Please help FeuFolet she is STUMPED on this one ....

The horse was for sale for £25, we bartered and gave him our horse in part ex (£18) and £2k cash.

As I said before we would have had it vetted had he not had one done a month before (we have spoken to the vet who confirmed this) The thing is the joint seems to have been medicated (have no idea how you would prove this)

I would love £20k spare too, the £2 has gone on Credit. We bought the £18k horse for £3k as a 3.5 year old two years ago – so it is a lot of hard work that is going down the drain (mostly not mine, may I add – I just ran around after it!)
 
Do you have ANY evidence that the joint is medicated and will your own vet enter into what could, potentially, be a legal battlefield against the dealer or the original vet?

For the sake of goodwill and reputation I do hope your dealer will see sense and allow you to cancel the arrangement. Its true he may be totally innocent but someone somewhere down the line has caused this so he needs to take this up with whoever he purchased/acted as agent from.
 
Thanks Rambo that is great. He is a registered dealer, yes. This is a complete minefield, you must think we are slightly mad (I am starting to think we are completely crazy…)
 
Firstly you must always get a horse vetted for the intended use.

You should always pay be Credit Card (as this gives you added protection) or by cheque made payable to the dealer. Never ever pay cash.

Luckily you bought the horse from a dealer so you can take action against him by contacting the Fair Standard Trading Officer who will take up the matter.

(A person is considered an equine dealer if they sell more than 6 horses in a year)

You should also contact a solicitor who will be only to pleased to write a letter to the dealer stating that you are rejecting the goods under current consumer law.

Get a letter from your vet as this will help the Fair Standard Trading Officer and also your solicitor.

Next time you know what to do.
 
you would then be getting into problems contractually as you did not have contract with the vet that vetted it, despite possible long term problems existing at the time. It would be up to dealer to query it with vet if he had it vetted, and hence he would have to claim.

You cannot make a claim to anyone that you dont have a contract with, so you would have to claim on your dealer and he claim on his vet and so on.

However, in practice its not quite as easy as that...
 
As Katherine has said, it matters not at all whether the horse was vetted by you or not. The fact is it is not fit for purpose and the law is on your side and not that of the dealer. Get the letter sent out as soon as possible, and get your solicitor to look up some similar cases that you can show to the dealer.

This also stands up if a dealer advertises a horse as "definite HOYS 2006" - if the horse does not qualify wtihin 6 months of your having purchased it, in theory you should be able to return the horse for a full refund. Generally though, if sold as "suitable for riding club" and it either goes lame, is too naughty etc, then you should not have any problems getting a refund.
 
fairly certain with the backing of case law and a letter of claim from a solicitor ( a letter of claim basically sets down your case) you will achieve resolution on this one. it is wrong to say there is nothing you can do. Were this a private sale it is indeed caveat emptor but not where you deal with someone who sells horses for a living
 
Nope Happy horse this is another!

I know - you would have thought we would have learnt by now - this, however, is business whereas the LOU horse was pleasure (and sold on at a loss to a wonderful home)
 
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