Buying a Horse

What do you want you horse to do?

When buying a horse you can avoid some of the common pitfalls by following the practical steps provided below. If you have issues with your new horse we have provided some advise on what you can do next.

Here are some practical steps before you buy:

• Be clear about what you expect the horse to do, including the temperament and physical ability you require.
• Take someone you trust with the appropriate expertise to see through a sales pitch and assess whether the horse is right for you and your riding ability.
• If you arrive and the horse is being worked (lunged or ridden), ask yourself why. If it is in its stable but is warm or has sweat marks again, ask yourself why.
• Ask about the horse’s background, experience, temperament and age.
• Find out why the horse is being sold, and if a dealer is selling it, ask why the horse came to them in the first place.
• Ask to see the passport to compare the details and make a note of any previous owners who could provide further information.
• Ask about any previous injuries, health issues, medication, treatments, shoeing requirements, issues, vices etc.
• Ask to see the horse being handled in and out of the stable.
• How does it behave in different environments e.g. hacking, competitions, loading and travelling?
• How is it to rug up, to load, shoe and clip? Ask for this to be demonstrated.
• See the horse being trotted up without tack to get a feel for how it behaves and how it moves without human intervention.
• Monitor how the horse behaves and reacts to being tacked up.
• It is strongly recommended that the owner or jockey rides the horse before you do so you can see it worked through all its paces. If you want to jump the horse, this should be demonstrated at a level appropriate to the horse’s age and experience.
• Always arrange to see the horse a second time and if possible take it on trial for a short period. Always be clear about the terms of that arrangement before taking the horse.
• Arrange for your vet or an independent vet (not the owners) to complete a pre-purchase examination or 5 stage vetting and ensure that the vet understands exactly the type and the regularity of work the horse will undertake. This will provide an accurate assessment based on the horse’s confirmation and health.
• If you are considering purchasing the horse, ask the seller for a written description of the horse and all the information that they’ve given to you verbally such as history and temperament.
• Don’t pay for the horse or put down a deposit until you are certain you wish to proceed, as any deposit, no matter how small, can be legally binding.
• Always obtain a written purchase agreement.
• Keep a copy of the advert, invoices and agreements.

If you encounter a problem with a horse after you have settled in at home then you may want to discuss the issues with Michael Bower.

What if?

• Your bombproof hack won’t go beyond the end of the drive.
• Your perfect showjumper or eventer has an underlying condition you weren’t told about which means it is only fit for flat work and hacking out.
• The seller didn’t classify your horse eating its way through its stable and wind-sucking as a vice.
• That “first pony” your children were so excited about is losing its appeal as they spend more time on the floor than on its back.
• You double-check the passport, and the details don’t match the horse you purchased.

Always remember

• A change in a horse’s environment, routine, feed or owner can be extremely stressful. This can cause changes in behaviour and temperament which may resolve themselves in a few days.
• It is always advisable to notify the seller and discuss these changes or any other issues as soon as possible. Keep a note of the conversation for future reference in case matters aren’t resolved and legal action is required.

Buying a horse from a private individual – if a dispute arises:

• Seek appropriate legal advice.
• You will need to prove that the seller didn’t make you aware of a problem that they knew about or should (in their position) have known about. They misrepresented or described the horse inaccurately and as a result you have suffered a financial loss.
• If a Breach of Contract can be proved, then you may have the right to a full refund of the cost of the horse and any expenses that you have incurred, e.g. keep/livery, vets and travelling costs.
• You need to be aware that these cases can often be very complex and, therefore as a result expensive to pursue.
• In some cases, it will be possible to agree on a settlement, avoiding the need to incur the expense of going to court. You will need to consider the price you paid for the horse and any expenses incurred against the cost of the litigation.

Buying a horse from a dealer or professional – if a dispute arises:

• Seek appropriate legal advice.
• A professional horse seller or dealer shouldn’t have any issues in taking a horse back if it has behavioural or health issues. Normally they should offer a more suitable horse or refund the full amount of the price paid.
• If they offer to sell the horse on your behalf, politely refuse as you would be responsible to the next purchaser if the horse continues to display behavioural or health issues.
• When the seller is a business you are protected under the Consumer Rights Act 2015 and the Sale of Goods Act 1979; this means that:
  • The horse must be as described e.g. “8-year-old Irish Sport Horse mare” or “Quiet to load, shoe & clip”.
  • The horse must be fit for purpose e.g. “first pony” or “top eventer”.
  • The horse must be fit for purpose e.g. it must not have any physical or health problems that would prevent it from performing at the level you require.

The British Horse Society provides some very useful information on their website. This includes:

• the costs associated with keeping a horse
• passports
• buying a horse
• loaning a horse

Initial Enquiry

We would be delighted to explain how we can help. To contact us, please:

• call now on freephone 0300 303 2865
• email on info@michaelbowerequinelaw.co.uk or,
• complete our Online Enquiry