Selling via a second party

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oldie48

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If someone, who would be classified as a dealer, sells a horse on behalf of someone else, taking sales livery or a % of the sales price as commission, who does the horse go back to if the horse is returned as unsuitable for any reason?
 
Horses can't be returned as unsuitable unless they were sold as 'suitable' for something really, can they? If a dealer offers any kind of return guarantee then I'd expect horse to go back to them to be re-sold by default and this to have been made clear up-front when contract with original owner was agreed... If horse is unsuitable because dealer sold it for a purpose old owner didn't tell them it was suitable for then dealer and a lot of hassle about the livery fees etc and if old owner told dealer it was suitable for something it isn't suitable for then, again, a lot of hassle - although would expect dealer to verify claims about horses on their yard by trying them?

Expect it is a legal mess best walked away from with minimal losses possible, even if it leaves a bad taste, (if you are the dealer your reputation matters more than the value of most horses; if you're the old owner your time was valuable enough to have dealer sell horse so it is too valuable to bother too much about fees) unless you're the new owner in which case it goes back to whoever you have the receipt from.
 
Completely hypothetical I don't have a horse to sell, just musing really as a friend is selling her horse via a second party. I doubt friend has a contract though and horse hasnt sold yet. Interesting though that you think it goes back to whoever wrote the receipt
 
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I wrote a huge big post, but deleted it as I'm not shedding any light on it and I am also curious as to what the legal standing would be. It may be that the seller ( not the owner ) would be liable for any issues arises from the sale, and that they could then go on and sue the owner if the issue was something out of their control.
 
It has always been my understanding that if the dealer is 'selling on behalf of' someone else, the buyer has very little come-back, should anything go wrong. This method is known as a get-out for unscrupulous dealers. I have always been very wary of buying under such circumstances.
 
Pearlsasinger said:
It has always been my understanding that if the dealer is 'selling on behalf of' someone else, the buyer has very little come-back, should anything go wrong. This method is known as a get-out for unscrupulous dealers. I have always been very wary of buying under such circumstances.
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In the motor trade, the dealer has to provide a warranty even if he is selling on behalf of a client.

I keep seeing a few horsebox dealers selling 'on behalf of'.... and adding the wording 'no warranty implied or given ' or words along those lines, which is actually against the law, as the purchaser is buying from the trader who is selling the vehicle.

I see no reason why horse trading should be any different.... but dont quote me on that :) as its a ruddy minefield.
 
Pearlsasinger said:
It has always been my understanding that if the dealer is 'selling on behalf of' someone else, the buyer has very little come-back, should anything go wrong. This method is known as a get-out for unscrupulous dealers. I have always been very wary of buying under such circumstances.
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. Very true this is certainly a get out clause for dodgy dealers. The dodgy dealer who caught me is now selling quite a few horses on behalf of a client. It is a very grey area.
 
I have sold a fair amount over the years nearly all sales livery, I thoroughly assess any I don't already know and advertise them with as honest a description as possible, the purchasers are always encouraged to try fully, have them vetted and I generally hold the money for a week or so just in case, over the years I have only had one returned and most went to very suitable long term homes many are still where I sold them to, one or two returned to be sold on when outgrown and one has just been bought back by a livery after being away 7 years.

As for warranty I think the buyer is often better covered than buying privately as they do have a contract with the yard rather than a private seller, a good reputation can easily be lost if you sell a difficult or unsound horse.
 
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