Selling advice needed!!!

[Htxx2]

I brought a lovely mare 12 moths ago that had just been broken my son was riding her on loan 1st we loved her so much we brought her…. We have brought her on. She loads well she’s bombproof on the roads she’s always been such a good girl. Ridden by my son 12, she’s been ridden by a 9yr old and a 10 yr old. Anyway I sold her as my son loves to jump and she can pop a small cross but she’s never gonna be a jumper!
anyway I sold her to a guy that runs a livery for somone he knows. He said she’s 7 she can walk trot and starting canter and popping small jumps. I took the pony over to him to try her (as we don’t have a school) the little girl was not there he didn’t even get on her he got his groom to ride her. She was well behaved. He offered me an offer I agreed, and he transferred me £500 deposit…. Owner was in Spain then transferred the rest. Without even viewing her. (Parents to little girl are not horsey at all so don’t understand.
In hindsight I wish I’d have insisted the girl try her, but as she was on full livery and parents were not horsey at all I thought she would be having the support. I text him a receipt saying date of deposit made for Pony and described the horse I also stated she was tried by …….. (his name) on behalf of a client. Sold as seen. To which he text me back telling me not to be so serious he likes the pony I won’t get any trouble from him “ he knows what’s buyers can be like”
he sent me a pic few days ago of little girl on her, she did look small to be honest. Cob is a chunky 13.3. He said they love her… she fell off the other day but got bk on. I asked how she fell off and he said pony just ran off. I commented that she’d never done that before. He said she got straight back on then she was perfect.
yesterday, I got a message saying she’s a bit much, she barging when he tried to put the hose on her (Iv never used a hose as we don’t have connected water so I always sponged her off and chucked a bucket over her back in summer) she was always good with that, so she may not like the hose but I wouldn’t have known that.
He said pony is running off with child and putting her head down and girl comes off. He said he’s not happy and isn’t satisfied with pony. I have sent him videos of pony at in hand shows trotting with my son in hand ( which is won hands down) behaved impeccably. go pro videos on the roads of her being nothing but a saint. My son schooling walk trot and canter on her in an open feild.
he saying shes even a bugger to catch.
I do not have the money to refund him and have the pony back.
I feel sick with worry. Am I liable? He thinks I am as pony is not fit for purpose, but she was when she was with me. Iv never met the little girl that was his judgment call. I think the pony sounds unsettled… she may not be loving livery life… she lived out with us and had a stable door open so she could come and go as she pleases.
but I could never have foreseen her being unhappy and having these issues. God I’m so worried now. Will he have legal rights against me? Pony was sold for £4,500 I also can’t sleep feel bad for the pony… what can I do? Iv offered to help him sell her on or help settle her as a good will gesture but told him I can’t have pony back as I don’t have the funds now.
I actually feel like giving up horses altogether now. The stress of it!!
any advice anyone???

 

[shortstuff99]

As a private seller you are only liable to pay a refund if he can prove you lied about the pony.

 

[Htxx2]

As a private seller you are only liable to pay a refund if he can prove you lied about the pony.

But he says hes got videos of her barging and running off with little girl. But Iv got 100’s of videos of her being ridden by kids. Yes bit older than 7 but still kids. (That was his call he said she would be suitable when his groom rode her)
I did say she would be suitable for a family and a child that’s coming out of riding school. She was in my opinion. I didn’t lie but I also didn’t foresee pony being this unhappy.

 

[shortstuff99]

But he says hes got videos of her barging and running off with little girl. But Iv got 100’s of videos of her being ridden by kids. Yes bit older than 7 but still kids. (That was his call he said she would be suitable when his groom rode her)
I did say she would be suitable for a family and a child that’s coming out of riding school. She was in my opinion. I didn’t lie but I also didn’t foresee pony being this unhappy.

That doesn't matter, what he would need would be you saying it never happened with you and them him finding a video of the pony running off with you.

As you haven't misrepresented the pony he has no come back.

 

[Trouper]

No I don't think you are liable - but I am not legally qualified so this is just my opinion. If you have BHS membership I would consult their legal team.

If you have the room for the pony, I would offer to take her back to settle and re-sell her and then you will recompense the guy when she has been sold. However, I would be stressing in writing that this does not imply liability for mis-selling on my part.

 

[Htxx2]

No I don't think you are liable - but I am not legally qualified so this is just my opinion. If you have BHS membership I would consult their legal team.

If you have the room for the pony, I would offer to take her back to settle and re-sell her and then you will recompense the guy when she has been sold. However, I would be stressing in writing that this does not imply liability for mis-selling on my part.

Yes I’m happy to do this, Iv told him as a good will gesture if he’s really unhappy I will either help sell her on or help settle her. But then I did state he’s only had her 5 days and I think it’s to soon to write her off just yet.

 

[eahotson]

Crikey five days!

 

[Htxx2]

Crikey five days!

