Who is in the wrong?

Moody-Mare

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A bit a a dilema going on at the yard atm..

Long story short.. A girl (Girl X) at my yard wanted to sell her mare and foal ( 2 months old ) as quickly as possible. So she advertised them very cheap and a buyer came to see them (Girl Y)- deposite changed hands.. 1 week later said buyer appeared with large horse box to transport mare and foal. Full payment was made and passport was given.

On arrival Girl X brought mare and foal out of the field and left them with Girl Y and proceeded to leave the stranger on the yard. Buyer was made well aware that the mare had only ever travelled once in a trailer but was still keen to buy the pair.
After a 4 hour journey down the county, and spending 5 hours inthe yard The mare refused to load. Seemigly all 'techiques' were tried but wasnt successful. Girl Y put mare and foal back in field and went home.. - May i add, Girl Y also proceeded to take a chunk of my youngsters mane to DNA test the foal against :mad: WITH OUT PERMISSION!


Calling Girl X demanding all her money back and saying her horse was 'dangerous'

Girl X is now left with a mare and foal she doesnt want- with very badly cut legs and capped hocks.. What should happen now? Who is in the right/wrong? Just lookign for other peoples opinions ont he matter?

Tropical punch and chocolates to all who managed to follow that:D
 

webble

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Sounds to me like they both are. Owner should have stayed and helped and put a stop to things before the mare got injured. Poor mare has just had a foal and that is a big thing and then try to load her which is also stressful thats not fair

Buyer sounds just horrible letting the mare get injured from what you have said neither deserve horses they are a privilidge not a right
 

WelshD

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girl X should have stayed throughout and seen them safely off the yard, this would have also prevented your horses mane being cut

You could argue that money changed hands so girl Y owned the mare and foal at time of loading and that it was her problem though I guess
 

Natz88

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To make sure I red it correct Girl X took money of Girl Y handed over mare, foal & passport then just left yard leaving Girl Y to it :confused:
 

Polos Mum

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Bit confused with X's and Y's (I guess it's Y who wants her money back?) but if money changed hands, passport and receipt provided by the seller then it's the new owners horse - the new owner will have to agree livery with the YO for their horse to remain on the premises until it can be collected.

The seller had sold the horse - the buyer will have to work out how to get it to load.

That said as the orignial owner if I cared about the horse I might offer to buy the horse back from the new owner - with a discount for the cost of vets fees, readvertising etc. Who has the passport - old or new owner?
 

Moody-Mare

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Sounds to me like they both are. Owner should have stayed and helped and put a stop to things before the mare got injured. Poor mare has just had a foal and that is a big thing and then try to load her which is also stressful thats not fair

Buyer sounds just horrible letting the mare get injured from what you have said neither deserve horses they are a privilidge not a right
Totally agree with you webble! How can someone say they care for an animal but are willing to let strangers get it in to that state? Glad i wasnt on the yard when it happend, I couldnt have kept my mouth shut.. Already went out through the owner for telling the buyer she could take a chunk of the wee guys mane. He isnt keen on strangers at all:mad:
 

Moody-Mare

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girl X should have stayed throughout and seen them safely off the yard, this would have also prevented your horses mane being cut

You could argue that money changed hands so girl Y owned the mare and foal at time of loading and that it was her problem though I guess
It's tricky isnt it?

To make sure I red it correct Girl X took money of Girl Y handed over mare, foal & passport then just left yard leaving Girl Y to it :confused:
Yes.. Exactly!

Bit confused with X's and Y's (I guess it's Y who wants her money back?) but if money changed hands, passport and receipt provided by the seller then it's the new owners horse - the new owner will have to agree livery with the YO for their horse to remain on the premises until it can be collected.

The seller had sold the horse - the buyer will have to work out how to get it to load.

