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Legal buyer issue- HELP!

This is a discussion on Legal buyer issue- HELP! within the Horse Talk forums, part of the Keeping and Caring for Horses category

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        01-01-2014, 04:10 PM
      #11
    Weanling
    Good luck, but the judge will ask you why you decided *after* the sale, and without a vet check, to suddenly change your mind. The seller is on far firmer ground than you from a legal perspective.

    If you didn't want the opinions of others, you shouldn't have posted here asking for them. The fact that the opinions aren't in your favor doesn't change reality.
    franknbeans, Cat and bkylem like this.
         
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        01-01-2014, 04:21 PM
      #12
    Trained
    Quote:
    Originally Posted by crazeepony    
    Thanks for the "Wow, how could you do that....I would never...bla bla bla" remarks as it really doesn't help me at all and don't bother to post here.

    The vet report is that the pony should be retired, has very little teeth left, and over 25, basically un-ridable.

    Yes, I know I was sold a bill of goods and feel awful but I am not taking this lying down. I have used contracts for years and they only hold a certain amount of power. You can't just screw people and think a contract will cover everything- it won't.

    I guess at this point I need to seek legal advice and not just enthusiasts.
    First-you are new here, so I will try and be nice. You posted on a PUBLIC forum. You cannot tell people not to post here. Plain and simple. Any thread has the good and the bad. Take some, throw out the rest, and let the stuff you don't like or agree with roll off.

    Next, Why legal advice? I thought you said they agreed to take the pony back? Did that change? I also think you may be underestimating some here…..and, honestly insulting them calling us all-as a group-"enthusiasts" like we know nothing. If you really believed that you would not have come here. THere are legal folks here, there are pro trainers here….and yes, we have our share of nut jobs too. Every forum does. But the attitude with which you come across after a very short time certainly does not set you up to succeed here.
    Cat and PrivatePilot like this.
         
        01-01-2014, 04:32 PM
      #13
    Banned
    What a sad situation. Unfortunately from a legal perspective, if you signed a contract saying you are taking her "as is" then it means you looked at the horse prior to signing the contract and you knew what you were getting.

    What a dirty seller. They obviously knew what they were doing, because they not only delivered the horse at a time of day with poor lighting so you wouldn't see the true state of the horse, but they worded the contract "as is" meaning that once again, they knew what they were giving you. What a dirty seller. I really hope karma catches up on this one.

    I think even if you seek legal advice, you will probably end up spending more money paying for it than what you will ever get back in return.
    Katiy and tayloranngenevieve like this.
         
        01-01-2014, 04:33 PM
      #14
    Green Broke
    Pretty much all private sales are final. Misrepresentation etc is often only valid when you're buying from a business. While you're probably right about everything chances are you can't prove that they knew all of this and then deliberately deceived you. What they did isn't nice or "right" but I don't think they broke any laws.

    In the horse world it's always good to be very wary. Everyone is trying to make back the money they've spent. You can occasionally pick up an exceptional deal but more often than not you're likely to overpay. Here a kid safe bombproof pony, even in it's lateish teens, will often go for $2000+ because people will pay for safety. It's rare to find a cheap "good deal" on a kids horse just because they're in demand. Everyone wants them. So if you're looking for a "good deal" - a horse that costs less than the average market value - really test it out. Ride it, handle it, do lots - never trust what the seller says until you experience it yourself.
    PrivatePilot and crazeepony like this.
         
        01-06-2014, 12:41 AM
      #15
    Foal
    My point was people say "Gosh, I would never do that?" really didn't help me any. Thank you to those who tried to be nice and not just say something condescending. We all make mistakes that we learn from, right? Or is it just me?

    We agreed to do 1/2 refund and they come pick up the pony- a compromise.

    Sadly, the poor thing goes back to someone who didn't treat it with the respect an old pony deserves. She will likely be resold to someone else or kept and rode to death.

    When someone is new on a list- no one should feel that they need to be condescending when they are looking for help.

    Contracts are good but they need to be stronger than just "as is" as an all encompassing phrase to cover you ass, I am new to horse buying but not new to contracts.
         
        01-06-2014, 03:44 AM
      #16
    Green Broke
    You live and learn.

    Take this as a lesson, and use it as such.

    We have far more stringent laws in Germany, contract or not. It protects the buyer more than the seller, and I have seen it happen to a friend who bought a horse. Paid up front before the vet check, signed a scrap piece of paper that said what the horse was (name breed age etc). I had warned her to pay a deposit, but it was her choice.

    We verbally agreed with the owner three times that if the horse failed its PPE, it would come back for full refund.

    It failed, x-rays were taken and he had an old fracture. Then the previous owner blamed my friend saying it was in the trailer or at our yard. Then her vet looked at the xrays and said it was quite normal for a horse of that age etc etc.

    It went to court, and 8 months later she got the full refund of the horse and the vets fees. But stable fees, shoes etc were not covered.

    No one is nice when it comes to selling a horse. I just always go in thinking someone has something to hide. Not a nice was to think about it, and I was still caught out with another.
    crazeepony likes this.
         

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