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Alex J.
Alex J., Solicitor
Category: Horse
Satisfied Customers: 3843
Experience:  Solicitors 2 years plus PQE
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I have just sold a horse and the purchaser wishes to return

Customer Question

I have just sold a horse and the purchaser wishes to return her, saying she ha problems with her foot ands is behaving dangerously. Before the sale they saw her several times and I encouraged them to get her seen by a vet to confirm everything was alright in his opinion which they declined to do. I gave them lots of opportunities to ask questions, when they took her away they called to say is was as good as gold then 4 days later they call to say she is behaving dangerously the description of which does not match anything I have experienced in my 10 years f ownership and they are saying two days after taking her she had become lame but had been fine the previous day, then the vet said she had an abcess in her foot which was treatable, then the next day they called to say the vet had said it was due to me having her feet trimmed, they were aware her feet had been trimmed. they rode her and were happy with her I gave them receipt stating all of her history and not giving any warranties with regard to future fitness and horse sold as seen do they have the right to return her and ask for money back

urgent reply awaited

Submitted: 2 years ago.
Category: Horse
Expert:  Shantal-Mod replied 2 years ago.
I'm Shantal and I'm a moderator for this topic.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I was checking to see if you had already found your answer or if you still need assistance from one of the Professionals.
Please let me know if you wish to continue waiting or if you would like for us to close your question?
Thank you,
Expert:  Alex J. replied 2 years ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Based on the facts you have provided, as you gave the buyer an opportunity to inspect the horse and did not give any warranty as to the condition of the horse, then they do not have any right to a refund. The maxim "caveat emptor" applies - buyer beware. Really your options are to either relevant and agree to the refund or refuse and defend it. Consider if you do not grant a refund, the risk is they may sue you, you will have a defence based on the facts you have provided - are you prepared to defend this in a county court?