Buyer wants refund
 
 

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Buyer wants refund

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  • Horse bill of sale disclosing stall aggression

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    04-25-2014, 05:09 PM
  #1
Foal
Buyer wants refund

12 days ago I sold my barrel horse. The buyer came out and rode her, then decided to purchase without a PPE. We agreed on a price and signed a bill of sale. 12 days later she calls me saying the horse is lame and she is demanding her money back. She took the horse to the vet for being lame on both fronts 10 days later. She stated that the vet stated it was a pre-existing condition but did not take any X-rays. I told the seller the only lameness she had was from an abcess on the medial(inside) front right heel, and that if she was going to ride her heavily I suggested shoes as she was currently barefoot since I never kept her in heavy work without shoes and didn't know how her feet would hold up. The mare has never been lame on both fronts while I have owned her, I also have clear x rays of her front feet from when I bought her two years prior.

Our contract states that the mare "is in good health" which she was when she left my property; her feed were trimmed two weeks prior, all shots coggins and deworming have been kept up with.

The contract also states "no guarantee or warranty, expressed or implied", which I relayed to her. She is now stating she will be at my barn tomorrow (the time she stated I will be teaching riding lessons at technically be at my place of work) with the horse expecting her money or another horse and mentioned my other horse, who would not be suitable for barrels any time soon as he is a yearling.

She also called me while at my other job numerous times an hour sometimes 6 times in a row.

Does she have a case against me, and can I do something about her harassing me?
     
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    04-25-2014, 05:13 PM
  #2
Banned
The contract doesn't state you would offer a refund, nor did she get a PPE. You don't owe her anything, and if she continues to harass you, get restraining and no trespass orders against her. Sounds like buyer's remorse to me.
     
    04-25-2014, 05:15 PM
  #3
Banned
I don't believe she has a case but I also wouldn't take her word for how the horse came up lame, she may have caused the horse to trip or something, and if needed you can file a protective order against her for any further harassment I would think since she is causing you grief in the workplace.
You might want to talk to an attorney if she continues.
     
    04-25-2014, 05:22 PM
  #4
Trained
Sounds like you covered your bases. She doesn't have a case. She signed a contract...without a PPE.

Offer to take the horse back. But there will be no refund. Have the contract in hand.
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    04-25-2014, 05:29 PM
  #5
Weanling
Yet again, another case of "Caveat Emptor" - let the buyer beware. Did you disclose the abcess/special shoeing before the sale took place? If you did, she was fully aware an issue might exist and she bought the animal as-is, as the bill of sale states - no warranty.

Take the horse back but no refund, and I would tell her after that behavior she is no longer welcome on my property. Someone calling me at work 6 times sends up the "Oh Look, It's A Nutcase" flag for me. I would also move your yearling temporarily. She sounds like she thinks she'll get a free horse out of this.
     
    04-25-2014, 05:30 PM
  #6
Green Broke
You're under no obligation to take the horse back or refund any money. It sounds like she probably did something to make the horse lame and wants to call it a "pre-existing condition" (honestly, what vet can make a diagnosis and assert that it's a pre-existing condition without even taking x-rays?)

If you are in a position to take the horse back and think it may suffer in her care, perhaps offer to take the horse back with a partial refund, but again, you're not obligated to do so.
Mulefeather likes this.
     
    04-25-2014, 05:32 PM
  #7
Showing
.

Caveat Emptor .... buyer beware

She elected not to have the Horse checked out.

The only law broken is her harassment of you.

Tell her if she call again you will report her to the authorities

.
Speed Racer and horsedream568 like this.
     
    04-25-2014, 05:34 PM
  #8
Foal
Quote:
Originally Posted by Mulefeather    
Yet again, another case of "Caveat Emptor" - let the buyer beware. Did you disclose the abcess/special shoeing before the sale took place? If you did, she was fully aware an issue might exist and she bought the animal as-is, as the bill of sale states - no warranty.

Take the horse back but no refund, and I would tell her after that behavior she is no longer welcome on my property. Someone calling me at work 6 times sends up the "Oh Look, It's A Nutcase" flag for me. I would also move your yearling temporarily. She sounds like she thinks she'll get a free horse out of this.
Yes she was informed of the abscess and shoes prior to signing the contract. We've already moved my yearling as we didnt want her coming in the night and taking him or something crazy.
She's been advised if she shows up tomorrow a member of our local police department will escort her off the property.
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    04-25-2014, 05:39 PM
  #9
Yearling
You are under no obligation to take the horse back or offer a refund. But with the behavior she has displayed, if it was me personally I would want to get the horse back (with no refund given). This lady seems off her rocker, it's possible she did something to make the horse lame, and I would question what would happen to the horse if left in her care.
SouthernTrails likes this.
     
    04-25-2014, 06:41 PM
  #10
Started
I agree with what everyone else has said. She declined the prepurchase exam, and you have a contract stating that the horse is sold as is. You do not owe her a thing. Personally, if you are able to take the horse back then I would offer to, though she gets no refund at all and needs to pay any applicable charges to transport the horse back to you. If it were my horse I would not want it to run into a bad situation because this lady obviously doesn't want it, but if you can't or don't want to take the horse back then you are not obligated to.

Tell her that she signed a contract declining the prepurchase exam and buying the horse as is, and that she will be getting no refund. If you are open to taking the horse back, then tell her that you are willing to do so at her expense, and that if you hear from her again for any other reason them you will be pressing charges for harassment.
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