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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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I purchased a pony on 7th May. I bought it having seen it

Customer Question

I purchased a pony on 7th May. I bought it having seen it at a show and it performed well, we took it on a 2 week trial and all was fine. I paid over the money. I didn't have it vetted since the trial was good. The pony is for my 14 year old daughter. After 3 weeks and having paid for the pony it started to go disunited in canter, this was strange. I did all obvious had teeth done, checked saddle, tried different rider, with no change. It came with a joint supplement which the owner said it was for maintenance, I had stopped giving this. I got out the vet in early June, the vet diagnosed head shaking syndrome and possible ataxia. His view was I was conned and he thinks previous owners knew of this and got it fit enough by some manner to sell. I contacted the sellers and they don't want to know. They bred the pony and had her 6 years which seems strange. What should I do? The vet has wrote me a report saying the problem is deemed in his view to be an ongoing on and if ataxia prognosis of future isn't good
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

Did you buy from a private seller please?
Customer: replied 3 years ago.


Yes it was a private seller. I had the pony for 2 weeks and she was perfect, we love the pony and really wanted to find out why after 3 weeks it started to go disunited. The pony is actually sound in trot etc. We cannot ride her, and I have already paid out £500 in vet bills to try and find out what happened, she has not injured herself or anything. My vet says he thinks it has a pre-determined condition


 

Expert:  Jo C. replied 3 years ago.
Thank you.

How was the pony described at the time of sale please?
Customer: replied 3 years ago.


It was described as quiet pony, no pre conditions were referred to, its a show pony. I have no issue with the advert content, the issue is that I bought it after a trial and all was okay, and it has now developed these symptoms after only 3 weeks. I didn't get it vetted, so I want to know if I have a legal case


 

Expert:  Jo C. replied 3 years ago.
You don't have a claim under the Sale of Goods Act. The SGA does apply to livestock but it doesn't apply to private sellers. There's no way around the fact that this was a private sale. Under private sales I'm afraid its a case of buyers' beware as you take the goods as you find them and have no right to complain if they are not fit for purpose.

I was hoping that you had a misrepresentation argument arising from the description of the pony but it would appear that you do not. If the ad was simply silent on the point of conditions then its game over. Obviously it might have been that there was some conversation upon that point which might help you.

Of course, this must have been a pre existing condition but unless you can show that something misleading was said on the point there is no claim arising.

I'm very sorry if this is bad news.

Can I clarify anything for you?

Jo

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