AmyMay
Situation normal
Because once one case like this went to court (where the seller lost) a precedent was set.
Sold horse nightmare
- Thread starter Rully
- Start date
Because once one case like this went to court (where the seller lost) a precedent was set.
Goldenstar
Well-Known Member
In English law you cant give away the rights the law gives you for example you sign a disclaimer saying if I fall off doing your XC course I won't sue you and then you hurt yourself you can still sue if the circumstances of the fall mean the law would hold the XC owner responsible .
So you can buy something and say sold as seen but if the court decided that sale was unlawful for some reason the law would apply.
So you can buy something and say sold as seen but if the court decided that sale was unlawful for some reason the law would apply.
Honey08
Waffled a lot!
I agree with this. We bought my first pony back a year after it went because someone threatened this. I don't think they meant it with hindsight.
I think sending someone down for a unbiased, professional opinion would be useful - to assess the "danger" of the horse, then to assess the condition of the horse. I very much doubt the horse is suffering due to all this - by the sounds of it she is out in the field living the life..
Definately get some legal advice, and be careful what you say. I would think buying it back for meat money just makes you look as though you were making money on it. Perhaps say that you will give her meat money +£200 if she decides to go down that route, but state that you don't believe the horse is dangerous or only worth meat money?
dianchi
Well-Known Member
surel;y if you have sold as seen paperwork buyer has no leg to stand on. Personally i would be having the horse back. Offer to match her meat money or take it back to sell for her (minus livery obv)
Black_Horse_White
Well-Known Member
Buyer beware is a load of tosh IMO. My case was a farse from start to finish. I proved in writing that the woman who took me to court had lied. But the judge hadn't read any of the paper work we had sent in before hand. Infront of the judge she admitted to making and signing false statements. The reason she won was not the same reason she was suing me in the first place for! Had the judge read the paperwork he would of known this. I was told by a solicitor she couldn't win, consumer direct and my insurance companies legal department, but she did! My only regret is that I didn't appeal. But I only sold the pony for £1200 including all tack rugs etc. To appeal would cost me £800 and I'd already paid a solicitor £500 to have a letter sent to her.
Dry Rot
Well-Known Member
This. Preferably a professional acceptable to both parties and paid for by the two parties, 50/50. Would this be a situation where arbitration would help? If the buyer would not agree, it would make her sound unreasonable.
Rully
Active Member
I am sending down a 3rd party to ride the horse. I can't/won't go down there as she was so rude to me on the phone- actually abusive in fact. She won't pay for someone to go and assess the horse, doesn't think she should.
The 3rd party I am sending down has actually ridden the horse before twice in the 4 days prior to the buyer trying the horse. I thought he would be a sensible person to send down.
Offering a reduced amount/meat money won't work at the moment as she says would take me to court for the balance. When she initially called me there was no mention of any ridden vices, or that she was so unsafe/dangerous she would need to be pts. The lady rode her the next day.
Having taken legal advice, the onus is on the buyer to prove the horse was not fit for purpose at the point of sale. So if horse had say navicular and had gone lame after purchase and could not be ridden that would form a claim. Or if there was evidence (say a 'project' horses advert or witness) that the mare had been 'dangerous' under saddle prior to me selling her that would be evidence. I have a few witness statements to support me that the mare was fine, as well as the original advert I bought the horse from with pics of the mare competing jumping etc. Don't think there is anything else I can do?
Obviously I am very concerned for the mare's welfare. The 3rd party will be assessing her condition etc. I am not prepared to take her back to sell on behalf of the buyer- I think it is a whole potential can of worms and I cannot deal with someone who has spoken to me as she has. Hope the situation clams down and there can be a rational conversation on how to help.
The 3rd party I am sending down has actually ridden the horse before twice in the 4 days prior to the buyer trying the horse. I thought he would be a sensible person to send down.
Offering a reduced amount/meat money won't work at the moment as she says would take me to court for the balance. When she initially called me there was no mention of any ridden vices, or that she was so unsafe/dangerous she would need to be pts. The lady rode her the next day.
Having taken legal advice, the onus is on the buyer to prove the horse was not fit for purpose at the point of sale. So if horse had say navicular and had gone lame after purchase and could not be ridden that would form a claim. Or if there was evidence (say a 'project' horses advert or witness) that the mare had been 'dangerous' under saddle prior to me selling her that would be evidence. I have a few witness statements to support me that the mare was fine, as well as the original advert I bought the horse from with pics of the mare competing jumping etc. Don't think there is anything else I can do?
Obviously I am very concerned for the mare's welfare. The 3rd party will be assessing her condition etc. I am not prepared to take her back to sell on behalf of the buyer- I think it is a whole potential can of worms and I cannot deal with someone who has spoken to me as she has. Hope the situation clams down and there can be a rational conversation on how to help.
Goldenstar
Well-Known Member
Good plan , good luck can't help feeling sorry for the horse though.
Rully
Active Member
I know 
but don't know what else I can do at the moment until it calms down. I initially suggested someone in her village who could help her (they have a school and she doesn't) but she said she 'doesn't need any help'. She refuses to pay someone to help her or for advice.
but don't know what else I can do at the moment until it calms down. I initially suggested someone in her village who could help her (they have a school and she doesn't) but she said she 'doesn't need any help'. She refuses to pay someone to help her or for advice.
AmyMay
Situation normal
Sounds like a good plan. Still can't understand why you simply don't buy the horse back though. Imagine all the bother you'd save....
Goldenstar
Well-Known Member
She sounds a nightmare , everybody no matter how good benefits from help and support and eyes on the ground with horses.
Rully
Active Member
Sorry you must have missed that initial post. Don't have the funds and I feel the lady is exaggerating as the mare has always been absolutely fine. Hence sending down the 3rd party to assess.
Rully
Active Member
She initially refused to let me/3rd party down to ride the horse on the grounds that she didn't want to be liable for someone else riding out on the road and when I suggested we could at least ride in her field she said it wasn't allowed (despite having told me she had the previous weekend).
She wouldn't lead the horse up the road to the local school to ride even. Nor get someone to ride out with her to help get her going.
She wouldn't lead the horse up the road to the local school to ride even. Nor get someone to ride out with her to help get her going.
Queenbee
Well-Known Member
This is my view too.
AmyMay
Situation normal
I'd be finding the funds, in your shoes.
Anyway, hope there's a satisfactory ending for all involved, not least the poor horse.
Wagtail
Horse servant
What I don't understand, is that this trouble started after she had only had the horse two weeks, yet you don't have the funds? I can understand if they were used to pay off a loan or overdraft I guess. But for others selling, it is a good idea to keep the funds received from a sale for a few weeks or even months in case something like this happens. It's a real shame for the horse. That buyer sounds like an idiot.
Rully
Active Member
How? If I say I don't have the funds, I don't have the funds. End of. Not going to go into my personal situation but I don't have access to that sort of money via loans, cc etc.
Queenbee
Well-Known Member
Yes but the bottom line.... This woman does not want the horse, owning this horse has rightly or wrongly scared her and the horse is currently suffering as a result, I agree that sending a third party down is the way to go... But I would send a completely unbiased person up there... Get the true status quo, offer meat money and let her sue for the balance once that horse is back in your care... Then you will have a completely unbiased witness to take into court with you. Anything could have caused this, the horse could have had an accident and be in pain and it sounds like this woman doesn't give a damn, I would beg borrow or steal to get any horse I had sold out of such a situation. (That isn't. Judgement on you, just my standpoint)
Edited to say that an unbiased independent pro will have their own rider insurance... Tell her that.