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Buying a horse can be a minefield: holding deposits, dodgy dealers and misrepresentative adverts can leave buyers out of pocket and sometimes faced with a horse who wasnโt what they were expecting. Luckily, our expert is on hand to help you navigate through the laws in place to help you if you end up in a tricky situation.
Knowing where you stand from a legal point of view puts you in a good position to act before things go wrong. Itโll help you understand what questions to ask when youโre buying a horse and what to look out for. Here are the laws that apply to you when buying or selling a horse.
Meet the legal expert
Jessica Lees is an avid equestrian and solicitor in the commercial dispute resolution team at Freeths LLP. Sheโs advised on a number of equine cases including anti-doping proceedings, mis-sold horses and defective horseboxes. She tells us more about the legal ins and outs when it comes to buying and selling a horse.
Consumer Rights Act 2015
Explainedโฆ
This Act applies when a private individual is buying the horse from a trader, whose business it is to sell horses. Legally speaking, horses are considered โgoodsโ for the purposes of this Act. Therefore, when horses are bought and sold in these circumstances, they must meet a standard that a reasonable person would consider satisfactory. This takes into account any description of the horse, for example, the horseโs advert, and other relevant circumstances, such as the price. Any verbal or written statements regarding the horse can be deemed to be express terms added into the contract between the seller and the buyer.
Further to this, where the buyer makes known to the seller any particular purpose for which they are contracting for the horse, the horse must be fit for that particular purpose. Every contract to supply goods by description is also treated as including the term that the goods will match the description, and so, for example, if a trader advertises a horse โ whether in the advert or verbally โ as being โsuitable for a noviceโ and this turns out not to be the case, then the buyer may be able to make a claim under the Consumer Rights Act 2015.
In actionโฆ
If a horse doesnโt meet the terms of the contract set out between buyer and seller, in that heโs not of satisfactory quality, fit for purpose or doesnโt match his description, then the buyer has the short-term right to reject. This right can be exercised by the buyer telling the seller that theyโre rejecting the horse and treating the contract as at an end. From the time when the right is exercised, the seller has a duty to give the buyer a refund of the amount of money paid under the contract and the buyer has a duty to make the horse available for collection by the seller or to return the horse themselves, as agreed. The refund must be given within 14 days beginning on the day the seller agrees that the buyer is entitled to a refund. The seller must also pay any reasonable costs of returning the horse. The time limit for exercising the short-term right to reject is the end of 30 days starting with the first day after ownership or possession of the horse has been transferred to the buyer and the horse has been delivered.
Where the buyer has lost the right to reject the horse, they must allow the seller one opportunity to repair or replace the horse before the buyer can exercise the final right to reject. However, the right to repair or replacement is difficult to perform when dealing with horses, so is seldom exercised.
Misrepresentation Act 1967
Explainedโฆ
Where the person selling the horse is also a private individual, rather than a trader, the Consumer Rights Act 2015 doesnโt apply. Instead, there is a legal principle known as caveat emptor or โbuyer bewareโ. This means that the person buying the horse is responsible for reviewing the suitability and quality of the horse before purchasing. But, under the Misrepresentation Act 1967, any false statement made by the seller before the sale, regardless of whether it was said fraudulently, negligently or innocently, can constitute misrepresentation.
In actionโฆ
In a scenario where misrepresentation of a horse has occurred, the contract between seller and buyer becomes voidable and the buyer can choose whether to rescind or continue the contract. If they choose to rescind the contract, both parties are put back in the position that they would have been in had the contract never been made โ the buyer is refunded, and horse is returned to the seller. If expenses have been paid by the buyer, for example transport fees or a vetting, then it may also be possible for these sums to be claimed as damages.
DID YOU KNOW?
The Misrepresentation Act 1967 also applies when the seller is a trader, putting you in an even stronger position should something go wrong.
Other acts you should know about
Sale of Goods Act 1979 โ relevant when the seller and buyer are both acting in the course of business. This act imposes terms for fitness for purposes on the sale, removing some ambiguity.
Consumer Contract Regulations 2013 โ applies when the buyer is a private individual purchasing a horse unseen from a seller who is a trader. It gives the buyer the right to cancel the order for the horse from when the order is placed until 14 days from the day the horse is received. A refund should be received within 14 days of the seller receiving the horse back or, if the seller is collecting the horse, within 14 days from the date that the buyer informed the seller that they wanted to cancel the order.
If thereโs no agreement over whoโll pay the cost of returning the horse, it defaults to the seller.
As a seller
Itโs important to be honest if youโre thinking of selling your horse. Familiarise yourself with the above laws and ensure that any information you give out about the horse conforms to the requirements for the horse to be of a satisfactory quality, fit for any purpose that the buyer has made known to you and that he matches any description youโre giving of him.ย Where the buyer is purchasing unseen, the Consumer Contract Regulations 2013 mean that the buyer has the right to return a horse simply because theyโve changed their mind.
Best practice
Itโs always advisable to document conversations you have with a potential seller, take particular care to note the age of the horse, any existing issues, his temperament, ability, any quirks or vices and any specific terms of sale expressed by the seller. This is especially important when the seller is a private individual because the Consumer Rights Act 2015 will not apply in this situation.
