What legal rights do you have as a private seller?

Sincerely hope the situation has resolved- anyone who dosen't a) have horse vetted b) insure before collection & c) collects horse in trailer & without travel gear is an idiot:rolleyes: Just sorry for horse, although understand you can't take her back. Hope this sorry story is finished:eek:
 
Orthe's Daystars said:
Sincerely hope the situation has resolved- anyone who dosen't a) have horse vetted b) insure before collection & c) collects horse in trailer & without travel gear is an idiot:rolleyes: Just sorry for horse, although understand you can't take her back. Hope this sorry story is finished:eek:
Click to expand...

Yes I was upset about the horse but at the end of the day from the point we exchanged money she is no longer mine. I spoke to the vet so I know the ins and outs without it being biased and angry! I think it is settled now I was just confused/worried for a bit as I wouldnt sell a dodgy horse and the last thing I want is to be taken to court!

because 'aint nobody got time for that!'

(sorry had to be done!)
 
Such a sad ending.

I hope the buyers are being sensible.
It still wasn't your fault.
They bought unvetted and the accident happened while in their care after they had completed the sale.
 
Oh thats awful. Poor mare and cant imagine how you must be feeling. I hope they had insured her but doesnt sound like it. So sorry for all concerned
 
How aweful for you. I once sold a horse because I had young children and could no longer give her the amount of work that she needed. Thought I had found the prefect home, they rang me two weeks later to tell me they were sending her to the sales and I could not take her back. I have never sold horse since. Unfortuately people lie or are just plain stupid.
 
So sorry for you :-(

I would imagine even if they had insured her they wouldn't be able to claim that quickly - my policies have a 14 day period from when they are first taken out before you can make a claim
 
Oh heck, what a horrible thing to happen. From other posts it sounds like you are having a thoroughly rubbish time at the minute, hopefully things will get better for you :(
 
Let this be a WARNING to everybody!!!

Anyone can sue anyone else over an issue where money has changed hands - it matters not whether there are contracts, receipts or old envelopes with a cross and the guy's thumbprint! Court cases can be HUGE trouble and those who know how to play the game can often win even starting from a losing position. BEWARE!

The way I see it in this case, despite the signed acceptance of the horse purchased being "as seen" ( we don't know about "tried") and no vetting - the purchasers have later complained - not of the injury while in their care - but of an implied existing fault which could be construed as the "product" - item for sale - being "not of merchantable quality" or "fit for purpose" - a court case would explore whether a fault existed and then whether the vendor could have possibly known of this fault and somehow covered it up - this would negate any contract to buy - and even if the vendor hadn't been fraudulent in this respect, they still might decide for the purchaser - if they had a good lawyer!!! Judges are always impressed by the amount of money you can throw at a case!

Some people know all this so they always pull out the legal action card as a threat when they realise they've done a wrong'un - there's far less folk in the world that will take an expensive loss on the chin. However; my advice for everyone is - don't blink! Stare them down - if you are confident that you are in the right and acted honesty - don't be afraid to say so. Tell them - sue and be damned!

That lot said with my neutral hat on - I now turn to what I think about the other side! They are horrible people who shouldn't be in charge of a dead rat! They've bought the O.P.'s well loved horse for less than what they thought and rushed to move it without due care and attention causing injury and distress - failed to nurse said injuries and probably had lovely horse put down to claim on insurance. Some of their true colours are revealled in the abusive telephone calls and repetitive threats.

Grrr... I now need a rub down with the Dressage section.

Worryingly - the fact that poor Horsey is no more - does not remove the possibility that they will sue - I have known many cases fought after a horse has died - so do keep all your wits about you o.p.!
 
Last edited:
Yes I am waiting for them to try something at a later date. I told them to go ahead last time as I have nothing to hide.

Yeah I am not having the best time at the moment. I produced this horse from a 4 year old and she was a super talented horse! I am gutted.
Some of you will know but this was my wonderful horse and she will be missed by many.

Although I have bought and sold horses in the past I had kept her so long the sale was quite hard anyway. Now shes been gone less than a week and has been pts it just doesnt feel real
losejumping154.jpg
 
I feel very sorry for you as you clearly loved this horse to bits.

I am afraid that any legal action will depend on what was said and/or implied prior and during the sale of the horse. Keep a copy of any verbal or written communications and any adverts etc. especially anything that was said on the phone while it is still fresh in your mind.

