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Jenny
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
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I sold a horse a month ago that has bone spavin, I made the

Resolved Question:

I sold a horse a month ago that has bone spavin, I made the buyer aware of this when she came to view him two months ago and she had the opportunity to have a vet check done which she did not take. The buyer and a friend rode the horse prior to sale. The horse has now gone lame and she is claiming that I did not tell her of the bone spavin and wants either a full refund and for me to take the horse back or for me to pay any vet bills relating to the bone spavin or she will take legal action. Am I liable ?
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.

Hello my name is ***** ***** I am happy to help you today. Did you put anything in writing either in writing or later to explain the condition of the horse?

Customer: replied 1 year ago.
Not prior to the sale, it was only verbal information given. When she contacted me a week ago saying that he had gone lame I said it could either be due to laminitis or the bone spavin, this was via a text message. She then claimed that I had not mentioned the bone spavin prior to the text.
Expert:  Jenny replied 1 year ago.

Ok but is it your position that you told her prior to the sale and can you confirm it is a private sale?

Customer: replied 1 year ago.
I did tell her a month prior to sale in which time she had the opportunity to have a vet check done and visit to ride him at any time which she declined to do. It was a private sale due to my ill health.
Expert:  Jenny replied 1 year ago.

Ok thanks, ***** ***** made her aware of the condition prior to purchase then she does not have the right to a refund or to vets bills being paid as you sold the horse on that basis. She may attempt to argue that you in some way misrepresented the condition of the horse, if she tries to bring a claim on that basis it will come down to your word against hers as to what you told her about the condition of the horse.

In the first instance I would point out that she was fully aware of the issue and declined to have the horse checked out by a Vet so she has no rights in that regard.

If you have any further questions please do ask. If I have answered your question I would be grateful if you would be so kind to rate my answer. Thank you and all the best.

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