We are contacted by prospective clients on a daily basis who have either bought a horse which has turned out to be unsuitable for one reason or another or are the seller and are faced with the buyer wanting their money back. Each case will depend on the facts and circumstances surrounding  the sale but undoubtedly we find that there is 9 times out of ten nothing in writing which means that it is harder to prove what was agreed at the time of sale.
Below is a few tips that Buyers and Sellers should bare in mind when selling or buying a horse; the list is not exhaustive and if in doubt always seek specialist legal advice which may help to settle matters before you are faced with a bill for a return of a horse and legal fees.

1. As a seller write your advert carefully and be accurate in your description, don’t advertise your horse 100% in traffic if you have only ever ridden him down quiet country lanes. Both Sellers and Buyers should keep a copy of the advert which can be useful if there is a dispute in the future.

2. If you are having the Horse vetted which is always recommended, do not use the regular vet of the seller. You must instruct an independent vet and pay for the vet direct.

3. If  it is important that the Horse is good to load, ask to see him load. If  you ask the seller to confirm that the Hose is vice free get the seller to warrant that the Horse is vice free by writing this down and signing to say so. As a Seller if you have told the Buyer that the horse is green and has never been ridden out alone before, for example, write this down and ask to the buyer to sign it acknowledging the fact.

4. Don’t buy a horse without its’ passport.

5. As a buyer be realistic in your riding abilities and don’t  ‘over horse’ yourself.

6. If you discover a problem with your horse act quickly and inform the seller immediately and keep copies/ notes of all correspondence.

7. When you go to try or look at a horse to buy always take an experienced person with you if you are a novice.

8. If the Seller is selling on behalf of someone else, if appropriate contact the Owner direct. Whenever looking at a horse to buy ask lots of questions about vices/ what it has done/ its breeding/ competition record/ laminitis/ sweet itch/ head shaking/lameness etc

9. ‘Cut your losses’ if all has gone wrong and you end up with an unsuitable horse come to terms with the fact and don’t always insist on litigation which can be expensive, consider selling it to a more suitable home. As a Seller if a horse proves to be unsuitable for a Buyer consider taking the horse back and finding an alternative buyer, if the horse is genuine this shouldn’t be a problem.

10. Always have a written contract, with details of the buyer, seller, price and warranties (if any) given signed by both parties.

This article was kindly supplied by Kerry Dovey of Equine Law 

Kerry is a solicitor with a particular interest in equestrian-related legal matters. She advises on a
wide range of equine issues including sale and purchases of horses, acquisitions of equestrian and
agricultural property, and offers advice on loaning/grazing agreements. She is a member of the Equine
Lawyers Association. Kerry is a Native Pony Panel judge and regularly competes home produced horses in mountain and moorland ridden and WHP competitions, including qualifying for the Horse of the Year show. Kerry also has a good understanding of the agricultural sector and runs a 50 acre farm with her farrier husband on the edge of the New Forest Kerry.dovey@wandb.co.uk