You wouldn’t buy a house on a handshake, so why would you with a horse?
Buying a horse is an enormous commitment, and the cost of upkeep is not dissimilar to the cost of some mortgages. So why is it that we spend months getting the paperwork in order for a house purchase, but are happy to shake hands over a horse? Buying a horse should be an exciting time, however, it is all too easy to let your heart rule your head.
As a general rule, the buyer of the horse needs to ensure that it is the right horse for them. This is particularly the case when buying from a private seller although, if buying from a dealer, you may have a little more protection if the dealer is considered to have more expertise in horses than you. The 'right' horse needs to be considered in terms of who will be riding it, the type of riding that you intend to do, and where you will be keeping the horse - as well as whether the price is right. The cost of purchasing a horse is minimal compared to the cost of keeping one!
Before going to see the horse, buyers should prepare a list of questions to ask the seller such as whether the horse has stable vices, its usual feed, to whether it loads easily as well as its riding and veterinary history, and make a note of the answers to those questions. Be completely open about your experience as a rider and what you intend to use the horse for. If you don’t ask the question, the seller may not think to give you the answer, and it may be that the horse is fantastic at dressage, but turns into a bucking bronco when jumping.
Buyers should always ride the horse before buying it, and it is recommended that you ride the horse more than once, on separate occasions. If you have a riding instructor, or know someone with a lot of experience with horses, it is always advisable to take them with you for a second opinion. A trial period of perhaps a week is a sensible idea if the buyer and seller are both in agreement with this. We would also recommend getting the horse vetted.
A receipt should always be obtained for the payment for the horse and preferably a formal contract of sale drawn up. For more information about the minimum content recommended in contracts for the sale and purchase of horses, please see our article on general principles of buying and selling horses or the BHS website.
Buyers should also ensure they are given the passport and registration documents for the horse immediately upon purchase. It is illegal to sell a horse without a passport and it is also illegal to keep a horse without one. 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. If the horse you wish to buy does not have a passport, find out why not, and make enquiries about whether you are able to obtain a replacement passport from your local Passport Issuing Organisation, before you buy.
Buyers must also remember that horses are animals, with personalities and feelings! It is a very big upheaval for a horse to change ownership, particularly if they are being moved to another location. Buyers should bear this in mind when they arrive home with their new horse and allow the horse plenty of time to settle in to its new environment before riding or asking anything too demanding of the horse. For example, bear in mind that new surroundings and new smells are likely to be unnerving for the horse at first!
Remember, all horse owners and keepers have legal duty to be aware of the welfare needs of their horses and capable of providing for them under all reasonably foreseeable conditions. For more information on any of the points raised please email Laura Heeley, a member of our equine law team, or contact her on 01926 884640.
