Legal advice
Your rights when buying a horse Insurance cover while trying a horse
QI’m on the hunt for a new horse. Do my rights vary if I buy a horse from a dealer or an individual? Mary Grant, Essex Rebecca says... If you buy a horse from an individual, then the horse must match any description given — ie, in the advert, written messages or orally before you buy the horse. If you buy a horse from a dealer, the Consumer Rights Act 2015 (the “Act”) will apply if you are what is classified by the Act as a “consumer” — ie, buying the horse is outside of your trade or business. Most amateur riders will fall into this category. If you buy a horse at an auction, you are not a consumer and you don’t have the same rights as you do against a dealer. If the dealer denies that you’re a consumer, it will be for them to prove that they are right.
The Consumer Rights Act
The Act confirms that you can reject the horse (or possibly claim damages, depending on the facts) if the horse is: Not of satisfactory quality (ie, the quality that an average person would consider satisfactory quality, taking into account the price, description and other relevant circumstances). If the defects have been pointed out to you by the seller before the purchase, or an examination (such as vetting) should have revealed the defect, you cannot rely on these defects to reject the horse or claim damages. Not fit for the purpose you made the seller aware of before you bought the horse, either expressly or by your conduct. For example, if you said you wanted the horse to get back into showjumping, this means the horse would need to be able to jump a course of jumps. You will not be able to rely on fit for purpose if it’s unreasonable for you to rely on the judgment or skill of the seller, for example if you took your trainer with you or you relied on a vetting. Not as described — ie, in the advert, in conversations or in correspondence before you bought the horse.
If he’s not quite right
If the horse isn’t right (for the reasons set out above), you can reject it within 30 days of buying the horse and get a full refund. This is the short-term right to reject. After the 30-day period has expired, the trader has one chance to repair (for example re-school) or replace (if, say, the dealer has other suitable horses at their yard). If repair or replacement are impossible, you would have the right to a price reduction, or final right to reject the horse for a full refund. For the first six months, the burden of proof is on the seller — ie, they must show that the horse was of satisfactory quality and fit for purpose. After six months, it’s for the buyer to prove the faults were there.