What can you do if you are mis-sold a horse?

[SarahK]

Looking to buy a horse in 9 months or so and was just wondering if you have any come back if you buy from a private seller, get the horse home and find that they lied about it?

I know that dealers have exchange periods etc and you can always sue them if necessary. Can you do anything to a private seller if they mis-sell you a horse?

Thanks

 

[Maisy]

Not a lot I dont think!! Thats why you have to make sure you have tried it as much as poss.

You can have bloods taken when it is vetted to ensure it isnt doped, but not much other than that........

 

[dwi]

yes, my understanding is that you can take action against them for things that are written down in the advert but not for things that are said or implied. While that is the reality of it it might be quite difficult to prove in court. I may be remembering wrong but I think Patches had a friend who got taken to court over a pony that they sold privately

 

[_OC_]

Caveat Emptor or in other words Let the buyer be aware

I always buy from good dealers for this reason,If I knew somebody that was selling a horse privately I might consider it! You have more 'clout' if it goes not right,as my Uncle once said to me(He was a real Huntsman,and knew his horses!) 'Buying horses is a real high risk business, and keeping them is as well'
Those words still hold true to this day!

 

[Ziggy_]

No experience of it personally, but if you take a witness who notes down anything the buyer says, you might have a leg to stand on should something go wrong.

If the horse, I don't know, got a bit fast or strong or something while you were viewing it, and the owner said 'oh he does that sometimes', then you got the horse home and it bolted, the seller could argue that you were aware of the behaviour. Also don't forget that they aren't obliged to tell you anything, so ask specific questions such as 'has he ever reared?' 'has he ever weaved?' etc etc and take note of the answer.

I think the courts do tend to go in favor of the buyer if anything happens and if you have a reliable, experienced witness with you all the better, but as I said I have no experience of it personally so in reality it might be a different story.

 

[YorksG]

I doubt that in the case of private sellers the courts would be on the side of the buyer. I would also say that the idea of 'mis-selling' is an odd one IMO as horse behave differently in different circumstances and with different people. That is why they are horses, admittedly if there were real vetinary problems that were known to the seller that would be mis-selling, but a lot of other problems are to do with changes and the horse settling in. IMO a lot of people want to send the horse back because it doesn't just accept everychange thrown at it.

 

[charmaine]

Although you have less rights than buying from a dealer you still do have some under the Sale of Goods Act. The private seller has an obligation to describe the horse accurately so if for example they said in their advert that it was a riding horse able to hack out for hours and it turned out to have navicular disease and was incapable of being ridden that would be a misdescription for which you should have a comeback on the seller. Things like the age, height etc. have to be accurately described. There is no current requirement in law to have a pre-purchase veterinary examination although I would personally advise that you do. However the law does not penalise anyone for not having one carried out so this would not stand against you in any court case.

 

[AlexThe Arab]

It's more a case of a horse being "misrepresented" or sold "not as described" rather than mis-sold.

Had personal experience of this exactly a year ago

A private sale is covered legally by the "Sale of Goods Act for Misdescription" and the law of "Misrepresentation" but you must be able to prove that the horse was not described honestly. Highly recommend keeping all written adverts, take a friend or better still an instructor with you when trying the horse, as a witness to what is claimed about the horse, have it vetted ! ask for a trial, get a receipt with full description of horse when paying. Thankfully I got my money back without going to court - but I had all the information to prove that the seller had lied about the horse and it wasn't just a case of me not liking him once I got him home

Most importantly know your limits and have a good idea of what you are looking for before replying to adverts

Have fun