Regardless of whether the horse you are selling is a family pet, or a horse trained for a particular task, you will undoubtedly want to know that it is going to a good, suitable home. As well as making sure that your horse is going to a good home you also need to make sure that your own position is protected if the buyer raises a concern after purchase.
As a general rule, it is the buyer of the horse that needs to be sure that it is the right horse for them. However, if selling horses is your business, you should bear in mind that you may be in a position of greater knowledge and expertise than the buyer. In these circumstances, the buyer may rely on you for advice and guidance as to the history of the horse and its suitability for them and therefore you should take care to answer all questions accurately and clearly. Failure to do so could result in court action being taken against you for misrepresenting the details of the horse and its suitability for the buyer.
If you are advertising the horse for sale, ensure that any description given is clear and correct. Always encourage the buyer to come to see the horse and to ride it - preferably more than once - and to bring a third party for a second opinion. One person's idea of a dream horse may be very different from another's. The buyer should be advised to organise an independent veterinary examination of the horse so that there is a clear record of the horse's condition at the time of sale if any query or problem arises a few weeks after sale.
We recommend that you always have a written contract for the sale of a horse, with all relevant details recorded. If you are selling the horse in an open and honest manner, a written record of your dealings with the purchaser and what you have agreed should only serve to assist you if the purchaser later raises an issue or decides the horse is not for them. Furthermore, if you do not record what you have said orally, you can be left with an unnecessary headache if the purchaser returns after a period demanding their money back because the horse does not live up to expectations.
Make sure that you provide the purchaser with the horse’s passport and any registration documentation upon sale. Under the new EU Regulations, from 1 July 2009, a horse may not be moved without being accompanied by its passport and the keepers with primary responsibility for the care of the horse would be expected to hold the passport whilst the horse is in their care. It is an offence to keep a horse that does not have a passport.
In conclusion, be upfront and open with the purchaser. If you are, you will be taking the right steps to protect your position in the event of future queries.
For more information or advice on selling a horse please contact Laura Heeley or Ruth MacCarthy.
