Sold As Seen/Without Warranty?

[Spook]

What exactly do these terms mean and are they binding

 

[mizzdiz]

it mean what is says,you buy it has it is there is no warranty so if you buy it is binding

 

[Spook]

If you sell under these terms then presumably the buyer has no come back?

 

[GatefieldHorses]

Basically as soon as money has been exchanged if the horse drops dead/goes hopping lame/becomes unrideable its tough.

 

[Spook]

Thanks, that's what I thought, so in reality it protects the seller. Bearing that in mind I'm surprised more people don't use this option when selling at the cheaper end of the market.
We recently did this with a very genuine kind horse who we knew would not pass the vet but was a super quiet hack, jumped comfortably upto 3' and did a tidy dressage test, he sold for £3000. His owner is delighted with him and we did not have the stress of expecting him to fail the vet.

 

[BayJosie]

I'd never buy a 'sold as seen' horse. Maybe that's just me.

 

[Helenabbey]

I sold a horse last year, and the people who took him were going to have him vetted, but decided against it. They wanted some sort of written reciept that they had bought him, so i just put on a piece of paper the description of the horse, price, that they paid cash and that he was sold as seen. I didnt want them to find something wrong with the horse and think they could bring him back, when they had chosen not to have him vetted. Doesnt mean horse was a dodgepot, just lazy, couldnt jump and i didnt want it back. Now horse is happy and healthy in novice hacking home.

 

[Birker2020]

It is buyer beware or caveat emptor if you want to be technical! Its up to the buyer to ask the relevant questions about a horse and i always get my Dad to video me riding the horse I am trying out whilst he is asking the vendor if the horse had any vices and listing each one. Then we have evidence on tape and hopefully some comeback should the horse ever be found to be a 'pig in a poke'! Sold as seen means exactly what it says on the tin (how i hate that expression!) It doesn't mean the vendor won't let you have a vetting but merely implies that the vendor is after a quick sale and rather you couldnt be asked!! x

 

[WishfulThinker]

I thought it was caveat emptor anyway with a private sale. Thus why it is instantly harder to do anything if you are sold a horse that turns out to be not what you thought.

 

[Spook]

It's interesting to note that interpretations vary, alot of horses sold by auction are "sold without warranty" and I think it is becoming more common in private sales due to the fear of litigation. After all one persons ideal horse may not suit the next owner for a whole variety of reasons, and a sound horse does not mean a safe horse, it could possibly have every dodge in the book going.

 

[Spook]

Just to add that I've always thought that when a horse passes the vet that the seller is protected as the purchaser has satisfied him/herself that the horse is fit for purpose.

 

[Passtheshampoo]

Does the buyer have any rights if the horse is not as descibed in the advert despite being sold as seen???

 

[josiesmithuk]

I was under the impression that if the horse is misadvertised then it is a whole new ball park. Even on heights etc I always put approx (i've only sold 4 horses in my life! lol). And always print off the advert and keep it as many websites allow you to edit your advert instantly so it might say one thing today and another tomorrow morning. God you can tell I am looking for a new horse at the moment.

x x

 

[Spook]

I'm not sure about that at all FPErin, I expect that any description in writeing or verbally - witnessed would be considered a warranty, but I don't know.
It's like the horse described as a "good hack". Is it quiet in traffic? Traditionally the term "good hack" implied that it was.
Just goes to show how important asking the right questions is.
There must be legal eagles on here who know the answers.