Know your rights when it comes to buying and selling a horse
AS a specialist equine lawyer, I am often asked what a buyer or seller of a horse can do to protect themselves from a deal going wrong. Here, I answer some of my most frequently asked questions.
Is the advert important?
Yes! People often do not realise that things said in adverts, including social media adverts, are relied on by buyers and the seller is legally accountable for what they have said.
A seller, both dealers and private individuals, cannot sell a horse knowing that the advert is not accurate or includes half-truths as the buyer may rely upon this misrepresentation and therefore have a legal claim.
What about questions?
As a buyer, it is important to ask as many questions as you want, and a seller must answer the questions as honestly as possible.
To avoid any misrepresentation, the horse being bought must match any description given to the buyer either written (in messages) or verbally (in conversation). If you are buying a horse for a specific purpose e.g. to jump at least 1m, you must make the seller aware of this.
To cover yourself as much as possible, either as a buyer or seller, the sale should be set out in a contract drafted by an equine lawyer.
Are there any differences between buying from an individual and a dealer?
As mentioned above, individuals and dealers must both accurately represent the horse being sold. When buying from a dealer, additional things are implied into your contract by the Consumer Rights Act 2015 (CRA). The CRA does not apply to a sale by a private individual.
What if things do go wrong?
Firstly, there is no legal redress if a buyer has simply changed their mind. However, if there is something wrong with the horse, speak to a specialist equine lawyer.
If you have bought from a dealer, under the CRA you have a legal right to reject the horse if it does not match the description you were given (e.g. it is not fit for purpose) within the first 30 days. If you are outside the
30 days, you can ask for a repair (e.g. having the horse re-schooled), a replacement or potentially a partial refund.
If you have been told false information about the horse, by a dealer or a private individual, the false statement must have influenced you into buying the horse, although it does not need to be the only thing that influenced you. You must have also relied on the representations about the horse. It is possible for you to claim damages for the losses you’ve suffered due to the misrepresentation. ● If you have any queries about drafting equine agreements or contracts, or have a potential dispute, please do not hesitate to contact Rebecca Stojak.
● rebecca.stojak@ geldards.com or call 01332 378378