Wrong purchase

No real advice, just a bit of sympathy from someone who never had the horse I bought... I persevered and I'm getting somewhere now but it's been hard. My biggest regeret was not having his bloods tested in time (you live & learn)

Is it something that is clear cut? or could they argue that it's an issue since the sale? how long have you had horse?
 
:)We've had a few horses like this you get them and they are nothing like they described we just get them on trial before buying them now. Try ringing them up and complaining if not just go and see them in person or even put the horse in the trailer and take it back to the yard or whatever... they will sharp get a shock. Just dont give up. We've had 3 that we bought and turned out nutters in the end they did take them back (took 2 year to get our money back off one) If not just sell him again but for what he realy is. Depends how much you paid and who you bought him off but you might be able to take them to court you will have to look into it? :confused: Good Luck though
 
I know that clients of my husband (2) have successfully sued and got heir money back for horses sold not being as described.

I thought about suing my seller of my WB - she lied through her back teeth. He was full on aggressive very soon on arrival :( I just hope what goes around comes around.
 
I'm a little concerned with the speed with which some people would suggest suing, without any real information of the problem that the OP is experiencing with her purchase.

So many people have been victims of both dishonest dealers and private sellers, but there are always two sides to a story IMO, and I dont think we have both here as yet.

IMO buyers can be equally dishonest, overstating their abilities, try the horse just once in a paddock and then complain loudly when they get it home and it is a feisty ride XC etc. Especially when said seller has queried if this horse is right for them and been assured they are more than capable for it.

Also I believe that those people who have had several occasions to return different horses they have bought, really ought to re-assess their ability to judge a horse on trial and inspection? Maybe start taking somebody more knowledgeable with them?

Many years ago I sold a very talented 14.2 , 8 year old Sj to a 16 year old girl. They tried the pony several times and also had their RI try him. Passed a thorough vetting and off he went to his new home. 2 weeks later I had an abusive telephone call from the mother demanding at least half the purchase money back as the pony was lame, dangerous to ride , but apparently they would still keep him as the daughter had fallen in love with him! Threatened to sue etc. etc. - I was rather concerned and couldn't think what they had done with him in 2 weeks to cause the lameness and character change.

One week later a friend from their neck of the woods saw the girl competing him at a local show, she won 2 firsts and the pony was totally sound and sensible to jump. Next time the mother phoned me with more of the same I threatened her with the police for attempted blackmail!

So sometimes, complaints from buyers aren't as honest or straightforward as they might initially seem.
 
Lucy Graham said:
:)We've had a few horses like this you get them and they are nothing like they described we just get them on trial before buying them now. Try ringing them up and complaining if not just go and see them in person or even put the horse in the trailer and take it back to the yard or whatever... they will sharp get a shock. Just dont give up. We've had 3 that we bought and turned out nutters in the end they did take them back (took 2 year to get our money back off one) If not just sell him again but for what he realy is. Depends how much you paid and who you bought him off but you might be able to take them to court you will have to look into it? :confused: Good Luck though
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grumpyoldmare said:
Also I believe that those people who have had several occasions to return different horses they have bought, really ought to re-assess their ability to judge a horse on trial and inspection? Maybe start taking somebody more knowledgeable with them?

.
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Indeed......
 
This is one off my biggest pet hates.
Take responability for your own actions!
You tried the horse, you had the horse vetted, hopefully took a experienced person with you and hopefully even tried the horse for a 2nd time, you decided you liked the horse and you brought it.
Buyer beware sorry
 
Tinseltoes said:
Oooh attitude.
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Another school kid ;)

OP I realise this is an old thread, but to be honest there is often very little that can be done. Even with a 5 stage vetting and detailed receipt, if the seller is not wanting to be helpful, it can be very difficult to reach any sort of agreement :(
 
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Trading standards and then small claims,we are all governed by the law,even horse dealers or private sellers. One I bought a dud from ,described as a private seller,actually turned over enough horses per year to qualify as a dealer,and it is not that many surprisingly.
Often just the mention of these procedures will effect a result.Don`t warn..just do.
 
I tried the legal route once with a private buyer, and they only thing i got was a bill from my solicitor.

