Wrong purchase

TrasaM said:
The sale of goods act is very clear about what is and is not acceptable. This will cover sales by private treaty and there was an amendment in 2008 about mis description of livestock/ goods. A clarification I suspect of the 'fit for purpose intended' clause. Having it in writing helps I'm sure but if there was an original advert and you can prove that your horse is not as advertised then you should be ok.
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lol, if only.

Very, very hard to prove. We have a problem found by a garage days after purchasing a fairly new towing vehicle from a dealer. Hadn't even towed anything. Over 6months down the line we are still chasing our tails. With letters, recorded phonecalls, court summons, independant garage reports etc. Now if that's an inanimate object that won't change for different garages inspecting, try to get several people agreeing that a horse was not sold how it is.

Sellers will claim they told you the problems, or that you never asked and they never mis sold, or that it was damaged by you and was fine when it left them. If it was vetted and passed this will count against you, if it wasn't this would count against you.

Only go through this way as a last resort, trust me it will cost you a fortune in time wasted and frustrate you for months, often to have no conclusion.

By all means do it if the horse has been truly mis-sold, but make sure you have your evidence and still be prepared for a loss, it is definitely not a simple thing to do!

Sorry for this post and I don't mean to do a downer on it and wish the system worked better, I just don't want you to go in thinking it will be a quick painless process.

Pan
 
MagicMelon said:
Exactly as Lizzie66 says. Everyones opinion is different, one person may think something a horse does is a big problem whereas someone else wouldnt be bothered by it. Also, horses change depending on whose handling them, some more so than others; I sold a horse a few years ago who could 'test' people, he was a very clever horse who summed a person up just by looking at them - if you looked like a woose he'd walk all over you! I was extremely truthful when I was selling him and told everyone exactly how he could be and that he needed to be respected and handled in a certain way to get the best out of him. I sold him to a lady who said she could handle him - she called me after 5 days telling me that he'd had her up against walls squishing her, broken numerous lead ropes charging off and bitten her to the point that she had bruises. None of this he had ever done with me! I took him back immediately and refunded her money in full (because I wanted my horse to be happy in a good home and they clearly didnt suit each other). I then sold him to a 14yr old girl, having explained how he'd been with the previous person, yet she's had no problems with him, only little ones that I had had (and told her about). But what Im saying is that a horse can be nuts with one person and fine with another, there doesn't always have to be a nasty dishonest seller element to it at all.

OP, have you given the horse time to settle? Have you contacted the seller?
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TOTALLY agree with this ^
 
YorksG said:
Agree completely, I do wonder what people think they are buying, if you have tried the animal and can trust your own judgement then you are unlikely to end up in this situation more than once, surely.
I have to say, to paraphrase Lady Bracknell, to buy one wrong un is unfortunate, to buy two is merely careless :D
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That is very good. :D

I don't know, I don't think you really know what you are getting when you buy a horse. How much can you tell about a horse from trying it once or twice, reading a rose tinted description and asking some questions to someone who is trying to sell you something? They're all amazing on the adverts and they're almost all imperfect in some way nobody mentioned when they arrive, usually something minor, sometimes something major.

TBH OP, I think you're probably best just trying to sell it again if its not what you want.
 
Many years ago I sold a horse who, despite being lovely, was not anovice ride. A woman came to try her and brought a 12yr old girl with her. I said the horse wasn't a novice ride and she insisted that the horse was for her, not the daughter.
They tried it twice and had it vetted and then bought it.
I had very clearly said on more than one occasion that although the horse was nice, she was NOT for a novice child. Each time assurances that child wouldn't be riding it etc etc

So 1 week later I get a phone call from the silly cow saying that the 'dangerous' horse had bucked her daughter off and what was I going to do about it???

You couldn't make it up - buyers are just as bad as sellers!

:D
 
Yup, I once sold a horse clearly advertised as a dressage schoolmaster, NO jumping (he was an ex-eventer who'd got cheesed off with jumping, very nice flatwork). Within a month I got a call complaining that the horse didn't jump and they wanted to return it. The girl had won every dressage and showing class entered, but I still got an earful of abuse about the mis-sold horse. Told 'em to sue me; never heard another word.
 
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