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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 72625
Experience:  Qualified Solicitor
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My wife has purchased a horse from a dealer and it is not as

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My wife has purchased a horse from a dealer and it is not as advertised, it has behavioral issues that were not mentioned before money changed hands. My wife has asked for a refund and we will return the horse to the dealer at our expense, the dealer has refused. Where do we go from here?
JA: Where is this? And just to clarify, when was the purchase made?
Customer: In North Yorkshire and the purchase was made in January
JA: What steps have you taken so far?
Customer: My wife has contacted the dealer who offered to buy her back at less than half price. My wife declined and asked for a full refund as she feels she was mis sold
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My wife has cctv footage and photographic evidence of the behavioral issues and screenshots of all messages between herself and the dealer

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Customer: replied 12 days ago.
Sure

Hi there. When did your wife buy the horse? and how did the dealer describe it?

Customer: replied 12 days ago.
It was purchased early January and was described as a nice family cob

OK thanks. So how long after buying the horse did your wife contact the dealer?

Customer: replied 12 days ago.
5 days after purchase
Customer: replied 12 days ago.
She made the dealer aware of the problems she was having and the dealer played it down and said she'd need time to settle in
Customer: replied 12 days ago.
my wife gave her time but the issues remain

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now.

Under law the horse will be considered ’goods’ in the same way as an inanimate object. When a private consumer makes a purchase from a business seller, they have certain 'statutory' rights under the Consumer Rights Act 2015. If you wanted to refer to the legislation directly, please follow this link:

https://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

The Consumer Rights Act 2015 specifically states that there is an expectation that goods must be:

- of satisfactory quality – they must not be faulty or damaged

- as described – they must match any description given at the time of purchase

- fit for purpose – they should be fit for the purpose they are supplied for

If they do not meet the above requirements, the consumer will have certain legal remedies against the seller:

1. Reject the goods and request a refund – this is known as the ‘short-term right to reject’ and must be applied within 30 days of purchase or, if later, delivery.

2. Repair or replacement – this is still an option in the first 30 days, if the consumer does not want a refund and becomes the standard options after the 30 days have passed. Obviously a repair is not possible here so it would be a replacement instead. Alternatively, if the consumer wants to keep the goods, they can ask for a price reduction, based on what is wrong with them. That is something to be negotiated with the seller.

An important aspect of the Consumer Rights Act 2015 is that there is an assumption that any issues complained of, which have become obvious or developed within the first 6 months of buying the goods, were present at the time of purchase. If the seller disagrees that his was the case, it would be up to them to prove otherwise, if challenged in court. On the other hand, any issues which develop more than 6 months after purchase, are assumed not to have originated at the point of sale and it is for the buyer to prove otherwise if challenged in court.

Once a decision has been made on which of the above rights to pursue, the seller should be contacted, preferably in writing, to discuss that with them. If they refuse to discharge their legal obligations under the Consumer Rights Act 2015, a formal letter before action should be sent, asking for the desired resolution and making it clear that legal action could follow through the courts.

In the event this matters needs to be taken further, the following are the relevant links:

A report to Trading Standards can be submitted first: https://ssl.datamotion.com/form.aspx?co=3438&frm=general&to=flare.fromforms

Afterwards, a claim can be pursued in The County Court: https://www.moneyclaim.gov.uk/web/mcol/welcome

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Ben Jones and other Law Specialists are ready to help you
Customer: replied 12 days ago.
Thank you

You are most welcome. If you have any further questions about this then please do not hesitate to get back to me and I will be glad to help. All the best