Pony sold but not collected, who owns her me or them????

N

Nicbar

New User
Joined
15 September 2012
Messages
5
Visit site
Hi, wondered if anyone could advise??

We sold our pony last week, I think! They have had her vetted, I have had a cheque payment, that has now cleared and have given them a receipt, which both myself and they have signed (I have a copy too). They tried to pick her up yesterday but she doesn't travel well and decided to fall about in the trailer, scrapping about with her hind legs etc, (they were aware that this is what she does as I had explained it on the phone to them before they even came to view her!). Anyway, we had to leave the collection as the transport company decided that they didn't want to risk taking her (annoyed with them aswell as they refused to move the partition over even after several conversations about her 'issues' but thats another story!), the 'new owners' are arranging for someone with experience in this type of thing to come and collect her next week. They are going to take out the partition and try her that way. Couple of questions:

1. Do they now own her? (She is still at my yard)
2. If (god forbid) something happens to her whilst they are pulling out of the yard, injury or worse, who is liable for this, them or me?
3. If she will not travel, do I reimburse them the payment for her?

Any feedbck would be gratefully received, I am so confused!

Thanks in advance.x
 
they own the pony as they have paid you and you have issued them with a receipt . if however the pony wont load you should refund them . if they load the pony and something happens on the way to their place you arnt liable after it leaves your yard.
 
That is what I though but I am worried. She does load, without so much of a flicker but as soon as the trailer moves she trashes about, all to do with her lack of balance I think. I am worried because she could potentially injure herself before they even get her out of our gates! Obviously I do not want her to hurt herself or worse, so not sure I am happy for them to try and move her. They are about 40 miles away so its not going to be a 10 minutes journey???????
 
thanks but I have spoken to the 'new owners' and they don't want her sedated. The lady that owns my private yard is the head nurse at my vets and she advised not to sedate her either. This is heartbreaking, it was bad enough having to sell her in the first place, now this. It is such a shame because she is the loveliest mare you could ever meet! Still concerned about the injury issues though :-( x
 
Could you arrange with them to do some travelling practice around your place before she leaves? Maybe take a bit more time and do a few short journeys around just round the block for a day or two. I did this with my mare, just drove her around the fields for 10 mins at a time until she settled down before undertaking any more challenging journeys.

You could perhaps come to an arrangement over livery costs or something and work together to get her 'travel proof' over a couple of weeks, then when she's ready, move her to their place.

It always seems to work better to take things like this slowly and build their confidence rather than rush it and create a difficult problem for the future.
 
That is something I have thought about, although I do not own my own trailer and they don't either but I may have this conversation with them and see if we can work things out. Many thanks.x
 
have you tried her in the trailer without a partition ? some horses prefer travelling like this. or what about a really huge lorry? maybe she would feel better if it wasnt a trailer at all.
 
No we haven't yet but that is what we are planning to try during the week when they try again. The transport company refused to take out the partition for some reason, even after I explained that that is how she travelled to my yard when we got her, well I say they took the partition out, they just swung the back across and tied it so she had more room for her back end. Many thanks.x
 
Not having a partition should help enormously.
if the first bit of movement is on private land you can stand in the front of the trailer and ask her to move over (practice in the stable using a long whip to touch her side until she shifts on command). We did this with our connie pony who had the same problem and never looked back. He also liked to be tied really loosely - would have been frowned on at Pony Club.:rolleyes:
 
They own her, i would inform them that you except no responsibility for any injuries or illness while she is still with you. They know about her loading issues and have still bought her so why would you have her back?
Hope it all goes well next week.
 
You must log in or register to reply here.
Top