URGENT ADVICE PLEASE NEEDED - CAN I SELL HIM?

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cluedo

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I have a lovely 6yo who came from a well known Showjumper and was brought for a considerabe amount of money. He has serious medical and psychological issues since purchase rendering him unrideable. We are in the process of suing him as he is not fit for purpose of eventing (or riding in that matter).

He has made offers to take him back and exchange (as per his sales warranty) and then keeps changing his mind and then he refuses to speak about the horse. He knows the horse is not sellable or rideable and for that reason he has refused to discuss him anymore, hence now instructing solicitors.

I have had the offer of a fabulous home for him as a companion. They want to buy him for £500 and know of all his problems.

Can you sell a horse prior to getting into court? I took recent videos of the horse and his problems and have up to date vet reports with a very guarded prognosis for any ridden work. The new owners will make him available for inspection if the court ask to see him.

What do I do?
 
I would seek advise from a solicitor as you have.. And a horse with both medical and psychological issues should NOT be sold on full stop.. its not fair on the horse or the person he is passed to. Id look at other options..

Lou x
 
His conditions are not serious enough that he cannot be a companion, he is not lame. He would be sold to someone I know who knows him well and he will be a companion to a horse he is very best friends with.
 
ask your solicitor if you can, or perhaps just give him to them at the moment to 'look after' for you and take official payment from them after the court case?
 
[ QUOTE ]
ask your solicitor if you can, or perhaps just give him to them at the moment to 'look after' for you and take official payment from them after the court case?

[/ QUOTE ]

agree with this, get them to 'look after' him. you can sort money/ownership out after the court date.

x
 
I would def check with a solicitor as the way I read it, if you have sold on, then you have accepted purchase of goods (horse). Also they may need an independant vet examination which would be complicated if moved. As in how much of his psycological problem was present prior to reselling etc.
If it is a good home for the horse maybe she will wait until this is resolved, although it may take a lot of time. However once the ball is rolling maybe he can go out to her on loan and purchase when all sorted?
 
I most definitely would not sell him until you have sorted out this horrendous mess you find yourself in, through no fault of your own.

Why don't you free loan him to your friends as a companion until the court hearing or settlement.

In the event he is to be returned to the original owner and you are recompenced, then perhaps you can offer a nominal sum (perhaps the £500.00) and say you have found him a wonderful non-ridden companion home for life, ensuring his future and that of any unsuspecting new owners. Afterall, what would they do with him but sell him on again?

If things go to court you could perhaps mention you have found someone willing to take him on for ever to ensure the above.

Good luck

xxx
 
Have managed to speak to lawyer and she said that to mitigate losses I can sell him but to get a few quotes as to his value so they can't say we have sold at a substantial loss.

So, will post separate post and would welcome values please.

I did offer friend loan but she wants to buy him because she loves him and can't bear it he is then returned to dealer, hence why she offered the £500 for him. We are all so concerned and what would happen to him in the future and can't bear the thought of him going through a sale, which I think the showjumper just might do as he knows he can't sell him through his business. I would hate some other poor unspecting soul to get caught
 
Check with solicitor but I have bought two horses that were sold cheap having turned out unsuitable for the buyer. They then went on to sue the dealers for the rest of the money lost excluding what I paid for them. They also had vet reports, witnesses (bucking, nappy, rearing horses) and video fortage. I would personally accept the offer, nice to know the horse has gone to a good sercure home, not back to dealer. Then in court you can show your loses on this horse (What you paid againest what you sold him for plus all the vet bills etc).
 
Thank you for all the replies. In an ideal world I would love to keep him as I love him to bits, but I am not in a position to have any horse right now. The home is his best choice as its a forever home, with someone else who loves him, and his future is secure. I could never forgive myself if he ended up in bad hands, I'd rather have him destroyed.

Vet bills are well over £4,000 on him on top of livery, physio on a very regular basis, and his purchase price so I am unlikely to get everything back.
 
I would say £500 is very very fair for an unrideable horse that can only be used as a companion. If he was to be sold on open market with full disclosure of his problems he probably wouldnt fetch that much unless it was someone *thinking* they could medicate him or something and sell him for a fast profit to some unsuspecting buyer.
 
I think that and he is not medicatable.... nothing works on him. This is his best chance in a loving home for the rest of his life. If they can't keep him he comes back to me so I can safeguard his future.
 
[ QUOTE ]
If they can't keep him he comes back to me so I can safeguard his future.

[/ QUOTE ]

Unfortunately you can't guarantee that if you sell him unless they sign an agreement that he can only be sold back to you should they be unable to keep him, once you sell him you have relinquished all rights to make decisions for his future.
 
Yes we have drawn up an agreement listing all his problems and that the agreement is subject to and is agreed by all parties that if she cannot keep him he comes back to me.
 
I would have preferred to loan him but the loanee who knows and loves him was worried she might lose him one day, either the dealer would want him back and knowing his problems his future did not bode well, or I would take him back, hence offering to buy him.

To be honest we have lost so much money on him, its not about how much to me, although the courts will want to see he went for a fair price.
 
How heavy is he? Work this out then give potters a call re. valuation, then you'll find out his meat value, which is pretty much it.
 
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