What legal rights do you have as a private seller?

Nightmare before Christmas

Nightmare before Christmas

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I dont want to go too much into this but I sold a horse the other day, horse was not vetted, receipt was sold as seen and signed on both sides. Horse went the next day when they picked it up. Horse got injured travelling home and required the vet. I had stated the horse had not traveled in a trailer when with me (I use a lorry). They wanted a full refund for the horse which I refused.
Then they tell me the horse has a heart murmur. I have two vet certs (one in ireland and one in the UK) and no heart murmur was detected. The horse is vaccinated yearly and heart is always checked again with no mention of a heart murmur. Spoke to their vet who said it is most likely from the trauma of the accident. They now want some money back because of this.

Where do I stand if legal rights are taken?

I cant ring BHS as not a member but if anyone has any past experience would be helpful
 
I don't know for definate but I would say given they have signed a reciept as 'sold as seen' then re the heart murmour they chose not to have the horse vetted. Re the injury from travelling, once the horse left your property/yard then it's their horse so up to them. You wouldn't return a tv cause you dropped it while getting it out the car at home.
 
Gosh what an awful situation.

But yes I imagine once the horse becomes their property he/she becomes their responsibility 100%, they have a receipt of sale and decided not to vet then it is their problem not yours, like the poster above says you wouldnt take a tv/glass vase back for a full or partial refund if you smashed it on the way home.

They dont have a leg to stand on I dont think, their property, their choice of transport their choice not to vet, their choice to pay the money and take the horse, receipt and passport received and stated sold as seen. Their responsibility.

I do hope the horse is okay though!
 
I would tell them to take a running jump! It's not your problem that they chose not to get its heart checked beforehand (ie vetted!!). It's a risk they were obviously happy to take & now its backfired & they don't want to deal with the consequences.
 
Horse is okay. Damage to hoof, coronary band and leg but no tendons or ligaments damaged. She will recover but very upset as had the horse 5 years and think alot of her. Yesterday was a day of total shock with every phone call but as they are threatening legal action I need to remove my own emotion and sort this as quickly as possible
 
As soon as payment had been made in full and that receipt was signed, the horse was no longer your responsibility. Even if it had had an accident on your yard before being taken, it would still not fall on you as no longer your horse.

Stand your ground. Tell them that you really hope that the horse recovers quickly, but as it is no longer your responsibility, you wish them all the best and goodbye.

They are either trying it on or they genuinely don't understand the situation. If they need help, ask them how they would have responded had you stopped them mid journey and unloaded the horse to take it for a hack! Oh, what's that, you can't because its not your horse anymore!!!
 
They have no rights - re the heart murmur they bought un-vetted, and re the trailer incident they owned the horse at time of travelling.

A very unfortunate situation but 'that's horses'.....please do not let them bully you into returning their money, and hope the horse has a swift recovery.
 
On what grounds do they think they have a case:confused: they bought without vetting, presumably their choice not you pushing them to use an old certificate, the fact that she had an accident is not your fault, even the vet said the murmur could be due to stress and in that case will probably settle in time.
Once they think about it they will probably back off.
 
I think I wouldnt be able to hold my emotion, I sold a filly aged two a fair few years back, unvetted but was open to any vetting, show champion in hand four weeks later she had popped a curb injury to the tendon, lost lots of weight standing in a fine summer coat out 24/7 in January without hay, had a scorching case of cellulitis due to standing in mud soup getting a puncture wound and not having it treated properly, They called with an acusatory tone regarding the tendon injury which was not there when she left me, and lit the touch paper, I gave this person a wild pure unadulterated piece of my mind then opened a can of whoopass, they didnt call again! But I felt so bad for the filly, the home was vetted but they didnt use their stables it seems and could talk the talk but not much else! You live and learn but dont take this on your shoulders it is they who should feel bad.
 
They have no claim against you. The horse was open to vetting & they declined. You have two certificates that don't mention any heart murmer & a vet has confirmed that the murmer may have been caused by the trauma of the accident. You advised them that the horse normally traveled in a lorry & hadn't travelled in a trailer. They have purchased the horse & the latin 'Caveat emptor' (Let the buyer beware) comes into play.

You have played everything straight & honest. Horses are horses & they have accidents, it's all part of ownership. The horse will recover & all will be well. Do not get bullied into refunding any money to the buyer, they are trying it on & have no legal case whatsoever.
 
You have all put my mind as rest as this is what I have been thinking. They rung again this morning (ive had plus 20 phone calls since yest afternoon from them). They recieved photo copies of my vettings and i have given my vets premission to state the condition of the horses heart when vaccinated two weeks ago as they have been calling my vets this morning! I have nothing to hide so happy for that information to be shared! Hooefully I shall hear no more from them today. I think they are realising they have no grounds to sue me like first stated.
 
Hopefully they have just panicked with the shock of it happening and will bog off and stop being so stupid but agree with everyone else, what a cheek!
 
Horrible for you. Have a hunt on the thread "kidnapped" or just look for posts by Peter Natt. In that particular thread he had listed a large number of equine solicitors. As they are bullying so much I would recommend a swift and strong response to stop them in their tracks.

They are idiots. When I have collected a new horse, he would have been insured before I collected him. When one was dropped off by the owner, she agreed to keep her cover till horse was delivered. And if a horse does not travel in a trailer and that was my only transport, would not have bought it.
 
Nightmare before Christmas said:
Horse is okay. Damage to hoof, coronary band and leg but no tendons or ligaments damaged. She will recover but very upset as had the horse 5 years and think alot of her. Yesterday was a day of total shock with every phone call but as they are threatening legal action I need to remove my own emotion and sort this as quickly as possible
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Let them - if you don't have cover through bhs membership then often your house insurance (or your business insurance if you run an equine business) will cover you so you won't have any legal fees if they did try to go to court but they don't have a leg to stand on.
 
How awful ...

And if they'd bought a car and crashed it at the end of your street, they'd bring it back for repairs?

(actually I had the opposite experience. Bought a car at 11am and turns out the seller had had a minor prang with another vehicle that morning and told the insurance they'd already sold the car so must have been new owner. Ha. Ha. Good joke, pull the other one.).
 
Sounds to me like they are harassing you. 20 phone calls a day is harassment IMO.You need to contact the Police about this who should be able to get this stopped.
re the horse. I dont think they have a leg to stand on. they bought as seen.
 
Whilst I agree with everything said before about the purchasers not having a leg to stand on - for the sake of the horse, I'd buy it back.
 
Be polite....and refuse to discuss it further except through their solicitor "for legal reasons". The more you say, the more they will argue and seek a reaction from you.

If they persist, I would certainly speak to the community police officer whose job it is to deal with situations like this before they escalate.

If their solicitor is any good, he will advise them to go forth and multiply!:D
 
They seem to have backed off. I told them not to keep calling me, sent them copies of both my vet certs, told them that they didnt get the horse vetted and they didnt put travel boots on after I said I had never traveled the mare in a trailer. I told them to take legal action but said due to the above nothing will come of it!

After telling me yesterday the horse was nuts and they couldnt get near it nor get it in a stable they now say hes sweet as a nut and they will buy her a lorry.....

Think they got the message :D
 
I hope so they have a wonderful horse at a bargain price! She is 10x what they need but the girl loved her and thats the main thing! Yesterday was an awful day all round as had other issues besides this! Glad this has settled now. No contact since midday can only be a good thing
 
when I bought my horse the day I paid the deposit he was my responsibility, I had to insure him and pay his livery until I could pick him up. It's sod all to do with you if they had an accident on the way home, hope the horse is ok
 
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