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consumer guarantee in horse purchase

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nose View Drop Down
Newbie
Newbie


Joined: 27/November/2015
Location: Australia
Posts: 29
  Quote nose Quote  Post ReplyReply Direct Link To This Post Topic: consumer guarantee in horse purchase
    Posted: 15/March/2017 at 23:54
Purchased horse April 2016, all appeared ok as being suitable for the rider, but within 2 weeks he developed head tossing issue and has become not suitable for her and requires a much more experienced rider. we have persevered with his head tossing issues treating etc and to no avail. We have given up and asked previous owner to take him back and refund as he was only good for a very short period. He is not saleable at the same price, assessed as worth $5K maybe , instead of the $12.5 K I paid for him.
purchase was from breeder whom has a partnership with her husband under an ABN. is this an issue I can claim under consumer guarantee under Consumer Law? Do I go through Fair trading to make a claim?

Luisa View Drop Down
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Joined: 08/June/2010
Location: Australia
Posts: 232
  Quote Luisa Quote  Post ReplyReply Direct Link To This Post Posted: 17/March/2017 at 11:59
I can't help you with legal advice.

As for horses, general opinion among horse people is that a horse is who it is due to handling. ie a horse can be one way with one person but if sold and handled by another it will start responding to that handling. So generally once it has changed hands previous owner can't be held responsible for future behaviours. *generally* I emphasise the *generally* A horse that was mishandled/traumatised may never recover fully. But 1 which was fine can be ruined by poor handling later.

Now I don't know what the go is with your horse. I have been in the position of buying one for more than I subsequently sold her for, and that was prob my own fault. Or at least miscomm between me and the person I bought her off. Not as much $$ as your case though.

So in short I don't like your chances but talk to the seller and see what they think. A breeder is more likely to buy back (I'd think) because of damage to their reputation.

nose View Drop Down
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Joined: 27/November/2015
Location: Australia
Posts: 29
  Quote nose Quote  Post ReplyReply Direct Link To This Post Posted: 17/March/2017 at 21:16
thanks for reply

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