I sold a horse with no contract do i have to buy it back
 
 

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I sold a horse with no contract do i have to buy it back

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  • Horse not as sold
  • Bought horse injured prior to sale

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    02-09-2012, 12:38 PM
  #1
Foal
I sold a horse with no contract do i have to buy it back

I sold a horse and the buyer didn't get a pre-purchase exam done, there's no contract, no written warranty, guarantee or return statement, and no bill of sale (and the buyer never asked for any of those either). She got it home and found out through gossip the horse was injured several years ago in an accident that happened BEFORE I bought him. She now wants me to buy the horse back. Am I obligated to and does she have a case for court?
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    02-09-2012, 12:44 PM
  #2
Showing
No, you're not obligated to do anything. She bought 'as is'.
     
    02-09-2012, 01:04 PM
  #3
Trained
Ditto with what Speed Racer said.
     
    02-09-2012, 02:20 PM
  #4
Foal
She was told by a mutual friend and is trying to say I didn't disclose it and I sold the horse "unsound". She has forwarded texts from my "friend" where I discussed the injury with her. However it didn't happen while he was with me and I only owned him 48 hours. He bucks when "fresh" so I decided not to keep him. He bucked with her and her bf when they.
Rode him at my house but they bought him anyway. From what I have read online it is my understanding that I only have to disclose a condition if he has one and I was not aware of a condition so there was nothing to disclose. Is that correct?
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    02-09-2012, 02:25 PM
  #5
Showing
You have no written contract, and she didn't get a PPE done. However, if you KNEW he had a prior injury at the time of the sale, you should have told her that.

While I think you're both at fault, you for not fully disclosing and her for being stupid and not getting a PPE, legally you're under no obligation to take the horse back. Horse buying is always 'caveat emptor'.
     
    02-09-2012, 02:31 PM
  #6
Foal
Yes. "Buyer beware". I just wanted to make sure. I didn't hide anything I even gave her the former owners phone number. When they came out they didn't even check him--didn't pick up his feet, run her hands over him, or lunge him around. She didn't even ask me any questions.
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    02-09-2012, 02:34 PM
  #7
Foal
Thank you both for responding!!! :)
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    02-09-2012, 03:55 PM
  #8
Green Broke
That is just weird-I've never known anybody to buy a horse & not at least pick up his feet & do a few other things. But, they did ride,hmm. No vet check & you only had him for 2 days, so really what could you know about him? I presume you didn't do a vet check either? Hope this does not become a big headache for you.
     
    02-09-2012, 04:19 PM
  #9
Foal
Good news though. She did an after purchase exam and he's 100% sound. Whew!
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    02-09-2012, 04:20 PM
  #10
Foal
Just found out.
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