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NSW False Advertising and Australian Stock Horse Purchase

Discussion in 'Other/General Law Forum' started by msdavies, 5 February 2015.

  1. msdavies

    msdavies Member

    5 February 2015
    Likes Received:
    I recently purchased a mare advertised as a 2 year old Australian Stock Horse, broken in and going well.
    Currently 14.2hh and to mature approx. 15hh.

    After researching her branding, having the farrier out and booking her in to the dentist. It looks like she is around 4 years old and was possibly started as a buck jumper.

    The lady who I purchased her from said she has no idea that the horse supposedly was trained as a buck jumper (had her 12 year old daughter riding her) and offered me to swap the mare for another horse she has for sale but won't give me back the $3000 I paid for her.
    ($2500 cash and $500 bank transfer).

    Where do I stand legally on getting my money back and not a swap…..??
    I have screen shots of all conversations online.

  2. Amanda E

    Amanda E Well-Known Member

    9 April 2014
    Likes Received:
    So a swap to another horse won't suffice? What if you agreed that they pay for the independent farrier and dentist check BEFORE you take on the horse they propose to swap you?

    Alternatively, if they won't agree to refund after you've offered to return the horse, it might be worth having a chat with NSW Fair Trading.
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  3. Sophea

    Sophea Guest

    If you can present evidence that the horse was advertised or represented to be one thing, you relied upon those representations in purchasing the horse but then found out the representations were false, then you may be entitled at law to have the contract reversed and to get your money back. In order to do this you will need to institute proceedings in your local small claims court or tribunal. You will also need to provide evidence of everything that you are asserting.

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