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Post by colouredcob2 on Jun 6, 2017 20:55:11 GMT
I sold one of my cobs 3weeks ago and I was contacted on Saturday by the buyer to say she was having problems hacking him out and he was no safe and wanted to return him for full refund. I owned him for a year and a half and he was sold to me as a safe hack which he was the whole time with me, he was not a novice ride although he had been ridden by novice riders both with me and in home before me as he could be a bit spooky and at times took confidence from the ride, this was just a little leg to reassure him but 99% of the time he walk past anything as he was a forward little cob. I have spoken to my solicitor and I have been told I have done nothing wrong and I don't have to give a full refund or take him back as he was sold as seen and tried. Im just worried about what could of happened to him to behave like this as he was such a genuine boy the whole time with me. I sold him as I had two cobs and could only show one at one time and so wanted a hunter type to show so at the same show in different classes and as the cob I sold was so easy I put him up for sale and have just bought a new horse so I'm not in the position to buy the cob back. I also feel that an issue has been created since selling him for what ever reason or what they have done to him I don't know but he not the cob I sold and so not worth the full refund. Has anyone been in a similar situation to advice me ? Please be kind as I'm gutted and still can't believe he being a problem.
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Post by kateanne0 on Jun 7, 2017 13:28:10 GMT
Did you have/give a receipt as 'sold as seen and ridden and not a novice ride'?
You need to try and establish some facts: who has been hacking him out, the buyer or someone else perhaps someone with a lack of confidence? Is he perhaps more confident in a hack out with others, you mention this in your text, and has been hacked out alone in his new home too quickly? Is the traffic much heavier in the new home than it was in yours?
Try to be fair to the new owners, maybe you could pop along to see him ridden to establish what is wrong. It takes time for a horse to settle into a new home and at 3 weeks he may still be unsettled by his new environment.
I'm not a solicitor so can't give legal advice, what I would say is that if he was tried and hacked out in company and alone by the potential purchasers, they were advised he could be a bit spooky on his own and you have been completely honest (no offence intended), then you've had an honest sale and may not be liable to take him back.
If it were one of my horses I would help the new owners as much as I could to try and get him settled.
Hope the above helps.
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sarahp
Happy to help
Posts: 9,510
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Post by sarahp on Jun 7, 2017 16:52:22 GMT
I found the BHS legal helpline very useful when something similar happened to me, available to members.
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