Were does she stand? - horse purchase disasters.

Storminateacup

Storminateacup

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A friend of mine bought a horse recently from a known dealer.

After it bucked a friend off a couple of days later and had a major fit when being lunged, a little research concerning the animal suggests that it has a serious history of injuring people.

A person known to my friend remembers the horse from her employment as a rider at a reputable EQ in Sussex,and has positively identified the horse from photographs, as the same dangerous creature. There is a suggestion that it was involved in a rider fatality as well.

The dealer is denying that they are one and the same animal, but has finally offered an exchange.
She paid under £4,000 for the horse.

Most of us wouldn't want an exchange from such a dealer I think, and many of her friends have advised her to take legal action to re-coup the money.
The trouble is she is not sure the legal action won't cost her even more money on top of the cost already paid out for the animal, and she cannot afford any more expense.
She does not have any sort of receipt that states a warranty for the animal, mearly a recently registered standard passport.

Your opinions/ advice/musings/ ideas would be very much appreciated.
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Also any general advice on what to do with the horse - poor creature.
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i dont think you can put a price on your saftey to be honest. could u maybe threaten the dealer with legal action and see what happens. he might [****] himself and give a full refund!!
 
but in the same breath, if he does refund then another person is going to end up with the horse and have the same issue!
 
unfortunalty i have got lumber with a dodgey horse from them, if you exchange them you will probably end up with another horse just as bad. good luck with whatever you decided to do, threats of legal actions just fall on deaf ears she needs to be prepared to go to court if she want to get somewhere.
 
... and the problem with getting a swap means that horse will be resold and resold to innocent people... if it is genuinely dangerous, she has a moral obligation to ensure that doesn't happen... which, i know is awful for her... but what if it went on to seriously injure it's next owner? or worse?

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Tell her to contact Trading Standards (Consumer direct). Dealers are expected to sell animals fit for purpose and a buyer has more right's buying from a dealer. What did it say in the advert about the horse and has she kept a copy? Or did she just visit the dealer's yard to look at a few and everything mentioned about the horse was spoken. Does she have a receipt that's worded for instance " suitable for novice, well mannered" etc Gather as much evidence as poss, keep adverts and get written statements from those who know the horse's history. Hope this helps.
 
I'm not sure but the words 'fit for purpose' spring to mind but she must move quickly or any warranty because they are a dealer will run out they have to give warranty. Does she have a receipt?
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Try trading standards and small claims court. Do not let them get away with it.
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[ QUOTE ]
Tell her to contact Trading Standards (Consumer direct). Dealers are expected to sell animals fit for purpose and a buyer has more right's buying from a dealer. What did it say in the advert about the horse and has she kept a copy? Or did she just visit the dealer's yard to look at a few and everything mentioned about the horse was spoken. Does she have a receipt that's worded for instance " suitable for novice, well mannered" etc Gather as much evidence as poss, keep adverts and get written statements from those who know the horse's history. Hope this helps.

[/ QUOTE ]

All of the info on the horse was through word of mouth at the dealers yard - no advert, nothing written, no warranty even. No vetting I think , and no bloods taken either !!
 
Sorry, I did actually edit - that was a tad harsh.


But I just can't understand why people don't get a vetting done - especially if they are not as savvy as some (I include myself in that).

But presumably he described the horse to her and asked her what she was looking for specifically?????
 
I am probably going to get a lot of stick for this but....a: get your vet to take bloods, b: put horse to sleep., if you send horse back, you will have it on your mind all the time, that something may happen to next poor soul, who buys, but most of all, poor horse, pillar to post, and no-one knows why it is like this, what has happened, or, like one that I bought as a foal, and kept with its mum till weaning, and I mean never had a raised voice, or hand, but turned out to be a really bad bad boy, was always going to be a no hoper...and in end I sold to a dealer, which I will never forgive myself for, (should have put down)...be strong, speak to vet, and take no nonsense from dealer.....
 
personally you unlikely to get very far and it would be hard to persure, I would have the horse shot and cut my losss persoally
 
Don't pts. They've only had it five minutes and the horse has come with this problem undisclosed. You can't spend numerous thousands of pounds on a horse just for the privilege of shooting it and doing the world a favor.

