The Law and You
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BUYING A HORSE OR PONY
Elyned Ashcroft
Elyned Ashcroft is a solicitor with Cartmell Shepherd of Carlisle who are ranked the top agricultural law practice in the North West by the independent Chambers guide. She lives on a hill farm in the Pennines with her husband and three children, where they keep Kendal Rough sheep and pedigree Fell ponies. Her contact is eda@cartmells.co.uk
Sample Case: I am 24 years old and have hunted since I was three. Before the season began I bought what was supposed to be a great hunter; said to be 100% safe. It has turned out to be anything but, and has really knocked my confidence (he bolts flat out whilst bucking). I cannot afford to buy one now as all my money is tied up in this other horse which I will not sell to anyone knowing what he is like.
A lot of readers may be thinking of buying or selling a horse or pony. Once the animal has been chosen and the deal done a contract, often an oral one, is made. Disputes sometimes result when the horse or pony turns out to be unsuitable for the buyer or the job they wanted it to do, to be unsound or to have vices (whether of the type which makes the animal dangerous to others or damages its health).
In the eyes of the law, the horse is treated as a simple possession in the same way as any other purchase such as a car. A buyer of a horse which it turns out is for any reason not as it was described by the seller has, to various extents, the protection of the Sale of Goods Act 1979 (as amended). The way this Act governs the transaction depends on whether the seller was a private individual, a dealer or sold through an auction.
If the horse or pony is bought from a private individual the buyer can rely on some implied terms under the Sale of Goods Act. These are that the seller has the right to sell the animal and that it lives up to their description of it. If the description is very scant then it is up to the buyer to ask questions, the answers can be relied upon. If the seller is wise they will give honest answers. A buyer should consider having the animal vetted as they will be able to rely upon this and may have a claim against the vet if a certificate is given negligently.
If the purchase is from a dealer or some other person selling in the course of a business then there is the additional requirement that the horse or pony be of “satisfactory quality” ie it should be fit for purpose which includes being safe and durable, free from minor defects and blemishes. However, the seller can protect themselves by bringing the defects to the buyer’s attention before the contract is made which will prevent the buyer from being able to make a fuss about them later. Also, if the buyer had the animal vetted and the defect should have been spotted by the vet then the seller will not be responsible for it. The buyer will have to sue the vet. The period of six months after the sale is important here because if the defect is found within that time then it is assumed to have existed at the point the contract was formed (unless the seller can prove otherwise), if outside that time then the buyer has to prove that it did.
If the horse or pony is bought from an auction then the sale catalogue will need to be inspected. The Sale of Goods Act can be excluded by auctioneers and if the terms and conditions of the sale set out in the catalogue state this then the buyer will only have the same protection as when buying from a private individual. Redress is generally against the seller rather than the auctioneer. The description will be that written in the catalogue or given verbally by the seller.
The Sale of Goods Act does not apply in Scotland.
In all purchases, the description of the horse or pony is made up of all the information given to the buyer about the animal before the contract is made such as in the advert, verbally on the telephone at the initial enquiry and from the conversation, seller’s representations and answers to the buyer’s questions when the animal in inspected. It is good practice to retain a copy of the advert and to at least make notes of conversations if you feel uncomfortable with the formality of confirming in writing your understanding of what is being offered. It is useful to take photographs and to have someone with you. This will all be helpful should things go wrong. If there is a dispute having strong evidence can actually help to prompt a satisfactory settlement without the need for legal action.