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Post by ??? on Feb 9, 2016 12:47:33 GMT
Over 2 weeks ago we sold a pony to a buyer, they chose to buy said pony unseen, we had had at no point said or implied they couldn't view said pony, the thing that confused me most is that they weren't that far from us. They asked questions about him, and I answered as accurately as I could. Said pony had been very straight forward with us, i had different children at different ages and ability on him no problems.
They arranged a transporter and he was picked up, now over 2 weeks later im having unpleasant messages from the buyer accusing me of selling a lame pony, she is suggesting that he is unfit for purpose, apparently multiple 'professionals' have said he is too lame to be ridden.
Now we are no novices, we would never sell a lame pony, i have witnesses at the yard he was at with us that know he was sound with us, the buyer told me he is living out with other horses, so the possibility of him being kicked by a bigger horse is certainly a possibility. She is now insisting i pay her a full refund, plus the money they spent on transportation and then it is our responsibility to bring him back, for a pony that will be returned to me 'lame' and will need to have money spent on him for vetinary attention. Advice please
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Post by willyymint on Feb 9, 2016 13:36:37 GMT
As you are not a dealer they will have little recourse. You have to decide what you want to do te the pony.
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Post by bigmama on Feb 9, 2016 14:25:04 GMT
Politely tell her that she will have to prove in a court of law that the pony was sold knowingly unsound and that all future communications must be made only through her and your solicitor
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Post by Philippa on Feb 9, 2016 15:11:05 GMT
Politely tell her that she will have to prove in a court of law that the pony was sold knowingly unsound and that all future communications must be made only through her and your solicitor Agree. They are trying scare tactics by the sounds of it. Not a leg to stand on. If the pony was lame they should have contacted you immediately
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Post by ponymum on Feb 9, 2016 15:35:21 GMT
The pony was not vetted or tried by the buyer so she really has no rights.
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Post by ??? on Feb 9, 2016 15:43:34 GMT
Thanks all, she has been repeatedly telling me that multiple professionals have told her she is within her rights to ask for that sum of money back, and apparently they have said he isn't fit for purpose and is lame, but I am yet to receive any actual evidence of this lameness
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Post by kateanne0 on Feb 9, 2016 15:52:45 GMT
I agree with Bigmama and Philippa, however, my understanding is that a 'dealer has less protection than a private seller, two references below. However, somewhere along the line I have heard that due to new laws the private seller may also have less protection, therefore, it is imperative that a written contract should be drawn up on the sale of a horse/pony. www.inbrief.co.uk/animal-law/sale-of-a-horse.htmwww.equinelawuk.co.uk/news.asp?NewsID=25Below, I am stating facts, I am in no way implying that guest with 3 x 's was not honest or forthcoming about the pony! It is vitally important when buying that relevant questions are asked, vices, lameness including intermittent undiagnosed lameness,laminitis, sweet itch, behavioural pattern's etc, etc. Therefore, it should be expected that when selling, full information should be given to the prospective buyer, even if the buyer doesn't ask a specific question the seller should none-the-less disclose to the buyer all known information about the pony/horse. After all, a person's life may hang in the balance. What I don't understand, is why a person that lives close to the area would buy a pony unseen, or a seller sell a pony to unknown buyers without getting references?
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Post by maxandpaddy on Feb 9, 2016 17:25:25 GMT
I totally agree with everything above BUT knowing me if it was a pony/horse I cared about I would take it back, simply because I'd worry about what would happen to it if I didnt, and the mentality of a person that would buy a pony unseen and keep it 2 weeks before complaining, sayings its lame
I suppose the choice is yours, and whether you could afford the possible vets fee
Tough one ...good luck xxx
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Post by Deleted on Feb 9, 2016 19:45:36 GMT
I agree with Maxandpaddy. If you care about the pony, and it sounds like you value him as a safe ride, I'd take him back if you can afford to. These people may not be the best home for him. Good luck
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Post by bigmama on Feb 9, 2016 21:04:19 GMT
The links provided by kateanne0 make for interesting reading
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Post by kateanne0 on Feb 10, 2016 14:01:07 GMT
Thanks all, she has been repeatedly telling me that multiple professionals have told her she is within her rights to ask for that sum of money back, and apparently they have said he isn't fit for purpose and is lame, but I am yet to receive any actual evidence of this lameness The new owner should have the pony checked by the vet to confirm exactly what is wrong with the pony and have the result in writing before you go any further. Once a vet's report is available you will be better able to make an informed decision. Many years ago we bought a lovely pony and 2 weeks in she was lame, it was a foot abscess, the seller had no idea that there was a problem at the time of sale, just one of those unfortunate coincidences and we will never know if she came with it or it occurred soon after she arrived. Best interests of the pony have to be considered, as said by others. Hope the situation is resolved soon for you and the pony.
