Sold as seen?

simplyhunting

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30 October 2009
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Please someone tell me I'm not going insane...
if a horse is stated 'sold as seen' on receipt of sale, from a private seller. It literally means just that?

The moment that receipt of sale is signed and funds transferred any responsibility of the horse is the buyers? So a case of buyer beware in the case of private sales? (Genuine sale, never any problems with horse- sound as a pound/competing every weekend type, the option to vet the horse was given, buyer chose not to, but tried and tested horse so to speak, so stated 'sold as seen and tried'?)
 
That is what it means but I'm not sure it's ever been tested in court, so like most stuff written in the horsey world not worth the paper it's written on. if you've sold - written this- and now the buyers have a problem with the horse (assuming horse is genuine) you might want to think about having him/her back and finding them a more suitable home just to avoid all the time and hassle arguing with the buyers about who said what.
 
If its signed, dated and witnessed its a legal document and you owe the buyer no further duty of care. The only exception being if they could prove you had knowing withheld information at the time of sale, that would have stopped the purchase. They would have to prove this themselves so if horse was sold in good faith, tell them to go take a hike!
 
To me its like buy 'without warrenty' at an auction, as long as they have not told lies, and you have tried it as much as possible there is no come back. I usually get this on young stock receipts.
 
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