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Post by Beingunreasonable on Dec 26, 2017 20:21:35 GMT
So I am not a dealer in any shape or form, but would be classes as a professional as I do horses for a living. I sold a pony 6 months ago, sweet pony, had been ridden by kids with me and from the people I bought him off. So I sold him as a kids pony, which from what I observed of him, was a perfectly good way to describe him. People cake along, tried him once, loved him and collected him- never heard a jot from them until recently, 6 months after buying him. Apparently he has done all these dreadful things, she is claiming he's not a child's pony and various 'professionals' ( and I use the term lightly as you never really know! ) have said he has been sold unfit for purpose- yet she told me on the phone that she has paid other more capable children to ride him and that's been fine?
Also has claimed she has spoken to people we bought him from and they have apparently told her he was not suitable for a child, after hearing this, I did some digging and found pictures from only a few weeks before I purchased him with multiple small children riding him, videos of them jumping him and riding on the road? So somewhere along the line someone is telling porkies! !
I tried to offer a few solutions, despite being a bit perplexed as to why I was only hearing about this 6 months after and not after the apparent 1 week when he started? One solution being a part exchange for a similar pony.
I'm just wondering where I stand? She has apparently advertised him - I did try and inform her that before Xmas wasn't really the best time of year. I just feel that her trying to make me take him back is a easy cop out as we all know selling ponies can be a drag sometimes. Any help will be welcomed!
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Post by ponymum on Dec 28, 2017 10:57:08 GMT
I would just collect as much evidence as you can to prove he was a safe "childs" pony incase they try to go legal on you and leave it with them. As you have stated they were obviously happy with the pony at the beginning otherwise, why buy him in the first place? Definitely sounds like they are trying it on x
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Post by sjw87 on Dec 28, 2017 11:11:03 GMT
Legally, I believe that there is a timeframe that they should have complained in in order to return for a refund. Best to seek legal advice to ensure that the information you have is 100% correct.
Morally, I don't sell often and would probably always take a pony back to sort out and find a better home for than worry about it being sold on by someone who may not care so much about where it goes. I do appreciate that's a personal decision though and not suitable or possible for everyone.
Sent from my SM-A300FU using proboards
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sarahp
Happy to help
Posts: 9,510
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Post by sarahp on Dec 28, 2017 12:16:38 GMT
BHS legal helpline is very good if you are a member. I had this - sold a D and they came back 6 months later wanting their money back. With the best will in the world, things can go wrong with a pony in that time scale which would be none of your fault. I would have taken her back but not refunded the money. Why should I, speaking rationally, when I'd done it all honestly in the beginning, they'd bought her and then trashed her, poor mare. I too collected evidence in case they tried to sue me but nothing came of it. I'm glad to say that thanks to FB I know that the mare is now safe and doing well in a great home.
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Post by bigmama on Dec 28, 2017 17:41:57 GMT
Tell em that the pony was fit for purpose whilst in your keeping AND at the time of sale (if, of course he was) and that you cannot vouch for him six months later when anyone/anything could have happened. It would be difficult for them to prove otherwise for they would not have bought pony had he been difficult at the time. Keep it short and sweet. It is up to them to take it further.
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Post by Beingunreasonable on Dec 28, 2017 20:47:32 GMT
Thanks all.
Have kept it short and sweet, apparently the behaviour started within a week? But again I was not made aware until now. I tried to contact bhs but they're closed until start of Jan. The lady refers to the sale of goods act, which would mean I am a dealer - however I sold 2 ponies this year, including him, I don't make profit as such as it all goes into funding competing my horses. So don't know how this works?
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Post by bigmama on Dec 28, 2017 21:10:11 GMT
Thanks all. Have kept it short and sweet, apparently the behaviour started within a week? But again I was not made aware until now. I tried to contact bhs but they're closed until start of Jan. The lady refers to the sale of goods act, which would mean I am a dealer - however I sold 2 ponies this year, including him, I don't make profit as such as it all goes into funding competing my horses. So don't know how this works? Horse-dealer definition: a person who buys and sells horses as a profession. How the profit arising from the sale of horses is spent is irrelevant. If you purchased your two ponies this year with a view to selling them on for profit then yes, that could be seen as dealership but you would have to consult a specialist in Equine Law for clarification.
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Post by dancer on Dec 31, 2017 21:19:19 GMT
I don't know the legal stance on it but surely even the 'sale of goods act' has a time limit attached?
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Post by Philippa on Jan 1, 2018 6:29:00 GMT
I don't know the legal stance on it but surely even the 'sale of goods act' has a time limit attached? 6 months I think
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Post by kateanne0 on Jan 5, 2018 20:11:38 GMT
Thanks all. Have kept it short and sweet, apparently the behaviour started within a week? But again I was not made aware until now. I tried to contact bhs but they're closed until start of Jan. The lady refers to the sale of goods act, which would mean I am a dealer - however I sold 2 ponies this year, including him, I don't make profit as such as it all goes into funding competing my horses. So don't know how this works? The rules for selling ponies/horses has changed and it is not just dealers that can be 'called to order' legally. Anyone, dealer or private individual, must state all or any quirks etc that the animal may have/had. To knowingly not disclose such facts would leave them open to legal action. I'm not saying that you haven't told them 100% truthfully about the pony but I think that is what they might be inferring.
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Post by sjw87 on Jan 6, 2018 15:47:35 GMT
As far as I'm aware, with private sellers the horse must be 'as described'.
With business sellers, they must be both 'as described' and 'fit for purpose'.
There are time limitations though, especially in terms of making the initial contact to communicate a problem.
Sent from my SM-A300FU using proboards
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Post by kateanne0 on Jan 10, 2018 15:23:23 GMT
As far as I'm aware, with private sellers the horse must be 'as described'. With business sellers, they must be both 'as described' and 'fit for purpose'. There are time limitations though, especially in terms of making the initial contact to communicate a problem. Sent from my SM-A300FU using proboards As far as I am aware, the law changed about 2 years ago. Private sellers are obligated to inform/advise the potential buyer of anything that affects the pony. e.g. laminitis, sweet itch, bolting, etc. etc. So dealers and private sellers now fall under the same laws. There was another thread quite a while ago where I gave the link.
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Post by kateanne0 on Jan 10, 2018 15:27:08 GMT
Thanks all. Have kept it short and sweet, apparently the behaviour started within a week? But again I was not made aware until now. I tried to contact bhs but they're closed until start of Jan. The lady refers to the sale of goods act, which would mean I am a dealer - however I sold 2 ponies this year, including him, I don't make profit as such as it all goes into funding competing my horses. So don't know how this works? So, you do make profit? It just goes into running your own competition horses? I think you might find that you could be 'considered' a dealer? Just make sure that every last bit of information on the pony is documented and get the buyers to sign so that each has a copy of the information given. Check the laws, they changed private individuals will be treated the same as dealers.
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