Sport In Profile UK Issue 05 | Page 8

equine law FOLLOW US ONLINE TWITTER.COM/SPORTINPROFILE Equine Law BUYING A HORSE? PROTECT YOURSELF Buying a horse is to many owners and riders a substantial investment. It is therefore important that not only do you thoroughly research the horse that you are going to buy, before buying it, but also that you protect yourself legally. If, having bedded your new horse into his new home, he turns out to be a different animal to the way he was described, the amount of research that you did before buying the horse, and whether you have a sale contract in place, will affect whether or not you have a legal right of recourse. There are three main avenues to pursue when purchasing a horse in the UK:- Buying from a horse dealer Buying from a private seller There are many horse dealers and organisations in the UK that deal in buying and selling horses, and as the sport continues to grow, the number of dealers specialising in the sale of horses are increasing. Because these dealers are selling horses in the course of business, they are subject to The Sale of Goods Act 1979 (as amended) which implies statutory terms to protect the buyer. These terms are:- Many potential stars and established horses are sold via private sellers. The difference between buying from a dealer to buying from a private seller is that when buying a horse from a private seller, the buyer is not protected by the terms implied by section 14 of the Sale of Goods Act. This is because the private seller is not selling in the course of business. • the horse must be fit for the purpose for which it was sold; • the horse must be of satisfactory quality; • the horse must be as described by the seller during the sales process. In the event of dispute after purchase, these statutory terms can be relied upon by the buyer. If the buyer can prove that the horse was not sold in accordance with the statutory terms, he has the right to reject the horse. It is, however, impossible for a purchaser to ask every question about a horse and its past during the buying process, and it is even more difficult in the event of a dispute to prove what was and was not asked by the buyer and said in response, by the seller. It is therefore a good idea to have a checklist of questions to ask the seller. The seller should sign the checklist to confirm that your notes do match what he has said about the horse. If the seller refuses to sign the checklist, you have to ask yourself “well why not?” The buyer should keep the checklist along with a written note of the an swers given by the seller. 8 Issue 05 In a sale between a buyer and a private seller the common law rule of caveat emptor (or ‘buyer beware’) applies and there will be no comeback over undiscovered vices unless the purchaser has an express agreement with the seller. This agreement is therefore the difference between having a right of recourse if the horse does have a vice of which you were not advised by the seller, and having no right of recourse, because you had no agreement and should have been ‘buyer beware’. The agreement (in the form of a written contract) should provide exactly when and how the buyer will be allowed to return the horse for breach. Ideally the contract should specify a time limit within which a complaint must be made or the animal returned, and no action can be brought if this time has passed. A checklist once again is a good idea, and should be signed by the seller. Buying from an auction Auction houses operate high performance sales and elite auctions specifically for the sale of horses. Such sales usually specify their own terms and conditions of sale. If a horse is sold warranted, it is usual that the buyer has 7 days within which