Yes just 5 days…. Now Iv seen little girl she is little cob is a big boned chunky 13.3 in my opinion little girl would be better suited to a 12-12.2 ish he advertised looking for 13-14hh ?‍ He’s meant to be a professional!! He said he’s been in horses 17yrs and pony that is suitable for 1st pony shouldn’t be doing this. But I was shocked at his narrow mindedness 5 days is not long for a pony to settle…. Plus he overhorsed that girl, he’s now saying he might put a stronger bit in her mouth as the girl is so small… why buy a big chunky cob for a small child ?‍ Why didn’t he advertise for a little 12hh

 

[Antw23uk]

Oh for gods sake, just stop being in contact with him! You have sold this pony in good faith and correctly.

Tell him you are confident the pony will settle and that he is to ensure she has good turnout and no hard feed (common sense but you never know!) and that when he tried and bought the pony she was foot perfect and as described, then stop contact. If a letter comes through your door then take action but give it no more thought!

Five days is nothing and he, if he is a decent equestrian, should absolutely know better!

 

[Xmasha]

Im probably going to sound a bit harsh here, but youve only yourself to blame. Youve sold a pony to someone without seeing the actual rider . Knowing that its a first ridden thats required and that the childs parents arent horsey I think thats wrong.

Poor pony and poor child. If you havent the funds now, find them, refund and get the pony back.

 

[Ratface]

Caveat emptor. Buyer beware.
Have you checked out the current owner? If you haven't the money and no wish to have the pony back, please contact BHS legal team.

 

[Htxx2]

In hindsight I should have insisted that the child try the Pony but he’s the professional not me and in my opinion she would’ve been suitable as a first written but I did not know that the child was so small he is now calling the child small he should’ve known that he knew the child not me. I’ve learnt a lesson from this and I will do what I can to help but in no way am I going to be out of pocket when he didn’t do his job properly.

 

[mini_b]

Knowing that its a first ridden thats required and that the childs parents arent horsey I think thats wrong.

from what I’ve gathered the parent is some sort of “professional”

Professional what I do not know.

 

[Xmasha]

from what I’ve gathered the parent is some sort of “professional”

Professional what I do not know.

thats the problem, OP states the parents are non horsey, it was a chap at the livery yard that was the supposed pro who was doing the deal on their behalf. He sounds like a total plum to me.

 

[mini_b]

thats the problem, OP states the parents are non horsey, it was a chap at the livery yard that was the supposed pro who was doing the deal on their behalf. He sounds like a total plum to me.

Ahhhh sorry missed that bit.
Yes quite, sounds like a right knacker.

 

[Annagain]

A friend was in a similar situation - sold her kids pony, he was fab but not a 1st pony. She advertised him very honestly, and buyers tried him twice. A week after buying him they said he'd bucked the daughter off twice and threatening her with small claims court without even asking her to work on a solution. This was so out of character for him she knew something was very wrong. She did a 6 hour round trip that evening to pick him up, getting home at 1am. When she picked him up he was a shaking mess, he was absolutely terrified. He could be tricky to load but he ran onto the trailer with her. She actually stopped a mile down the road to check he was the same pony and she hadn't been subjected to some sort of scam. She withheld the deposit which barely covered her expenses to pick him up, let alone extra livery costs. Buyer was threatening small claims court to get that back too so she told him she'd see him in court. She never heard from him again. Within 7 hours of getting back home he was back to his normal self even though he got turned out back into his old herd at 1am. Whatever they did to him was enough to change his personality completely but luckily no lasting damage was done. He sold a couple of months later to wonderful family who still have him - he's now on the third child and is an amazing show jumper representing Wales on the pony international teams with the two older kids - the third is less keen on that at the moment (but still very young) and he's still great for hacking around and generally being a giant puppy.

Legally, from what you have said, he has no comeback so if that's what you're worried about tell him you'll see him in court.

However, for the pony's sake I'd find a way to take it back - whether that's a commitment in writing to refund the money when the pony sells again (if she's as good as you say it shouldn't take long) or by finding the money. Make it very clear you are doing this for the good of the pony not because you believe you are liable. For this very reason, I'd always hold on to the money from selling a horse for at least a month before spending it.

 

[Fransurrey]

There seems to be an epidemic of idiots buying ponies for kids and expecting a mechanical ride outside a supermarket. Similar happened to someone I know, except the horsey mother had bought the pony. Tried to return before 48 hours was up, because pony was 'misbehaving'. She'd just moved home for the first time in years FFS! Turned out they'd let the child (who was 2 years old) handle an unsettled pony and were horrified that didn't work out. Honestly, I need to start padding my desk from all the head banging.

 

[PeterNatt]

He sounds like an amazing pony.
Unfortunately these days you have to be very careful about selling a pony or horse as theer are so many people about that just have no concept or understanding of how a pony can change in character when they are moved. I always allow 2 years to get tuned in to a new horse.
May advice would be to get the poiny back to you as soon as possible and take photographs and write down any details of how he has changed physically and also in behaviour so that you have a record.
Then advertsie and sell him again with a well written advert so that you have something to refer to. Make sure the buyer rides him and has him vetted so that there is no doubt about him.