Op - do you have anymore detail ? What exactly isnt as described
 
Lucy Graham said:
:)We've had a few horses like this you get them and they are nothing like they described we just get them on trial before buying them now. Try ringing them up and complaining if not just go and see them in person or even put the horse in the trailer and take it back to the yard or whatever... they will sharp get a shock. Just dont give up. We've had 3 that we bought and turned out nutters in the end they did take them back (took 2 year to get our money back off one) If not just sell him again but for what he realy is. Depends how much you paid and who you bought him off but you might be able to take them to court you will have to look into it? :confused: Good Luck though
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A few? A few??? I've been buying for over 30 years and never had one that I would have returned. You sound like a buyer from hell. I post under my own name. If you ever see a horse advertised by me PLEASE don't come and see it :eek:
 
cptrayes said:
A few? A few??? I've been buying for over 30 years and never had one that I would have returned. You sound like a buyer from hell. I post under my own name. If you ever see a horse advertised by me PLEASE don't come and see it :eek:
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Lol, was just thinking exactly the same!
 
I would agree that there are always two sides to a story and that many people are to quick to reject a horse. I always allow myself 2 years to get used to a new horse. I know this sounds a long time.

In theory you have greater protection when buying from a dealer than a private home, however there is nothing stopping you taking the seller to court, however be aware that employing a solicitor, possibly a barrister, expert witneses etc. will result in a sizeable bill of many thousands of pounds.

If you can prove that the sellers did not tell the truth then for a very small fee you could take them to the small claims court. You can do this online.

https://www.moneyclaim.gov.uk/web/mcol/welcome

It is important that you keep a copy of the original advert and also a trascript of everything that was said (this is why it is always important to take somebody with you).

If the person selling the horse has stated or implied anything in the advert or said anything that later proved not to be true then you may have a case.

You shoud also check that they have not sold other horses and are pretending to be private sellers when infact they are dealers..
 
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.
 
We bought a first/second pony for our daughter 5 yrs ago....a lovely 13h sec b , very pretty..........she was nothing like the ad described..........the reality hit home very quickly.:eek:.........however we stuck with her and shes been the best pony ever........goes like a rocket..jumps 3 ft...daughter is having the time of her life with her....not a first pony though!!!
 
EAST KENT said:
Trading standards and then small claims,we are all governed by the law,even horse dealers or private sellers. One I bought a dud from ,described as a private seller,actually turned over enough horses per year to qualify as a dealer,and it is not that many surprisingly.
Often just the mention of these procedures will effect a result.Don`t warn..just do.
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How many horses a year qualifies someone as a dealer, just out of interest...?
 
cptrayes said:
A few? A few??? I've been buying for over 30 years and never had one that I would have returned. You sound like a buyer from hell. I post under my own name. If you ever see a horse advertised by me PLEASE don't come and see it :eek:
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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
 
I think the nub of the problem is that what is a 1st pony to some, is a problem for others - as everyone's perception of what is "as described" is different. What I feel comfortable riding might be very difficult for a less experienced or nervous rider (and many, many people nowadays seem to overestimate their abilities).
 
Chalk it up to experience, unless very expensive and actually half dead from pre-existing condition that had been deliberately covered up by seller and/or genuinely is trying to kill you for no reason. Then I would definitely want money back.
 
Cobiau Cymraeg Wyllt said:
How many horses a year qualifies someone as a dealer, just out of interest...?
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My friend sued and won in 1990 and the figure then was more than 3 in a year.

People who want to sue might like to note though, that while he won, the woman he sued made herself bankrupt, he never saw a penny of his money and was £10,000 down in legal fees.
 
The Sale of Goods Act does not apply to sales between two private individuals, equally it does not apply to sales between two "professionals".

As a private buyer from a private seller your only recourse is if they knowingly misrepresented the truth.

So if your new pony box walks and they said it was vice free, and they kept the pony at grass and never put it in a box then they would be more than likely to win any legal action as they would not have been in a position to know of the "vice".

It can also be difficult for a private seller to be aware of some vices, if they are competent then a horse/pony that may nap with someone less confident may be as good as gold for them. So they could quite truthfully say it hacks out on its own, however with someone less confident and in a strange place it may become a total nervous nelly and not want to leave the yard.

The success of any legal action is likely to be dependent upon the judge, the level of discrepancy between what you thought you were getting and what you did get, and any evidence. a third party that you took with you to a viewing would not be deemed to be an independent witness.
 
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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