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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48172
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I sold a horse to a lady on the 23rd January 2016 today

Customer Question

hi
I sold a horse to a lady on the 23rd January 2016 today she has contacted me via messenger saying that she wants a full refund as the horse wasn't as described. she says that the horse from day one has reared and napped with her.
I explained that the horse had never had any issues with me whilst with me for the 3 weeks I owned her and that she was sold to her as a genuine mare, happy hacker for the sum of £2350. she came and tried the horse by hacking her out with myself for an hours hack she then had a vet come and carry out a five stage vetting which she passed. few days later she came and picked the horse up. since the 23rd jan I have heard nothing from her until now. I would like to know where I stand as she is threatening me by saying that I had someone to work the horse before she rode, that she doesn't want to have to make it publicly known to people in Lincolnshire that im a bad person to buy a horse from and she wouldn't want to take further as she would incur more costs?
any help would be appreciated
becky
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Did you sell the hose as a private seller or as a business?
Customer: replied 1 year ago.
I had told her that I had bought her in to sell on
Expert:  Ben Jones replied 1 year ago.
So...you acted as a business seller?
Customer: replied 1 year ago.
yes
Customer: replied 1 year ago.
I havr already paid 47 pounds am confused why its asking for more money?
Expert:  Ben Jones replied 1 year ago.
If you request a phone call then you will have to pay extra as that is a premium service, however I am not available for calls at resent so we will need to continue on here.
Expert:  Ben Jones replied 1 year ago.
When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Consumer Rights Act 2015. A horse would be goods for these purposes. The law states that the goods must be:· of satisfactory quality – they must not be faulty or damaged when received;· as described – they must match any description given at the time of purchase; and· fit for purpose – they should be fit for the purpose they are supplied for. If they do not match the above requirements, the buyer will have certain legal remedies against the seller. If the goods do not meet the criteria mentioned above, the buyer will have the following rights: 1. Reject them and request a refund - this is only possible if the rejection occurs within 30 days of purchase. 2. Ask for a repair or replacement – if they are too late to reject the goods or do not wish to get a refund straight away, they can ask the seller for a repair or replacement. Obviously a repair is not really possible here so a replacement is the only thing they can ask for. A useful rule is that if an issue appears within the first 6 months after purchase, the law assumes that they did not meet the statutory requirements at the time of sale. If the seller disagrees, it is for them to prove that this was not the case. So the buyer is too late to ask for a refund now as 30 days have passed since date of purchase. She can only get a replacement now, although you cannot be forced to do it and she can only force this if she goes to court, which she may never do. Also advise her that if she makes the comments she has threatened to that will be treated as defamation and you will take further action if necessary. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year ago.
I won't be able to do a call until the morning is that ok?
Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Ben,
Since our earlier messages she has been in touch further. I having read your response above I am feeling a bit better about the whole thing. I have arranged for her instructor who apparently has tried for two weeks to work the mare to call me today and discuss the horse and then I said I would like to go and watch her ride. Do you think this is wise? Also if the horse behaves which I'm certain she will do I just leave? Or if the horse does do what she is claiming do I offer to find her a replacement which I do not think she will go for, or do I just make her an offer that reflects the horse as it stands now?
Many thanks
Becky
Expert:  Ben Jones replied 1 year ago.
Hi, here is the Consumer Rights Act 2015 and the clause about right to reject and ask for a refund: http://www.legislation.gov.uk/ukpga/2015/15/section/22/enacted
Customer: replied 1 year ago.
Hi Ben
Since our conversation last week I have visited the horse with her riding instructor. I advised her that I felt it was an environment issue causing the horse to react the way it was and that it certainly wasn't the horse that I sold her. I also told her I had sought legal advise and that due to being over 30 days she wasn't entitled to a refund. And that I was prepared to repair or replace. She said she didn't want to ride the horse again and that she would be happy first me to find a replacement. I have now used the horse as a part exchange and found dead a good safe hacking horse for her. I sent pics and video footage of him she has declined saying it is too hairy??
I would like to know where I stand legally with finding a replacement? And how many she can reject as she could potentially do this to everything going I find?
I await your response
Becky killen
Expert:  Ben Jones replied 1 year ago.
Hi there is no maximum number of replacements she can refuse but she is not helping herself by doing this. She has the horse and is trying to resolve this and by rejecting the replacements, when they appear suitable, will not help her. She cannot ask for a refund and the replacements need to be looked at objectively so if she is rejecting them for unreasonable reasons then she is not helping herself in any way. So stand your ground and just offer her suitable replacements until she accepts or gives up
Customer: replied 1 year ago.
Hey
I have now sold the replacement horse for 1800 can I offer her a settlement figure not full refund do as not entitled to that as horse wrecked not what I sold her would this be an acceptable offer??
Expert:  Ben Jones replied 1 year ago.
Yes you can certainly try that and it would be reasonable but you cannot force her to accept