That said as the orignial owner if I cared about the horse I might offer to buy the horse back from the new owner - with a discount for the cost of vets fees, readvertising etc. Who has the passport - old or new owner?
The new owner has the passport. so techincally the mare and foal are sold.. I think there are faults on both sides?
 

tessybear

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Both a pair of morons.
Sums them both up, sounds like X doesn't give two hoots about mare and foal ! and that Y was either lacking the brain cells to ask for help and shows no concern for the horses health seeing as she left mare injured !!
 

Goldenstar

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They both are but the seller has shown a complete disregard for the mare loading mares and foals needs several people and to be done very calmly what a mess .
The seller should not have left a stranger on your yard alone that was out of order .
Why on earth did the buyer take a bit of your horses mane that's biarzze .
 

Moody-Mare

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Both a pair of morons.
They both are but the seller has shown a complete disregard for the mare loading mares and foals needs several people and to be done very calmly what a mess .
The seller should not have left a stranger on your yard alone that was out of order .
Why on earth did the buyer take a bit of your horses mane that's biarzze .
From what I can gather the buyer brough her husband and her elderly mother along to help:rolleyes:
A few months a go I wrote about a little coloured i took pity on and bought to try offer him a better start in life.. The mare came fromt he same place and was covered last year by my randy pony :rolleyes: but My little guy and her mare are in actual fact half brother and sister, so why she would want to admit to a inbred foal i dont know.. But if they had just asked permission and I had been there, I would have gladly gave them some hair:rolleyes:. Im fuming at the whole thing, people dont deserve horses! Especially idiots:mad:
 

Foxhunter49

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I think they are both idiots.
If the foal was loaded first and held at the front of the trailer, the mare would have gone in - and this is the correct way to load a mare and foal - always the foal first.
Ye vendor was wrong in leaving, the buyer was wrong in not asking for her to stay and help load. Both a pair of numpties.
 

DabDab

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I think girl X is extremely lucky that girl Y didn't take it upon herself to load up anything else in place of or in addition to the mare and foal - unbelievable stupidity.
However, legally the horses belong to girl Y as I don't expect that they were sold on the condition that she managed to load them.
 

galaxy

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Both parties are daft as brushes!!

I would suggest to X that she offers to contribute to the vet to come out to sedate the mare to load it (seen it done several time, horse sleepy enough to load without fight then you wait a little while for it to wake up before driving off). She shouldn't have to really as it is buyers problem, but it does seem a bit of a stale mate!! Otherwise the yard owner will have to do some sort of abandonment notice??
 

L&M

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Horrid situation and poor mare.

In my humble opinion, the horses now belong to Y. However X should have helped load and seen them off the yard.

I do wonder if X anticipated a problem hence getting out of the way, but still a very irresponsible and un-caring way to act.

Whenever I have sold a horse I have always loaded it myself, and watched it leave - psychologically to me that is when they are 'truly' sold, but legally once the money and passport is handed over surely the sale is completed?
 

freckles22uk

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Both in the wrong, seler is a bit stupid leaving them to load alone..

and cant understand a chunk out the mane, I have send hair samples for DNA and you have to send about 20 hairs WITH the root on...
 

YasandCrystal

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Totally irresponsible on the seller's part. She should have started preparation for travelling with the mare some time ago. How mean on the mare to just leave the responsibility with the buyer like that.

We once bought a mare that hadn't travelled for years and the owner helped us try to load her. She wouldn't load and rather than force the issue the owner said they would work with the mare and try again in a couple of days. Ended up that they got the mare loaded and started travelling only for the mare to start flipping out and go over in the trailer. They called the vet, got the mare sedated and took the mare back to theirs and refunded us. That was responsible of them , as we needed a horse that would travel and clearly this mare had some issues and the bad experience in the trailer would have reinforced that.

A tale I heard from my vet was he had to attend a horse that had almost severed it's suspensory - it had just been sold and new owner loaded it - flipped out there and fell down under partition panicked getting up catastrophically damaging suspensory. New owner was distraught at tragic event and loss of money for new horse. Food for thought.
 
