The subject of buying and selling horses is, for many, an emotive one. It is too easy to fall in love at first sight – only to fall out again when it becomes clear that the horse is failing to live up to expectations. It can be equally frustrating from a seller’s point of view if words of caution to the determined purchaser fell on deaf ears only for the latter to return the horse stating it was unsuitable. So, legally, what recourse do you have?
If the sale is private, the principle of caveat emptor applies, meaning ‘buyer beware’. If the sale is through a recognised dealer, the Sale of Goods Act applies and if the horse turns out to be not ‘as described’ in the conditions of sale then the buyer may be entitled to a full refund.
There are some basic principles that prospective purchasers and sellers should follow regardless of the mode of purchase / sale. The first is honesty – understand your limitations as a rider and acknowledge the limitations of the horse. Don’t ignore the statement ‘not a novice ride’ or ‘only hacks out in company’. If you do, don’t be surprised if you find the horse too much to handle or naps badly when trying to hack out alone.
Second, get everything in writing. Be absolutely clear about what you want from a horse and, if those aspects are confirmed by the seller, put it in the contract of purchase. This applies to oral descriptions made while viewing the horse. If the seller assures you that the horse boxes, clips and shoes quietly – get it in writing.
Likewise, if you are selling, it really does pay to have everything relevant set down in writing. As long as the information you are giving about the horse is correct to the best of your knowledge, it should only serve to assist you to have evidence of the fact that you have sold the horse in an open and honest manner. 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.
It is advisable to instruct a lawyer to draw up a bespoke contract of sale / purchase if you are dealing with a valuable sport horse or breeding bloodstock. However, for most ‘ordinary’ purchases / sales you can draw up your own sales contract and just get it checked by a lawyer to ensure that it is valid in case it is ever challenged further down the line. The BHS recommends that any contract should cover the following as a minimum:
The sale date and cost of the horse
- Name and signature of both parties (buyer and seller)
- Name of the horse, age, colour, sex and a brief description including level of schooling
- List of equipment and paperwork sold with the horse including registration documents, flu vaccination certificate, passport, tack, rugs etc
- Start date, termination date and conditions of the trial period (if any) agreed by both parties. Although trial periods can be fraught with problems it is advisable to ensure that all aspects of the period are covered in writing including whose responsibility it is if the horse is ill, injured and who pays the insurance.
- Conditions of sale
- Statement of any known injuries, problems or vices the horse may have
- Description of the horse’s abilities and ‘fit for use’ statement.
- Statement that the horse will need a period to adjust to its new environment.
Source BHS
For more information or advice please contact Laura Heeley or Ruth MacCarthy.
