Horse Buyer Claiming False Advertisement
 
 

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Horse Buyer Claiming False Advertisement

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        04-11-2014, 10:04 PM
      #1
    Foal
    Horse Buyer Claiming False Advertisement

    A friend of mine recently sold her horse through an online listing. An out of state buyer contacted her, interested in the horse, and wanted to pursue purchasing the horse sight unseen. My friend provided all the information he could to the best of her ability and the buyer committed to buying the horse and payed to have it shipped several states away.

    The horse was listed as being almost 15 hands. Upon arrival, the buyer contacted him stating the horse was only 14.2 hands. This is the only complaint the buyer's have but they're claiming it's significant enough they won't keep the horse.

    My friend is not a professional but tried to be as accurate about the height measurement (and all other information) as she could be but may have mismeasured. The buyer opted not to see the horse in person and chose not to do a prepurchase exam.

    Is my friend obligated to buy the horse back? Can the buyer claim false advertisement on a mismeasurement?

    Thank you for any feedback or advice!
         
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        04-11-2014, 10:11 PM
      #2
    Started
    No. Buying sight unseen you get what you get. False advertising happens all the time in the horse world, which is why a wise person sees the horse in person.

    If I had a nickel for every horse height I have seen grossly overestimated, I would be rich. People need to learn to take accurate height measurements, but this is the buyer's loss in this case.
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        04-11-2014, 10:14 PM
      #3
    Foal
    Buyers loss. If the horses height was such a deal breaker for the buyer he should have measured the horse himself or had a pre purchase done and the horse measured.
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        04-11-2014, 10:49 PM
      #4
    Showing
    This is often a ploy to try to frighten the seller in to thinking there will be huge court costs, etc. but instead, will keep the horse if a substantial amount of the price paid is reimbursed. Her best bet is to not be drawn in to conversation and if it's by email, to ignore them but save them. If he calls, hang up. After the first contact, anything else is harassment.
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        04-11-2014, 10:53 PM
      #5
    Trained
    If it were me, I would take the horse, however, they would have to pay to haul it back. I won't want a horse I owned to be with an owner that doesn't want it. As far as obligated, no way, no how.
         
        04-11-2014, 11:07 PM
      #6
    Super Moderator
    .

    If the ad said almost 15 hands, 14.2 is almost 15 hands, next taller would be 14.3 and then the next "is 15 hands"

    Not to mention, depending if you uses a measuring stick verses a measuring tape it is very easy to miss measure .1 hands.

    I would tell your friend to tell them "sorry, I advertised almost 15 hands"

    When buying something it is "buyer beware" they have no legal case unless your friend said the Horse for sale is 15-0 hands or intentionally tried to deceive, even them I doubt the buyer has a lot of recourse.




    From Cornell Law Website:
    Caveat Emptor

    Latin for "let the buyer beware." A doctrine that often places on buyers the burden to reasonably examine property before purchase and take responsibility for its condition. Especially applicable to items that are not covered under a strict warranty.


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        04-11-2014, 11:25 PM
      #7
    Started
    Quote:
    Originally Posted by waresbear    
    If it were me, I would take the horse, however, they would have to pay to haul it back. I won't want a horse I owned to be with an owner that doesn't want it. As far as obligated, no way, no how.
    This is how I feel about it. Personally, unless I was in a situation where I couldn't take him back, I would take a horse that I cared at all about back. Of course, they would absolutely be the ones sending it back on their dime. If they want to, then that's great. If not, they are not obligated to.
         
        04-12-2014, 12:08 AM
      #8
    Foal
    Unfortunately, the horse returning may not be an option but we are going to work together to see of there's a way around it. The horse was kept at a high demand boarding facility and his stall has already been given to someone else. There aren't a lot of other facilities that aren't prohibitively expensive.

    We weren't sure if online ads were legally binding to be exact. It's possible my friend's measurement was obtained from a measuring tape - she was just getting nervous that she could be liable for a mismeasurement. I imagine if the horse was advertised as 15 hands and turned about to be 12 to 13 hands, that would be one thing. But, she wasn't believing me when I told her she couldn't be liable for a difference of 1 - 2 inches.
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        04-12-2014, 12:43 AM
      #9
    Started
    Exactly. If you advertised him as a 16hh tb and a welsh pony showed up, then there would be more of an issue...
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        04-12-2014, 12:56 AM
      #10
    Weanling
    It is just one of many ploys to get the price reduced. If you want to find something wrong, you will. You then just magnify its importance to the owner and keep the horse for a lower price. They knew they were going to get it lowered when they bought it.

    Certainly not criminal, but highly unethical.
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