Legal issues around horse sales

[jess]

Interesting outcome.  And without being at the hearing perhaps no-one can say for sure whether it was also a just outcome.

Thanks for the update Freda - and for sharing the story in the dignified and discreet way you did.  Perhaps as a result, some of us have had the benefit of learning something vicariously.  Learning it the easy way - not the hard way like these people unfortunately did.

All the best, J. 

[Freda]

Yes, exactly.

I have learned plenty from the comments on the situation too.

Now it is all done and dusted, I can perhaps share some thoughts?

Clearly the decision was  made on the basis of a breach of contract....where the second instalment was due on a certain date, and then not honoured. 

Hard to rule against that fact alone. 

I could have been sucked in too, by the former trainers affirmation that the leg in question had been checked and all was well. He lied.

The vendor maintained he didn't know the horse he bred and reared was a windsucker.   Really?

He also claimed the mare's leg had been scanned.....he told porkies too.

Believe no one.

Both vendor and former trainer have gone down considerably in my estimation...well, one has, the other didn't have far to fall.

 

Edited December 1, 2018 by Freda

[Fred]

Unfortunately the law does not always deliver justice

[jess]

Thanks.  Hard to argue with any of that Freda.  Something to bear in mind would be that the adjudicator in such tribunals is unlikely to know much about horses or the central issues - other than contracts.  So that person probably had no idea how silly it sounds to most people that an individual who has bred and reared (if that's the case) a horse through to maturity had no idea it was a windsucker.  Let alone the significance of windsucking and obligations on vendors to declare such a vice.

Do you know whether disputes tribunals are public and whether the outcomes are published?  As I've said - I respect your discretion Freda but I am now interested in who these individuals are.  I would definitely not want to do business under any circumstances with either person. 

[Turny]

Disputes Tribunal not a venue for legal delivery - Rumpoke would have been a better bet

[Arsenic]

On 2/12/2018 at 8:09 AM, Fred said:

Unfortunately the law does not always deliver justice

Well in this case it has ,  it certainly showed the purchaser tried to pull a wrought against the vendor .

l hope the vendor gets the money he is legally owed .