Sport In Profile UK Issue 05 | Page 9

equine law to return the horse to its previous owner if it does not comply with its description. After this period, the buyer has no right of recourse. If the horse is sold unwarranted, the buyer takes the risk of not having any come back if things go wrong. It is for this reason that unwarranted horses often sell for lower prices in comparison to warranted horses. Buying from abroad There is a great trend of buying horses abroad, and it cannot be denied that some very good quality horses come from abroad. Whether you are purchasing via a dealer, a private seller or an auction house, having purchased the horse from abroad, it is essential that you have a sale agreement, which has a clause agreeing that in the event of dispute the matter shall be governed by English law and shall be heard and determined in England. Without such an agreement, should things go wrong when you get the horse home, you must pursue a claim in the jurisdiction within which you purchased the horse. Not only is there a potential language barrier, but the vision of spending a day in a foreign court, and applying the principles of the law of that particular jurisdiction, is daunting to say the least. It is therefore essential that buyers have a contract of sale when purchasing a horse from abroad, which will set out the use for which the horse was sold, any vices that the horse has, a time period in which a complaint should be made or the horse returned, and the jurisdiction in which any claim will be dealt with. When buying a horse the above guidelines are useful, however it is ideal to take independent professional advice, which will be tailored around yourself, the horse that you are looking to purchase, and the circumstances in which the purchase will take place. Jacqui Fulton (Solicitor Advocate) Email: [email protected] Tel: 0121 308 3132 Website: www.equinelawuk.co.uk www.sportip.biz 9