What would you do?

[ribena73]

I bought a TB mare two weeks ago who now has a damaged tendon, flare up of an old injury which the previous owners denied despite being quizzed on it after we spoke to her olr trainer who said she retired cos of a bow tendon. I contacted the previous owner and she was very apologetic but said she was not in a position to give me my money back. She then called me back an hour later and told me that she had spoken to the person she got the horse from and he said that he would do a swap for this horse, and would provide me with an equivalent and she would keep the mare until it was sound again and then sell it on and reimburse the dealer.

This wasn't an option that I had considered but my feeling is that it might be the best one available to me. I have spokento my vet and he agreed that it might not be a bad option, he will come out and vet whatever they offer (I didn't get the first one vetted), and if it passes and is suitable at least I will have a horse that at the very least I will be able to sell on if I decide that after all this I will stick to our section A pet instead!

I would just like to hear other people's thoughts on this, and what you would do. I didn;t pay much for the horse in the first place (she was £1500) so I guess you get what you pay for, and I would happily sell the next horse on straight away at a loss if it meant that all associations with this dealer can be ended.

If I don't accept what they are offering me as an alternative, does anyone know if I have any legal grounds under the sale of goods act? The woman i bought her off denies being a dealer but if she has access to horses to "swap" then it is fairly reasonable to assume that she is.

 

[xnaughtybutnicex]

I think the swap is the best idea as long as you get it vetted. Not too much point keeping the TB you have now if she went lame after 2 weeks of having her from an old injury cos its very likely it will come up again.

 

[AmyMay]

Dodgy, dodgy, dodgy.

This woman sounds like a dealer (the worst kind). I would go through Trading Standards and of course refer to your own vet who did the vetting and take it from there.

I would not return the horse until I had a full financial settlement for what you paid for her.

 

[charmaine]

Under the Sale of Goods Act 1979 you have a right to be sold a horse that is fit for its purpose. It obviously wasn't. The fact that you did not have a pre-purchase vetting is irrelevant, you still have the same rights. You need to be able to prove she is a dealer as private sales are less protected although the horse still needs to be accurately described. You do not have to accept another horse in exchange if you don't want to, you should be entitled to your money back in full. If you need any more help PM me.