Change of heart
QI recently bought my first horse, but now I think that I have over-horsed myself. He throws in a buck most times when schooling.
I had previously had lessons at a riding school and I explained this to the seller. I made sure they knew that I wanted a horse who didn’t regularly buck, rear or nap, and who was a real confidence giver. What are my options? Can I send him back?
Maria Campbell, Glasgow
Rebecca says... First, there is no legal redress if you have simply changed your mind, unless there is a specific term in a contract between you and the seller that you can send the horse back for no fault. Make sure that you check the contract
(if you have one) as it may be that any deposit you paid is non-refundable in this situation.
Who was the seller?
If you bought the horse from a dealer, then under the Consumer Rights Act you have a legal right to reject the horse within the first 30 days if he doesn’t match the description you were given, or if he is not fit for the purpose that you told the dealer you wanted the horse for.
If you are outside the 30 days, you can either ask for a repair (having the horse reschooled for instance), a replacement or, potentially, a partial refund. This will very much depend on the individual facts of your case.
False information
If you have been told false things about the horse — such as that he didn’t regularly buck when he clearly does — then you may have a claim for misrepresentation. The false statement must have influenced you in buying the horse, although it doesn’t need to be the only thing that influenced you. You must have also relied on the representation of the horse. The misrepresentation doesn’t have to be something that was specifically said — failing to disclose information and the seller being silent on something can also amount to misrepresentation.
If this is the case, then it’s possible for you to rescind the contract, return the horse and get your money back. You may also be able to claim damages for the losses you’ve suffered due to the misrepresentation if it was made fraudulently or negligently.