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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70204
Experience:  Over 5 years in practice
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Hi just sold a pony on Monday after owners tried her twice

Resolved Question:

Hi just sold a pony on Monday after owners tried her twice with no problems she rang yesterday to say pony has bucked her son of and had a bump on his head and said if I don't take the pony back they will take me to court I sold the pony in very good faith and had a 4 and 8 year old ride her I have a video of 8 year old riding her with no problems at all I gave them a receipt with sold as seen what are my rights do I have to take the pony back .
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

You don't necessarily have to take her back.

They do have a claim against you in misrepresentation and that applies whether you sold in good faith or described her as seen or not. As seen is a myth anyway. If you said she had no issues and she does then that is misrepresentation whether you knew about it or not.

Of course, whether she does have issues is another matter. Any rider can be thrown. It might have been that he is just a shoddy rider. I wouldn't worry about a bump on his head. He should have been wearing and anyway if you are thrown from a horse then you are going to have some injuires. If people want their children to take part in these sports they have to accept the risk of injuries to a degree.

If she does sue though then she may only get the diminution value between what the pony would have been worth and the sum they paid. Or a court may say its an unsustainable contract and order a full refund and the return of the horse.

If you are not prepared to go to court then its probably best to take her back.

Can I clarify anything for you?

Jo
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