownership of OP or whether it's been doing it for some time.
 
You sound really nice op but I'm sorry you rode the horse 3 times and never noticed him windsucking? I take it you tacked him up in the stable etc? No vetting and sold as seen. Sorry but if I was you I would except what I had brought and make the most off him.
 
From the other perspective, I sold a horse that had never cribbed or windsucked in her life. Once or twice I had seen her running her teeth up and down the stable door but never cribbing.

The new owners contacted me 3months later to ask if I would have her back (full refund) because she had started cribbing. I politely declined!!

So it could concievably be a new vice caused by the horse not settling into new home?
 
The old owner could be telling the truth.

New owner and new home can be very stressful.

I don't think you can return the horse as toy didn't specifically ask and a vetting may have shown signs if this behavior.

You signed to say sold as seen.

Is it really terrible thing, it can be managed.
 
thatsmygirl said:
You sound really nice op but I'm sorry you rode the horse 3 times and never noticed him windsucking? I take it you tacked him up in the stable etc? No vetting and sold as seen. Sorry but if I was you I would except what I had brought and make the most off him.
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NO HE WAS not STABLED , HE WAS OUT ON GRASS 24/7 NO WOOD POSTS JUST THEM POLY POSTS (THE PLASTIC ONES XX
 
he has been sent back. turns out that a few ppl who were on the same livery yard HAD seen him do it. and that is why he was on 24hr turn out (because the yard owner didnt want any stables damaged) and he was in a poly posted paddock not a wood posted paddock. didnt get him vetted no, the seller seemed so genuine and was not a dealer ect (not saying dealers are dishonest i know of some that are lovely)
anyway. ppl were telling me about the problem and said the old owner knew about it and i actually found a video on facebook of the owner videoing him doing it on the stable door and laughing saying he was hungry! so i rang her and asked her to take him back.
it may sound harsh but vices like that i cant handle, he was a lovely sort, and my friend has actually got him on loan with view to buy now. but it was a vice i just cant handle

she repaid all of my money minus the deposit (which i dont mind to much ) and he is in a nice home. me i have one on loan too and yes got asked if she had vices xxx thank you everyone for your help and sorry it has taken me so long to get back to you all xxxx
 
I don't see why you should have lost your deposit, I would not be happy with that at all. You returned the horse because the vice was not declared why should you loose money.
Just to add I had a extreme cribber, I was told at point if sale I didn't mind and would not put me off another if the horse was right in every other aspect. But I have been on the receiving end of problems that go with a criber. She ruined countless doors and fences, I had people moaning they did not want there horses copying mine ( I don't know how much evidence there is that they do copy) but not one horse picked the habit up. Also when I went to a college they made me put the full grill on her stable so she couldn't crib on anything.
She did not stay there to long, I tried all sorts of collars and potions that never worked. It can be stressful having a horse that cribs so I can fully understand why someone would not want that hassle.

About the not noticing the horse cribbed when viewed, I viewed my horse that cribbed a number of times, no evidence of it she was tied up in stable ready for me to go in groom etc and when untied did not crib when you were in stable. It was only honesty from seller that I knew about it
 
JAGER BOMB :) said:
someone told me today that the old owner (or seller) now has to declare that a horse windsucks?? is this true or is this only if the buyer has asked if the horse does it?
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I would say that you would only have come back if 'sold as vice free'. I know what the person who advised to you is getting at, because 'wind sucking' is a declarable vice, so the horse could not be sold as vice free.

Just read your update. Why can't sellers just be honest. Happy ending alround.
 
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CRIBBING/ WINDSUCKING sorry just so mad.... biting on the stable, fencing ripping it to bits, sucking the air while doing so, cause alot of damage and problems as the yard owner was not happy. yes he was a wonderful horse but for me that is a problem/ personal preference. if i had known about the problem i maybe wouldnt have bought him in the first place. but im happy he has gone to a good home where i can see him all the time

thanks everyone for ur help and advise xxx
 
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