Buying your first horse, second horse or even 100th horse can be confusing and stressful. Dodgey dealers, false advertisements, and buying unseen can leave you with an unsuitable horse/pony that is costing you thousands of pounds in vet bills.
Trying to navigate the horsey world with a mix of untruthful sellers can lead you to a situation you never dreamt of.
It’s important to know whether you are buying from a private seller or a dealer as your legal rights will be different in each case. You should also establish if the person you are dealing with is the horse’s owner, or if they are an agent on behalf of a third party via a sales livery or similar.
I have bought my horse from a dealer
If you have purchased your new equine from a dealer, you will be protected by the Consumer Rights Act 2015. Luckily, you are the most protected when buying from a dealer (also known as a trader).
If you find your new horse has a problem, making them unsuitable for the purpose you bought them for, you’re entitled to your money back — even if the seller denies knowledge.
Under the Consumer Rights Act 2015, you could bring a claim if you are a private individual acting outside of business but purchasing from an individual acting during the course of business.
This Act, which applies to all sales between a dealer and purchaser, implies the following conditions of sale — even if the horse is “sold as seen” or states similar within the contract.
These are:
- The horse must be of “satisfactory quality” (sound, not lame. Unless you have prior knowledge and accept the condition.)
- The horse must be “fit for purpose” (Whatever the purpose is that it was sold, or any purpose made known at the time of the purchase and contract.)
- The horse must be “as described” (at both the point of sale and when arrived or collected. If your new 12-year-old horse turns out to be 22, that’s a breach.)
If your new horse falls outside of these points, you could be entitled to bring a claim.
Under this Act, you have the right to reject the horse, and the seller is required to provide a full refund in certain circumstances. However, the horse must be rejected within the 30 days of delivery/ arrival. After the 30 days, your right become more limited.
I have bought my horse from a private seller
If you have bought your horse privately, your legal stance is a lot weaker and you have less protection due to caveat emptor. This is essentially, let the buyer beware; meaning the buyer purchases at their own risk. In these cases, you must prove that the seller knew or ought to have known about the problem/ defect prior to your purchase in order for you to potentially seek a refund.
Buying from a private seller means that it is on you to do your research and consider every aspect of the purchase. This can include 5-stage vetting, seeking previous owners, etc. It is useful to make notes and evidence the original advert, and retain all messages you have with the seller that show your intentions and any information they provide you on the horse.
I have bought my horse unseen
If you are a private individual and have bought your horse unseen, which is extremely common since the Covid-19 pandemic, Consumer Contract Regulations 2013 allows you a 14 day trial. This starts from the date the horse is in your possession, and you are free to cancel and return the horse anytime within the 14 days.
How do I determine if they are a private seller or dealer?
Unfortunately, there is no statutory definition of a dealer but the Courts will consider whether the deal was sold in accordance with their craft, trade, or profession. However, a generic understanding is a dealer is someone who regularly buys and sells horses (or does so from time to time for profit).
Researching the “dealers” name, and collating any/ all adverts of horses they are selling or sold that you can find may assist in determining if they are privately selling or a dealer.
Are you a business buying a horse from another business?
If you are acting during the course of business and buying a horse from another business (i.e. dealer buying from a dealer) the Sale of Goods Act 1979 may be applicable as an option to you. Within this Act, it carried the same criteria as the Consumer Rights Act 2015 of:
- The horse must be of satisfactory quality
- The horse must be fit for purpose
- The horse must be as described
Misrepresentations
As we all know, the level of conversation we have with the seller prior to concluding a deal is large. Sometimes, a false statement will be made both verbally or written and could be classed as misrepresentation. If this is the case, the Misrepresentation Act 1967 may apply.
The statement must have been made prior to the sale and induced you to purchase the horse. There are multiple types of misrepresentation such as, fraudulently, negligently, and innocently. If any of these can be proven, this may make the contract voidable.
I want to proceed with a claim. How do I get started?
On the basis that we have carried out all the relevant investigations and the prospects of success are sufficient; we can look to proceed.
As always, we will look to reasonably seek a resolution with the Defendant (the dealer) prior to issuing any Court proceedings. However, before issuing Court proceedings there is a Pre-Action Protocol that must be adhered to. A letter before action will need to be sent to the Defendant, which must allow them time to respond, before Court proceedings are issued.
The content of the letter before action is very specific and it is important that the letter before action is properly drafted and includes all of the relevant items in accordance with the Civil Procedure Rules.
If the matter cannot be resolved without the need for Court proceedings and if Alternative Dispute Resolution (mediation etc.) has been attempted (or refused by one party) then Court proceedings can potentially be issued. This is a costly process and unless your claim is worth more than £10,000, this will be a small claims matter.
Comment
Your rights can be confusing when it comes to being mis-sold a horse. As always, horse welfare must come first, even in the most heated disputes.
It is recommended that a contract always be drawn up between the seller and purchaser to ensure that things are clear. Always ensure that you have read and understood the agreement before signing.
How can we help?
Leah Mackay is a Solicitor Apprentice in our Dispute Resolution Team.
If you believe you have been mis-sold a horse and wish to seek legal advice, please contact Leah or a member of the team on 01245 584549 or complete our online enquiry form.