Can a horse be returned to the dealer?
Legal rights Under the Sale of Goods Act 1979, the buyer of a horse from a dealer may be able to return the horse to the dealer and claim a refund of the purchase price, if the horse was not of satisfactory quality, taking into account its age and fitness for the purposes for which it was sold.
Can a buyer rescind a horse sale contract?
Provided that the buyer can make out a successful claim that the horse does not correspond with the description given by the seller or that there was a misrepresentation then the buyer will be entitled to rescind the contract and in certain circumstances receive damages in respect of the losses caused by entering into the sale contract.
What happens if you reject a horse when buying it?
The buyer will be entitled to a full refund of the purchase price. If you rightfully reject the horse because it is not fit for purpose or of satisfactory quality you are not obliged to transport the horse back to the seller. It is for the seller to arrange for the horse to be collected at his or her own expense.
Can a horse be sold if the seller knew it was lame?
If the seller isn’t a “merchant,” the buyer must be able to prove that not only was the horse lame at the time of sale, the seller knew the horse was lame and didn’t disclose the lameness to the buyer.
Legal rights Under the Sale of Goods Act 1979, the buyer of a horse from a dealer may be able to return the horse to the dealer and claim a refund of the purchase price, if the horse was not of satisfactory quality, taking into account its age and fitness for the purposes for which it was sold.
If the seller isn’t a “merchant,” the buyer must be able to prove that not only was the horse lame at the time of sale, the seller knew the horse was lame and didn’t disclose the lameness to the buyer.
What happens if the seller misrepresents the horse?
Depending on the facts and law, winning buyers could potentially recover: Rescission . Generally, if the court orders “rescission” the horse returns to the seller with a refund to the buyer. Refunds. S ellers may be required to refund the difference in value between the horse, as promised, and its real value. Attorney’s Fees.
How much money can you recover from a horse seller?
Extra Money. Some state consumer protection/deceptive trade practice laws allow winning buyers to recover 2 to 3 times the amount of their losses. Horse sellers should take the buyers’ claims seriously. Consider the risks of holding your ground.
Is there an appointment for a pony ride?
By appointment only, call or e-mail, e-mail must have a reply to confirm time and date. Pony rides can be held in the indoor arena for cold, windy or rainy days. Choose one that’s right for you, or call and customize one that meets your needs. Great for day care centers, school trips, day camps, family functions, etc.
Is it illegal to give ACP tablets to horses?
A quick note on ACP tablets – under the current Veterinary Medicines Cascade laws, it is illegal to use ACP tablets instead of paste in horses unless the vet has a clinical reason (unfortunately, price isn’t considered good enough) to think that they are more appropriate.
How can I get a refund for a horse?
You invited the purchaser to have the horse vetted by her own vet. You informed the buyer of the horse’s correct age and of her ‘quirks’. You made no statements of fact about the horse which were untrue. claim a refund, or any compensation.
When to buy a horse from the seller?
Try the horse out before you purchase it. It can be beneficial to loan the horse from the seller for a period of say one week. This would assist in allowing you to determine if the horse is right for you and if it has any physical problems which you do not want to take on.
Can a 14 year old horse get a refund?
Q: I sold my 14-year-old mare. She passed a vetting with the new owners vet. The buyer paid cash, and we signed a bill of sale. A few days later, she rang to say she wanted a refund. Where do I stand? Richard Chamberlain answers: The law treats differently a private seller of goods and a ‘dealer’.
How is the sale of a horse regulated?
In dealing with a dispute the key factor to look at is whether the horse was purchased from a dealer or a private seller. Dealer purchases – Dealers selling horses in the course of a business are regulated by the Sale of Goods Act 1979 (“the Act”).
When does the seller give the horse to the buyer?
Seller shall tender possession of the Horse to Buyer at the Horse’s location upon receipt the Purchase Price from the Buyer. 4. SELLER’S REPRESENTATIONS AND WARRANTIES. The Seller makes the following representations:
How is the purchase price of a horse paid?
The Purchase Price shall be paid in cash or other certified funds upon tender of delivery of the Horse to the Buyer. 3.2 Transfer of Possession. Seller shall tender possession of the Horse to Buyer at the Horse’s location upon receipt the Purchase Price from the Buyer. 4. SELLER’S REPRESENTATIONS AND WARRANTIES.