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
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