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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I sold a horse 3 months ago. The buyer has now decided

Customer Question

Hi,
I sold a horse 3 months ago. The buyer has now decided that the horse is no longer suitable and wishes to me to have the horse back and have her money returned. What are my rights as the seller please ?
I sold this horse in good faith and with an honest description.
After a period of time horses can change with new owners, and every time I have seen it since the sale there has not been a problem.
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. What reason is the purchaser giving for asking to return the horse?
Customer: replied 1 year ago.
The purchaser says it is not suitable for what they want and they have had some problems riding it. Whenever i have seen it since the sale, there has been no problems.
Expert:  Jenny replied 1 year ago.
Ok well they only have rights to return the horse and to have a refund in limited circumstances if you are a private seller rather than a dealer (which I think is the case). In a nutshell they have no right to a refund unless you have actually misdescribed the horse in your advert . The law on private sale is that it is buyer beware and there is no obligation upon you to offer a refund. If you have any further questions about this please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
Jenny and other Law Specialists are ready to help you
Customer: replied 1 year ago.
That's great. I do work in the horse industry, but not selling horses, is this still deemed as a private sale, or am I classed as a dealer because I work in the equine industry? I run a livery yard and teach riding.
Expert:  Jenny replied 1 year ago.
You're not a dealer unless you deal in the purchase or sale of horses as a normal business activity. Even if they attempt to argue that you are then you will not necessarily have a problem as they would have to demonstrate that the horse was not of reasonable quality or not fit for purpose, not fit for purpose does not mean their requirements but means as compared with how it was described. Start off by just saying it is a private sale and sold as seen. If they do not leave it alone say you are not a dealer but even if you were it would make not difference.
Customer: replied 1 year ago.
Many thanks for your help.
Expert:  Jenny replied 1 year ago.
No problem, all the best with it.

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