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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11142
Experience:  30 years as a practising solicitor.
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I purchased an Irish Sports horse from a dealer at the

Resolved Question:

Hi. I purchased an Irish Sports horse from a dealer at the beginning of April this year. Within a couple of days it was clear that the mare was too fizzy and strong. I informed the dealer that she was not the horse for me and he agreed to an exchange. He asked me to keep the mare until he found a replacement. The mare remained with me for 12 weeks during which time he did not contact me to offer an alternative. I contacted him regularly. Then at the beginning of July, prior to me going on holiday, I returned the mare to him. Since then he has only invited me to ride one alternative which was entirely unsuitable. This was on Mon 10th July. When I enquired about the mare he stated that she was with a contact of his mother who was going to do some work with her as his grooms did not have time to school her.
He does not appear to be making any real effort to find an alternative. I believe I have been patient and reasonable. Before I went on holiday he stated that he would like to resolve/end the matter by offering me £2K for the mare which cost me £4k. !?!
Last Mon he said he had a potential horse arriving last week. I have texted him to ask if it has arrived - but have received no response.
Can you please advice how to proceed with this mess?
Alison Grieve
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
Was the initial contract for sale and purchase and the subsequent variation to supply an alternative horse all done verbally or is there anything in writing?
Customer: replied 1 year ago.
Initial sale/purchase done verbally. Written agreement/contract re variation stating the price paid and that dealer agreed to find suitable alternative. I
He has had 18wks to find an alternative but has not done so. I expect him to find an animal of equitable value and quality. He is struggling to do so and has offered £2k 'to end the matter'. I am not prepared to accept.
Expert:  JGM replied 1 year ago.
The dealer is in breach of the contract as varied by not finding a replacement. You would be entitled to damages for the breach which would be represented by the price you paid for the original horse, assuming the cost of a replacement horse would be about the same price.
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