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Horse Buyer Claiming False Advertisement

This is a discussion on Horse Buyer Claiming False Advertisement within the Horse Law forums, part of the Horse Resources category

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        07-18-2014, 10:47 PM
      #31
    Weanling
    This is kind of absurd! Height measurements can vary on the same horse. Because a horse's scapulas are not rigidly connected to their bodies, they can measure differently depending on the way they're standing, and how relaxed/tense they are. How they're holding their head and how long it's been since their feet have been trimmed can have an effect too. I have a measuring stick with a level on it. I've measured my horse a few times, while she is standing square on level concrete, and have measured anywhere from 16.3 to 17.1 hands, usually depending on how she's holding her head. She also sometimes leans away from the stick a little, so even if her feet are square, she's not standing 100% upright so I lose and inch or two on her. It's easier to miscalculate with a tape as well.

    I don't think this buyer has a leg to stand on. The ad didn't even give a specific height. If it just said she was almost 15 hands, that's not a quantitative description and no promises were made.
    bsms likes this.
         
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        07-19-2014, 09:25 AM
      #32
    Showing
    Now that the issue of height has been well discussed, I'm wondering how the seller has dealt with the situation.
         
        07-19-2014, 11:48 AM
      #33
    Started
    Quote:
    Originally Posted by Saddlebag    
    Now that the issue of height has been well discussed, I'm wondering how the seller has dealt with the situation.
    I'd also be curious to know.
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        07-19-2014, 05:42 PM
      #34
    Foal
    I would think this is the situation where if she's actually not interested in the horse a mere two inches shorter, she could turn around and sell him herself to someone else. 14.2 is almost pony size and any 8 year old can ride him. A bigger lady like me would likely not want to try that. I wish you the best. Buying a new horse and getting it right is hard, IMHO it's better to be flexible and just sell him yourself than putting him on a truck back.
         
        08-04-2014, 10:03 PM
      #35
    Weanling
    Quote:
    Originally Posted by churumbeque    
    I would hire a professional to measure the horse at its new location and if it is indeed 14.2 she should pay to get her horse back. 14.2 is a pony , you should be with in an inch of measuring a horse. Size can be very important in some instances.
    I respect the fact that you believe so strongly in your facts. I do understand there are many areas in which size really does matter. I'm also certain that if you were purchasing a horse that needs to be suitable for... you would get off your rear, or at least hire a vet to do a PPE, and make certain the horse in question was suitable.
    This situation screams fraud on the buyers part. They were too lazy or cheap to verify anything about this horse. The only true victim is the horse, second in line is the seller. The buyer knew exactly what he/she was doing.
    waresbear likes this.
         
        08-09-2014, 05:27 PM
      #36
    Weanling
    Any updates?
         
        08-09-2014, 05:28 PM
      #37
    Green Broke
    Quote:
    Originally Posted by KsKatt    
    I respect the fact that you believe so strongly in your facts. I do understand there are many areas in which size really does matter. I'm also certain that if you were purchasing a horse that needs to be suitable for... you would get off your rear, or at least hire a vet to do a PPE, and make certain the horse in question was suitable.
    This situation screams fraud on the buyers part. They were too lazy or cheap to verify anything about this horse. The only true victim is the horse, second in line is the seller. The buyer knew exactly what he/she was doing.
    Old thread but the seller said she may have mismeasured so how is that fraud on the buyers part?
    She should have said in paperwork as is, not responsible for errors and you have the right to inspect or have an agent inspect the horse.
    I would have looked at the horse and if Id flown to see it I would be pissed if it was advertised at 15H and was 14.2
         
        08-09-2014, 08:33 PM
      #38
    Weanling
    I really have to explain this?
    Seller says almost 15 hands. Buyer is fussing about false advertising. The opinion has been made that 14.2 can qualify as "almost" 15 hands. Had the seller said almost 15 hands and the horse had been 13 hands- I would cry foul. This is not the case. And, yes, horses can measure differently under different circumstances. Two inches just isn't that much.
    On the other hand, the Buyer purchases sight unseen, puts out no effort what-so-ever to verify anything. No coming out, no PPE, nothing. All of a sudden the horse is not as expected? Really?
    You feel it is up to the seller to tell the buyer that he (seller) is not perfect and he (buyer) has the right to inspect. Generally you try explaining the obvious to people they get all huffy and accuse you of treating them like they are stupid.
    Or, are you one of those people that makes it necessary to receive a notebook of warnings on simple products; such as the warning to to drink a can of paint thinner.
    The seller said "almost" 15 hands, please remember that.
    I get the strong suspicion that even if the horse had been the exact height this buyer would have found something else.
    Why be so insistent on buying sight unseen? Personally, I simply wouldn't have sold this horse to this person.
    What I have come to wonder is the price on the horse. If this was some fancy $20,000.+ show horse, maybe. I really don't get that feeling here.
         

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