Horse purchase disaster - help please!

[Justneedguidance]

Thanks for reading this thread - I'll cut a long story short. I put down a deposit on a horse, subject to vetting. He passed, and arrived with me. There was the usual/expected antics when he met the rest of the herd but nothing unusual. But later in the day he mounted (and I mean properly mounted!) an elderly mare, which he then went on to do a number of times. Owner of mare and owners of other horses understandably upset/worried. Seller (dealer) eventually agreed to have horse back, but minus my deposit. His advert stated lives in or out, with or without other horses, and seller said he has lived with mares and geldings with no problems. I would like my deposit back but not sure where I stand. Any help gratefully received x

Hmm that’s tricky, has the dealer refunded you otherwise?
To be honest I’ve known horses undergo complete personality transplants in new homes, so picking up an unpleasant habit in a new one doesn’t mean anyones lied.

Thank you for the reply. Yes, they've refunded all but my deposit.

Maybe he didn't fancy the mares he's lived with previously so this is genuinely a new habit in this environment
I think it would be hard to establish / prove that you were mis-sold the horse. Was there a reference to the terms of the deposit in a contract?

This doesn’t sound like a particularly unusual behaviour, certainly not a vice. The dealer has been very reasonable. Most yards have different groups of horses turned put separately for reasons like this.

Agree , I think you are lucky to get the majority of the purchase price back , could have been much worse.
So many variables
Is mare a complete floozy? My very polite non hormonal boy will eventually mount my very persistent mare just to shut her up
Stress of moving
Stress of new herd
Or could be a rig and dealer could have left you to get on with it
I'm sorry this happened to you , horsebuying had always been a bit of a lottery but at the moment it's even worse

I had a mare whose now sadly passed away that used to turn the mist placid of geldings into raging horn dogs so it is possible this is the 1st time he is exhibiting this behaviour

Mounting mares also doesn't mean he isn't suitable to live out with other horses, mares or geldings, he just doesn't seem compatible with this mare.

You could apply to small claims for return of your deposit but it depends how much they are keeping to whether it is worth it .

You may also find that you are ruled against as the horse was just exhibiting natural behaviour that many gelded horses exhibit. Also horse was not necessarily mis sold of no proof this behaviour has happened before.
I appreciate you have now sent him back but did you make a note of the previous owner details from passport. They may be able to confirm either way whether thos behaviour has happened before to help you weigh up how much you wish to pursue the deposit.

Think you did alright getting most of the price back tbh.

I'd leave the deposit tbh and be glad to get anything back

I'm presuming that the mare was in season and was encouraging him - if this is the case, I don't see the issue? It's not super common, but some geldings will do this with a mare in season. He can't get her pregnant, and it will stop once she is out of season. If he doesn't otherwise show rig - like characteristics, then there's no reason for fuss.

I think you were really lucky to get your money back. If I was the dealer and you called me with that issue, I would say 'don't turn him out with that, mare then'.
I think it's really weird that you jumped to 'mis-sold' rather than tweak the horse's environment first.

Wow, that's harsh! I've seen this happen quite a bit and just either separated the horses or let them be. Is this your first horse by any chance OP?

But later in the day he mounted (and I mean properly mounted!) an elderly mare, which he then went on to do a number of times.

When you say 'later in the day' how was he introduced to the herd? This sort of gives the impression that on day one he was put straight out with a new herd of horses. I don't think the horse or the dealer did anything wrong, well certainly not the horse and probably not the dealer.

I've always done introductions by turning out in an adjacent paddock with a good post and rail fence in between the established residents and the newbie. I only let them in with each other when all the squealing and general silliness has stopped. Only when they appear a bit bored and 'oh, it's just you' do I put them in with each other. I've had some very quiet introductions like that. The newbie tends to be more excited by the new paddock than their companions.

I'd leave it, OP. I think the deposit is precisely to cover the expense of this sort of thing.