Buying a Horse? We Can Help | Waddington Turner Wall Solicitors

Rocky 1998-2025 - various photos of a horse

Are you considering buying a horse?

Here are some practical steps you can take before you buy a horse.

Define your ideal horse: Clearly outline the required temperament, physical ability, and intended use for the horse.
Bring an expert: Take a trusted, knowledgeable person with you to assess the horse. Preferrably someone who can see through sales pitches.
Investigate initial observations: Question why the horse is being worked or appears sweaty upon your arrival.
Gather background information: Ask about the horse's history, experience, temperament, age, and reasons for sale. Obtain and review the passport.
Enquire about health and vices: Ask for full disclosure on past injuries, health issues, medications, and vices. It is always useful to have veterinary records.
Observe handling and behaviour: See the horse handled in and out of the stable. You may wish to ask the demostrations of rugging, clipping tacking up (if appropriate). Ask questions about its behaviour in various environments e.g., hacking, loading, shoeing.
Witness the horse working: Before you ride, have the current owner or jockey ride the horse through all paces, including jumping, if applicable.
Arrange a second viewing and trial: Always see the horse at least twice and, if possible, arrange a short trial period with clear terms.
Get a pre-purchase veterinary examination: Schedule an independent 5-stage vetting with a vet who understands your intended use for the horse. The potential buyer must get their own or an independent vet, not the seller's. Try to avoid using the seller's vet to ensure that you receive an impartial assessment.
Secure written agreements: Obtain a written description, an explicit purchase agreement, and avoid paying deposits until you're sure you want to proceed.
Records: Always keep any paperwork and correspondence with the seller including adverts, social media posts, text messages and emails.

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

Buying a horse can be an exciting prospect, but without proper due diligence, you might find yourself in a less-than-ideal situation. Here are some common pitfalls to avoid:

Unsuitable Temperament/Ability: Your "bombproof" hack might refuse to leave the driveway, or the "perfect" showjumper could have a hidden condition limiting it to light work.
Undisclosed Vices: The seller might omit information about vices, such as your new horse chewing its stable or wind-sucking.
Mismatched "First Pony": That dream "first pony" for your children could turn into a nightmare if they spend more time falling off than riding.
Passport Discrepancies: The horse's passport details might not match the animal you've purchased, leading to potential complications.

Considering these points can help you make a more informed decision when looking for your next equine partner.

If you believe you have a claim against a seller, seek legal advice immediately. You'll need to demonstrate that the seller knowingly or negligently misrepresented the horse, leading to your financial loss.

Successfully proving a breach of contract could entitle you to a full refund for the horse and incurred expenses (e.g., livery, vet, travel). Be aware that these cases are often complex and costly to pursue.

In some instances, a settlement can be reached, avoiding court expenses. When considering litigation, weigh the horse's price and your expenses against the potential legal costs.

If you've purchased a horse from a professional seller or dealer and encounter behavioural or health issues, seek immediate legal advice. Reputable dealers should typically offer a replacement horse or a full refund. Politely decline any offers for them to sell the horse on your behalf, as this could transfer liability to you for future problems.

When buying from a business, you are protected by the Consumer Rights Act 2015 and the Sale of Goods Act 1979. This ensures the horse must:

Match its description: For example, if advertised as an "8-year-old Irish Sport Horse mare" or "Quiet to load, shoe & clip," it must live up to those claims.
Be fit for purpose: It must be suitable for the stated use, whether a "first pony" or a "top eventer."

Be free from undisclosed issues: It should not have physical or health problems that prevent it from performing as required.

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