 

[Pearlsacarolsinger]

I can't begin to imagine why you sold your pony to this idiot without seeing the child it was for but I don't believe you are legally liable in anyway to refund the money. However i also think that you were unwise to spend the money within 5 days, I was thinking 'dodgy' as I read OP.
Morally Ithink you should agree to take the pony back home and resell 'on owner's behalf', which would mean that they get the selling price after the pony is sold. I would be more careful nest time you sell a pony!

 

[Winters100]

t sounds to me very probable that the pony is reacting to a change in circumstances, may well be standing in a box for a big part of the day and very possibly getting too much hard food.

Since it is not easy for you to take the pony back I would stand firm, tell him that you would be willing to help as a gesture of goodwill, but only if it is on the understanding that this is simply a favor, if he wants to keep asking you to take the pony back then I would just cut all communication. If they want help, and are willing to behave reasonably, then I would give advice to the buyers regarding the routine, amount of turnout, food etc, and if it is feasible offer to visit to see what is going on.

It baffles me that people try horses, like them, and then proceed to turn their lives upside down but still expect their behavior to be the same. Then when the behavior is different they do not simply change the routine, but blame the seller and say that the horse was mis-sold. How could you possibly expect a horse used to 24/7 turnout in a pack to behave the same if you take it to stand in a box 23 hours a day?

I also wonder if the person who saw the pony maybe sold it on at a profit, and is now being asked to take it back.

By now I guess you have realised that, as a seller, it is good to figure out the suitability of the rider and the environment that it will be kept in. For next time keep this in mind as it can avoid no end of headaches.

Let us know how you get on.

 

[Regandal]

can't begin to imagine why you sold your pony to this idiot without seeing the child it was for

Why? Buyer had someone to ride the pony and deemed it suitable.

 

[Pearlsacarolsinger]

Why? Buyer had someone to ride the pony and deemed it suitable.

Because it has come back to bite her! She never actually met the person who was paying for this pony, merely an agent. Who was the contract actually with?

 

[Polos Mum]

OP could you offer to take the pony back and resell for them - so give them back the money when the pony is sold again

I think there is a big difference in being responsible for the pony being "as described" and being "fit for purpose". It's not for you (or any seller) to decide whether any animal is fit for purpose.

Legal advice aside (I'm not a lawyer). The pony is in the wrong home and needs to be in a more suitable home. You are best placed to facilitate that knowing his history and being able to get the best out of him. I would work with the current owners to leave cash flow to one side and sort the home

 

[Jellymoon]

I think as it’s only been 5 days you should give the chap his money back and get the pony.

 

[Htxx2]

Why? Buyer had someone to ride the pony and deemed it suitable.

From what I know buyers brought daughter a pony but they don’t know horses….. so are being guided by livery owner… as they will be on full livery with him.
he got his groom to walk trot canter her on loose rein and flap a bit on her,…. Which she did and she was perfect…. Infact the groom loved her kept saying she loved her as she was so cute.
I didn’t realise how small child is…. Yes I should have recommended she try her but I thought he knows the child…. I regret the whole thing now.

 

[Htxx2]

I think as it’s only been 5 days you should give the chap his money back and get the pony.

I don’t have the money… this is the problem, i had mounting debts I needed to clear (being a hairdresser through covid has took it’s toll)
I did not foresee a problem.
anyway he has sent a video today of girl riding and pony was good. However she does look a bit small for her ?‍

 

[Htxx2]

I can't begin to imagine why you sold your pony to this idiot without seeing the child it was for but I don't believe you are legally liable in anyway to refund the money. However i also think that you were unwise to spend the money within 5 days, I was thinking 'dodgy' as I read OP.
Morally Ithink you should agree to take the pony back home and resell 'on owner's behalf', which would mean that they get the selling price after the pony is sold. I would be more careful nest time you sell a pony!

Well I had mounting debts that I was glad to clear ( being a hairdresser through covid wasn’t easy and has put me in debt)

 

[Htxx2]

Well I had mounting debts that I was glad to clear ( being a hairdresser through covid wasn’t easy and has put me in debt)

I didn’t foresee a problem so why should I have…. I’m not a dealer!

 

[horsimous]

If he’s so knowledgeable, why can’t the livery owner sell on himself. He even has someone who can school the pony on?

 

[Htxx2]

If he’s so knowledgeable, why can’t the livery owner sell on himself. He even has someone who can school the pony on?

Yes I know….. now I don’t mean to sound like I’m stereotyping but he’s a youngish lad with a big livery yard and brags about his £700 riding boots!!
he seemed ok but I noticed he like everything done for him like groom said “do u want to try pony” he said “no that’s what your for”
He seem like he’s only had the best of the best “spoilt brat” type…. Iv also heard a few people round my area saying he’s not trustworthy…. However that’s just hearsay ?‍ I was just shocked he didn’t know better…. Why advertise for a 13-14hh pony for a small child….?? He said to me “Iv been around horses 17 yrs and I know this pony isn’t right!!” So after 17 yrs why are you not more understanding or patient with a pony who’s clearly confused and insecure.