Legal Rights Buying Horses

When buying a horse, some buyers request a pre-purchase audit (testing) to identify pre-existing issues that could affect a horse`s future performance and reduce the buyer`s risk. The examination usually consists of four phases, during which a veterinarian examines all aspects of the horse`s health. The first part of the test involves thorough identification of the horse, including documentation of color, age and distinguishing features; assessment of vital signs; and a urine sample to ensure there are no performance-altering medications. The second phase is a general assessment of the horse`s body and skin condition. It is common for the veterinarian to assign the horse a body condition score of 1 to 9, with 1 emaciated and 9 obese. Scores of 4, 5 or 6 are within the acceptable range for performance horses. The third phase is a visual strength assessment, where a veterinarian first scans the horse`s limbs and then observes how the horse performs a variety of movements on different surfaces. Horseback riding may or may not be included in the test, depending on the intended use. Asking the horse to move in straight lines and circles is also a common grading technique, as well as passive/active leg flexion tests and thorough hoof examination. A basic neurological examination may also be part of this third phase of the examination. The fourth and final phase of the examination is called the “diagnostic” phase and may include X-rays, nuclear scans and ultrasound tests, with an emphasis on examination of the navicular bone and distal phalanx. Higher levels of X-rays in these areas usually indicate lameness. Horses can make bad impulse purchases.

Buyers who take the time to plan ahead, ask good questions, carefully evaluate a horse before buying, and insist on a purchase contract will find that they are more satisfied with the horse purchased. These efforts are likely to avoid litigation or significantly limit litigation. The implied conditions that the horse is of satisfactory quality and fit for its intended use do not apply if the purchase is made by a private seller. The legal maxim “that the buyer be careful” applies, which means that the buyer must conduct his own investigations to ensure that the horse is of satisfactory quality and fit for use. The buyer may be able to rely on section 13 of the Sale of Goods Act 1979 by proving that the horse does not conform to the seller`s description (if any). There may also be a claim for misrepresentation. In order to prove that there is a misrepresentation, the buyer must prove that the seller made a false statement of fact that led him to conclude the contract. The misrepresentation must be objectively material and have been considered reliable by the buyer. If the buyer can successfully argue that the horse does not fit the seller`s description or that there is a false statement, the buyer has the right to withdraw from the contract and, under certain circumstances, receive compensation for losses caused by the conclusion of the purchase contract.

The seller`s description of the horse may not be found or otherwise proven. For example, the ad placed for the sale of the horse may have been lost or may have forgotten or rejected the seller`s oral description. It would therefore be difficult to successfully argue that the horse does not fit its description, as the court may not be sure of the description to which to compare the horse. In addition, as noted above, there is more to be met with respect to an allegation of misrepresentation than a claim under the implied conditions of fitness for a particular purpose and satisfactory quality vis-à-vis a trader. If the buyer is unable to prove a breach of section 13 of the Sale of Goods Act 1979 or a misrepresentation, he is unlikely to have recourse against the private seller if he finds that the horse has a defect or other problem. This highlights the importance of stating the purchase contract in a written contract that expressly provides additional protection to the buyer. The Consumer Rights Act, 2015 (the Act) provides effective protection and redress to consumers who purchase goods and services from businesses. The law applies to the purchase of a smartphone as well as a competition horse.

Understanding how the nuances of the law apply to a live animal whose temperament and fitness are constantly changing is essential to exercising your legal rights. Does the law apply to all horse purchases? We call these rights “implied.” You do not need to accept or mention them, they automatically apply to agreements between merchants and consumers. Hi Ian, it is best to check your documents for the conditions of sale and seek legal help from a company that has experience in riding cases. Hannah founded The Equine Law Firm in 2017 to give riders access to a firm dedicated to the industry. Now they serve customers all over the world in terms of horses, from popular family animals to elite international team horses. To get in touch with Hannah, please visit her website, The Equine Law Firm. Casualness and informality in horse purchase contracts, even for horses on the seven-figure range, can lead to a bad deal for an expensive animal. Given the above considerations in terms of reliable verification, formalizing the transaction and communication should help both the buyer and seller get what they have negotiated for, and disputes regarding soundness and suitability should be significantly reduced. It`s hard to say. The number of instructions we receive is increasing. Admittedly, there has been an “increase” in the number of people buying invisible horses during lockdown who have proven to be unfit or unfit for whatever reason. Would it surprise you to learn that this sale did not have a happy ending? Shortly after Ann brought the horse home, she discovered many problems.

The horse struck aggressively while saddled and restrained. He was constantly banging on his stable walls and practically destroying them. He was lame unless he was treated with expensive hocks injections. When other horses approached him in the arena or on the trails, he went out. Ann tried to return the horse for a refund, but the seller refused. She is now considering legal action, but realizes that her legal fees could exceed the purchase price of the horse, and she knows that there is no guarantee that a court will order the seller to pay her attorney fees if she wins. If you plan to buy a horse from an individual, or if you are a merchant yourself, the law does not protect you and the principle of “beware buyers” applies. In these circumstances, it is therefore essential that you have defined one of the conditions agreed between you and the other party in a sales contract. Regardless of who buys from whom, the law of misrepresentation can also protect horse buyers (see below).