Buyers Help

Buying a Horse

Buying a horse is often a large expense for most people and it is very worthwhile making sure that your purchase is as described, will suit you and that the deal is fair and honest. Below is a summary of the law and legislation that is there to protect you. We believe this to be accurate but always get advice from a qualified person if you have any queries in your purchase.

When buying a horse, your rights are the same as when buying any goods. Think about whether you are going to buy from a dealer, an auction or privately - the option you choose will mean a difference in your rights as the buyer.

Dealer

When you buy a horse from a dealer you have rights under the Sale of Goods Act 1979 (as amended) implied into your contract. The law says that the horse:

• Must be healthy and as described - based on what a reasonable person would expect.
• Must be fit for the purpose for which is sold - eg a horse sold as a show jumper must be able to jump
• Fit for any purpose made known to the seller. If you tell the dealer you want a show jumper and he assures you that it is, this is what should be supplied.
• The goods should be as described. If the horse is described as a certain height, breed etc it should be so. It is up to you to enquire about its health, vet certificates, passport, behaviour on the road, vices or background etc.

If you have any specific requirements make sure they are recorded on the invoice/order form before the sale so that its in your contract. Consider a loan period so you can trial your horse subject to vetting so you know what you are getting.

Query any unusual descriptions eg not a novice ride, experienced rider only. You cannot complain about issues with the horse which were pointed out to you at the time of purchase or which you should have noticed when you examined it. An advertisement or description of the horse given by the dealer should be correct and you are entitled to rely on that - but be cautious.

Auction

You have very few rights at auction as you can only rely on the description. If it is very cheap, is it too good to be true?

It is your responsibility to check everything.

Private Purchase

When making a private purchase you have no rights other than the description given. Care should be taken with health and conformation. It is always advisable to take an expert with you eg a vet before making your mind up.

If buying privately, make sure agreements are in writing as although written ones are legally binding, verbal agreements are difficult to prove.

Take in to consideration

• Road Safety
• Vices
• Temperament
• How easy to shoe, box, clip
• Experience, both yours and the horses
• Age - consider its age and what it has done

Once you have placed the deposit, however small, you have entered into a contract and you will be subject to its terms.
If you are taking the horse for a trial period, insure it, as you will be responsible for any injuries.
Be aware of sales terms eg 'has potential' - this cannot be relied on as a description.
Ask to see paperwork before you buy, once you have paid you are deemed to have accepted it.
It is helpful to take somebody with you who has some knowledge of horses if you are unsure.

Buying on Finance

Once you sign an agreement, it is legally binding.

Never sign a blank form as details you have not agreed to can be added without your knowledge and specific requirements could be omitted. Do not be pressurised into accepting the first deal you're offered and always check the total amount payable, monthly payments and consider whether you can afford this.

If you are unsure about the agreement or finance you are offered, do not sign. Get the details clarified before you commit yourself. Take time out to think the deal over before you sign and don't be afraid to walk away if you decide it is not right for you.

Passports

Since February 2005 the law requires that no person shall sell a horse without a passport. When buying a horse you would get the passport from either the seller or the auctioneer. Check that the passport details match up with the horse you are looking at.

If you buy a horse you will need to notify the passport issuing organisation (PIO) of your name, address and the name and identification number of the horse as recorded in Section 2 of the passport. You will also need to complete Section 1 of the passport in accordance with the rules of the PIO. Notification of the new owner should be made within 30 days of purchase.

Problems

In a private sale, ensure that you let the seller know of any problems as soon as possible and aim to sort them out amicably. Keep all documents safe and read them thoroughly. Consult a legal professional if you get stuck and need further help.

In a trade sale, if problems arise put your complaint in writing to the dealer, stating what the problem is and what you would like done. Give them a date by which you would like a reply. If they are not resolved, contact your local Trading Standards Office for further assistance.