...and this is why it is so important as a horse owner to be a Gold member of the BHS as included within the Gold membership is access to a legal help line and also 3rd party public liability insurance to a value of £10,000,000 (Ten million pounds).

You may well need a specialist equine solicitor if they decide to take the matter any further so here is a list for you just in case:

I am very sorry that you have found yourself in this terrible situation.

SOLICITORS – EQUINE

Actons
Tel: 0115 91002200 Caroline Bowler

Mark Carter
White Bowker Solicitors
Tel: 01962 844440
www.wandb.co.uk
mark.carter@wandb.co.uk

Helen Niebuhr
Darbys Solicitors
52 New Inn Hall Street
Oxford
OX1 2QD
Tel: 01865 811 7000
01865 811712
Fax: 01865 811 777
www.equine-law.net
E: equine@darbys.co.uk

Jaqcui Fulton Equine Law
Tel: 0121 308 5915
jf@equinelawuk.co.uk
www.equinelawuk.co.uk

Hannah Campbell (Specialise in compensation cases)
Tel: 01446 794196
www.horsesolicitor.co.uk
info@horse solicitor

Elizabeth Simpson Senior Solicitor at law firm Andrew M Jackson
Tel: 01482 325242
www.andrewjackson.co.uk
enquiries@andrewjackson.co.uk

David Forbes or Belinda Walkinshaw
Pickworths Solicitors
6 Victoria Street
St Albans
Hertfordshire
AL1 3JB
01727 844511

Mark de-villamar Roberts
Langleys Solicitors Equine Law Group
Tel: 01904 683051
E: mark.Roberts@langleys.com
www.equinelawyers.co.uk

Elizabeth Simpson
Senior Solicitor
Andrew Jackson
Yorkshire
Tel: 01482 325242
www.andrewjackson.co.uk

Richmond Solicitors
13-15 High Street
Keynsham
Bristol
BS31 1DP
Tel: 0117 986 9555
Fax: 0117 986 8680
enquiries@richmonssolicitorsco.uk

Jacqui Fulton
Giselle Robinson Solicitors

Knights Solicitors
Tunbridge Wells
Tel: 01892 537311
www.knights-solicitors.co.uk
Work with GRC Commercial Bailiffs
Senior partner very good on equine matters

Horse Solicitor
Tel: 01446 794 196
info@horsesolicitor.co.uk
www.horsesolicitor.com

www.laytons.com

Mary Ann Reay Charles or Chris Shaw
Shaw and Co Solicitors
Equine Law Specialists
Tel: 0800 019 1248
info@shawandco.com
www.shawandco.com

Arnold Thomson
205 Watling Street West
Towcester
Northants
NN12 6BX
Tel: 01327 350266
Fax: 01327 353567
www.arnoldthomson.com
enquiries@arnoldthomson.com

Tozers www.tozers.co.uk

Eleanor Temple Barrister from Kings Chambers in Leeds
Tel: 0113 242 1123
www.kingschambers.com
 
Last edited:
Sorry for the loss of the horse.

Unless I am mistaking you for someone else aren't you a " professional" and as such run a business that profits from equine activities? If so I'm not sure where you'll stand as a "private" seller. Perhaps it would be wise to contact the company that you have your business insurance with. If you've misrepresented
 
No I do not buy and sell as a business. This was my own personal private horse ive had for many years to compete. I have worked buying and selling for someone else in the past and it is something Inconsider for the future but right now I am at uni doing my final year and only have (had) my two horses with me.
 
Then, for your own safety given how small a place the internet is, you maybe want to edit some of your recent posts where you claim to be a professional and that horses are "business" to you. It'll leave you wide open in this instance.
 
I'm so very sorry

Hopefully they had the mare insured from the day the money changed hands (as would be sensible) most insurance policies allow accident claims from day 1 but not illness claims for x days so no excuses for them not to be insured

I hope you don't hear from then again
 
In the post with the picture you've written that YOU have bought and sold in the past. Maybe get this, and your other, threads/ posts deleted as your stories frequently change (eg dates you brought the lame horse back into work)
 
My professional side means I try and remain professional when I deal with people/horses. Personal emotions can cause more trouble. I have always been around horses in a professional environment and know no different. I doubt they will take legal action now. I guess you never know though
 
You must log in or register to reply here.
Top