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Moody-Mare

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I think they are both idiots.
If the foal was loaded first and held at the front of the trailer, the mare would have gone in - and this is the correct way to load a mare and foal - always the foal first.
Ye vendor was wrong in leaving, the buyer was wrong in not asking for her to stay and help load. Both a pair of numpties.
The foal was loaded first, but the mare seemiogly just would not budge other than gioing up and over on herself. Idiots.

I think girl X is extremely lucky that girl Y didn't take it upon herself to load up anything else in place of or in addition to the mare and foal - unbelievable stupidity.
However, legally the horses belong to girl Y as I don't expect that they were sold on the condition that she managed to load them.
Both parties are daft as brushes!!

Exactly my point, good job there was other liveries there!

I would suggest to X that she offers to contribute to the vet to come out to sedate the mare to load it (seen it done several time, horse sleepy enough to load without fight then you wait a little while for it to wake up before driving off). She shouldn't have to really as it is buyers problem, but it does seem a bit of a stale mate!! Otherwise the yard owner will have to do some sort of abandonment notice??
It's mental.. if i had the spare cash I'd take the two of them and pop them in a nice grassy paddock to relax for a few months.. but im affraid i cant:(

Horrid situation and poor mare.

In my humble opinion, the horses now belong to Y. However X should have helped load and seen them off the yard.

I do wonder if X anticipated a problem hence getting out of the way, but still a very irresponsible and un-caring way to act.

Whenever I have sold a horse I have always loaded it myself, and watched it leave - psychologically to me that is when they are 'truly' sold, but legally once the money and passport is handed over surely the sale is completed?
Its such a mess. I have lost all faith in her.. Girl X has already put a deposite down on another pony :rolleyes: and selling another to one of the counties most wanted..:rolleyes:
 

9tails

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Suspect girl X was outta there with her a*se on fire because she knew the mare was a sod to load and didn't want to hand back the money. What a charmer.
 

Moody-Mare

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Suspect girl X was outta there with her a*se on fire because she knew the mare was a sod to load and didn't want to hand back the money. What a charmer.
certainly not the case, X was totally honest with Y that horse had never travelled and couldnt have stressed this enough.. the only honest thing shes done!
 

el_Snowflakes

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Both sound like idiots. I would stay well out of it....however I would explain to the girl if she ever interferes with your horse again she will have the police to deal with.
 

Lizzie66

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Legally, I would have thought, the person who has the problem is likely to be person Y. Unless otherwise stated in a sale contract it is the purchasers responsibilty to remove their goods (mare and foal in this case) upon completion of the contract.

If person Y has effectively abandoned their horses on person X land then X would be entitled to claim costs involved in keeping them. Also if a vet is required this should also be charged to person Y.

Person X apparently informed person Y that the mare had not been previously loaded and person Y should have considered this information and made the sale conditional upon them being loaded onto the lorry.

Its one thing loading a much loved horse/pony that you trust, totally another trying to load a mare with an unpredictable 2 month old foal.

Morally you could argue that person X should have hung around to help, but the foal (or mare) could easily kicked out and injured person X , person X would then be left either trying to claim against person Y or having to carry any financial loss them self.
 

vieshot

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If she didnt want the mare then why has she bred it and created another that she doesn't want?
 

Gypley

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Amymay somtimes I bed to differ with your posts. But that one was spot on and highly amusing :D
 

Moody-Mare

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Well guys,

Transporters came yesterday and had the mare and foal loaded and off the yard within 10 minutes.. Thank goodness, as girl X had decided she wasnt paying for anymore feeding for the 2:rolleyes: and had also left a heavily pregnant pony in a strange field on its own last night, poor pony was in an dreadful state:(
I'm currently yard sitting atm, so called the YO and we agreed I should call Girl X and inform her. She appeared up at 9 in her pj's and put another pony in along with the pregnant one:rolleyes:

All ponies happy this morning- No babies yet!

Where do these idiots come from? :confused:
 
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