OP, I hope your friend gets as much money back as she can. If the dealer isn't officially a dealer, she might have to take the exchange horse and sell that if its not what she wants but its a bit more sellable in general than the one she's got. If you can prove the seller's a dealer it sounds like it might be worth getting a solicitor to pursue a full refund.
 
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a: get your vet to take bloods, b: put horse to sleep

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What would be the purpose of the bloods at this stage? Unless you suspect underlying disease.

Why would you put it to sleep??
 
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But I just can't understand why people don't get a vetting done - especially if they are not as savvy as some (I include myself in that).


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Because vettings often don't pick up on problems and they land you with insurance exclusions.
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I've always had them done, just playing devil's advocate.
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Out of interest who was the dealer and what was the horse like (I am in the area, may be of some help?!) feel free to pm!
 
Most companies won't pay out for what they call 'behavioural issues' which is the category this horse falls into unless you can find out a physical source that is causing these problems. In which instance you have a case against the dealer.

If the policy doesn't require a vetting (below a certain value) , then you don't need to supply one.

Would you pm me the name of the dealer, please?

Poor horse, it does sound like there is something wrong with it..... has she had the vet out to check it over?
 
All of the advice above is sound but we were caught by a well-known dealer who when I tried to return the horse under the relevant law said she wouldn't accept it and it would be my liability running loose around the local village. Similarly, taking someone to court takes ages, lots of money up front and much stress without any guarantee of success. It should be straightforward, but it's not in cases like that of your friend. I guess the other side is some daft people will try and return horses they have ruined and so some balance has to be found.
 
Go straight to trading standards with a written history on the complaint (enclosing a copy of the original advert she responded to), and a statement from the friend who can identify the horse from a previous yard, and at the same time immediately ensure that you have put the full facts of the complaint with dates, times etc in writing to the dealers sending it via recorded delivery post, and once the dealer has signed for the post, back it up with an email and fax copy.
The dealer is a business seller and a such is covered by the sale of goods act, which clearly states that the goods must be fit for purpose, as described, and of merchantable quality.
Your friend should request a full refund under the sale of goods act.
All communications with the deal should be in writing and avoid personal remarks, stick to factual basis, and always give them time to respond i.e. refund within 14 days which is reasonable.
Because if you end up in county court then the judge will need to see that your friend has at all times acted reasonably.
BUT PLEASE get onto trading standards immediately, they are very helpful, and always very interested in cases where peoples safety is concerned.
Best of luck
 
Go straight to trading standards with a written history on the complaint (enclosing a copy of the original advert she responded to), and a statement from the friend who can identify the horse from a previous yard, and at the same time immediately ensure that you have put the full facts of the complaint with dates, times etc in writing to the dealers sending it via recorded delivery post, and once the dealer has signed for the post, back it up with an email and fax copy.
The dealer is a business seller and a such is covered by the sale of goods act, which clearly states that the goods must be fit for purpose, as described, and of merchantable quality.
Your friend should request a full refund under the sale of goods act.
(Also a good idea to gather copies of any other adverts the dealer has old or new to prove they are a business seller!!).
All communications with the deal should be in writing and avoid personal remarks, stick to factual basis, and always give them time to respond i.e. refund within 14 days which is reasonable.
She doesn't need a receipt for a warranty, she paid money, so a contract of sale exists. The seller is a known dealer, so a business, so the sale of goods act applies.
Because if you end up in county court then the judge will need to see that your friend has at all times acted reasonably.
BUT PLEASE get onto trading standards immediately, they are very helpful, and always very interested in cases where peoples safety is concerned.
Best of luck
 
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