It is also worth noting that, where the seller is a trader, they cannot exclude or restrict the buyerโs rights as set out in the Consumer Rights Act 2015.
It’s important to remember that the contents of this article are only a summary of the laws in place at the present time and doesnโt contain definitive advice. Specialist legal advice tailored to your circumstances should be sought in relation to any queries that may arise.
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I purchased a pony a month ago , with the change in the weather she has just started to come into the stable and the owner of the yard has advised that she wind sucks badly , she was sold with no vices , where do I stand ?
We purchased a horse (9yr old Arabian Stallion-has since been Gelded) we split the cost equally between us and another party. We have for the most part equally cared for and paid for its currently board. We have owned the horse for 8 months and they are now wanting to back out of the ownership. They are wanting 1/2 of what the horse is worth now vs. the actual half that they put up to originally buy the horse for. What are the legalities for such…
Hi Tanya, e-mail your questions to our panel of experts, [email protected] ๐
I bought a horse last year and received a bill of sale states that the horse was broke and sound but I noticed that his gums were a bluish grey color then 3 days after I bought him I noticed that he had a snotty nose so I googled about his gums being bluish gray and the information stated that is due to a lack of oxygen from a respiratory infection or illness. Now after giving him antibiotics and getting his weight back up to where he should be he feels better and his gums are the normal pink color he bucks hard when anyone rides him. Heโs at a trainerโs now and acts like he was never broke at all even though I rode him when I went to look at him The guy I purchased him from is willing to buy him back at almost 1/2 the price I paid for him. Do I have any rights to protect me?
I paid a deposit on a colt, was pressured into a time limit to make a decision and now have found out that I have no home to keep him after he is gelded for months until he is no longer fertile? help Please
Hi Ian, you’d be best placed checking your paperwork for the terms of the sale and seeking legal help from a firm thatโs experienced with equestrian cases.
what is the appropriate amount for a deposit on a horse?
i bought a horse and four days later he died. previous owner refuses to give money back
Hi could somebody please tell me where I stand on this matter we purchased a horse we were told it was three years old and it was advertised at three years old and on the passport itโs three years old we have since been told by the breeder of said Horse that it is actually six years old and also been confirmed by a vet I would like a refund am I legally entitled to one the horse was purchased from a sales livery yard/dealer?
Hi i paid a holding deposit on a horse advertised on facebook and only received the postcode prior to being blocked. Can i get my money back?
Hi have just purchased a safe horse for evening, we have now found out the horse was not to be sold as a riding horse as dangerous
I purchased a horse. I sent payment and expected proper paperwork. I received papers but no bill of sale. The registration office requires a BOS. I contacted seller who told me to sign the breeders name to one. I contacted breeder and asked him to send one. He said ok but it was never received. I asked him again to resend, he told me to go to the seller. Seller is avoiding me. What options do I have?
I purchased a horse that is not what they Said it is, they said it was broken in and I cannot even get the saddle on it we had it for one day and we Rode it and it was fine and then two weeks later it was off its head could not even get A saddle on it and kick Us And buck the saddle off.
i am in a syndicate and own1/8th of a racehorse purchased in April 2022. The horse has had breathing problems and he is not suitable for racing we found out that he had a hob day operation before we owned him and was not told about this operation when he was viewed and purchased. The Bloodstock Agent does not want to know about a refund or coming to an agreement.
I bought a horse that was advertised as a Warmblood/thoroughbred cross and paid a premium because of the Warmblood. 2 weeks later I found out sheโs actually a registered thoroughbred. And can prove it. In Florida we have the deceptive and unfair trade practices act. This is misrepresentation and fraud. Am I correct?
Hi
I have bought a horse for showjumping as he was advertised and paid a considerable amount of money for. Whilst being vetted it was noted he had fluid on his hocks. I was told he had always had it and was never a problem. I didnt notice it when viewing. He was sound and passed the vetting . This as in September . Recently due to rider error and the horse they have experienced two rotational falls. Luckily both times horse and rider were fine. I have had a vet check the horse and they have said that he should never of passed the vetting and shouldnโt be jumped therefore not fit for purpose. Obviously I am greatly concerned for my daughter and her safety . I really dont know what to do. The horse is so loving which makes it so difficult.
Hi, I’ve purchased a horse from a lady who is a trainer not a trader but sold on behalf of someone our 30 days is up today, she is saying because she is not a trader I don’t have the same rights, I paid the seller the deposit and the owner the balance, horse napps and both trainer and owner say it didn’t with them? Thanks
I sold a horse you can tell when you look at it eye that itโs blind . They bought the horse have rode it but now they want their money back. Someone else did the trade he said he told them they are saying he didnโt. No paper work or bos was done. What are my rights
Hello my daughter has had horses since she was very young, I recently bought a horse for her from a private buyer for ยฃ10,000. After a short time the horse was slowly deterioting
She called out the vet and he told her there was nothing he could do for the horse so she was left without being able to ride her.
Is there anyway I can my money back as the vet said the problem was there long before she bought it
Thank you Leslie Sadler