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Post by mcnaughty on Feb 12, 2016 13:34:37 GMT
I would definitely be inclined to ask for a vet report on the lameness - that is IF you want to get into discussion with the buyers! Do you have email or text proof of their unwillingness to vet or see the pony before purchase? Poor you, you must be very upset. I know I would be!
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Post by Dynamo1 on Feb 12, 2016 14:06:13 GMT
Caveat emptor! Let the buyer beware!
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Post by tangerine on Feb 12, 2016 14:15:01 GMT
I sold a pony many years ago for a person who was very ill. It was a genuine family pony all rounder. After 6 weeks I got a message saying the pony was coming back as she wasn't safe it traffic. They had hacked her out almost every day since having her and now suddenly she was not safe in traffic. Alarm bells rang thinking she must have had an accident/scare since being bought. I asked an equine friendly solicitor to write a letter saying all the right things, it cost me £45 and this was about 20 years ago but I never heard from them again. Good luck, but take some legal advice
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Post by kateanne0 on Feb 12, 2016 18:58:32 GMT
I sold a pony many years ago for a person who was very ill. It was a genuine family pony all rounder. After 6 weeks I got a message saying the pony was coming back as she wasn't safe it traffic. They had hacked her out almost every day since having her and now suddenly she was not safe in traffic. Alarm bells rang thinking she must have had an accident/scare since being bought. I asked an equine friendly solicitor to write a letter saying all the right things, it cost me £45 and this was about 20 years ago but I never heard from them again. Good luck, but take some legal advice Agree with above, and,if you are a BHS Gold Member you can get free advice
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sarahp
Happy to help
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Post by sarahp on Feb 12, 2016 19:21:04 GMT
BHS legal helpline were great when I had a similar problem, well worth joining BHS for. I had also kept all records of letters, posts on FB etc saying how pleased they were with her etc. Didn't need them as it happened, but might have done.
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Post by sageandonionagain on Feb 13, 2016 18:26:55 GMT
As above bigmama's reply.
So sad for this pony. Personally I would have him back after asking for her vet to provide a report. I would accept I had made a big mistake selling the pony without viewing the buyers as was my responsility to him and I would not make him pay for my mistake further by having a very uncertain future indeed.
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Post by gillwales on Feb 14, 2016 18:45:16 GMT
If you sold the pony in good faith then you have done everything you can do. I think it is unfair of some HG members to put preasure on the OP to take the pony back, from how I have read the post the pony had been kept at a public yard, it may be that the stable or space that this pony had has been let to somebody else, it may be that it was sold due to financial reasons.
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Post by sageandonionagain on Feb 14, 2016 19:14:58 GMT
My post wasn't to put the buyer under pressure. I did say this is what "I" would do and if the seller is not in a position to accept return of the pony then that is that. However, the seller, speaks highly of the pony and the poor soul is the most important consideration here. In my opinion no seller should sell over the phone or over facebook or whatever and no buyer should buy this way either. It is just not fair on any animal to be traded like this and absolutely unnecessary, particularly as the buyer was fairly local so had no good reason not to view.
The buyer has not a leg to stand on so the seller is pretty much in the clear. However, where does that leave the pony? Someone has to take responsibility for him falling into sad circumstances and if the seller is at all able to she should step up to the mark or we have another sad case passed from pillar to post.
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Post by gillwales on Feb 14, 2016 21:10:40 GMT
Sageandonionagain you were not the only person who has urged the OP to take the pony back, and if it is possible for the OP to do so then that is fine, but I felt the need to point out that the OP might not be in a position to do so. If the pony did come back I would make certain it was with a Vet's report and that any costs were deducted from the price of the pony.
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Post by Deleted on Feb 15, 2016 21:26:25 GMT
I'm sorry but I would take the pony back if at all possible. I don't see that anyone has put pressure on the OP in this respect though. I think we're all acknowledging a very difficult and sad situation
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Post by stormyskies on Feb 26, 2016 18:05:53 GMT
The same thing happened to me but after about 4 months.
I can pass on the legal advice I was given......
Do not enter in to any correspondence with the person. If they want to take it further it is up to them to pursue it down the correct legal channels.
If this happens- Collate evidence the pony was fine for the first 2 weeks, e.g. Texts, e mails, fb etc Gather your own evidence that will vouch for the soundness of the pony, e.g. From professionals, your vet etc Again don't enter into any correspondence unless it's from a solicitor on headed notepaper with a contact.
You will find you won't get past the first stage. If you don't open up any correspondence then they have no choice but to go through legal channels. Ignore, but save, any e mails, texts, phone calls, letters as all will be just scare tactics.
Good luck
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