Horse Sale or Purchase Agreements

Can I write a horse sale and purchase agreement myself?

You can draw up your own horse sale and purchase agreement yourself using an online template. But we strongly recommend asking a solicitor who specialises in equestrian law.
An equine solicitor can tailor the agreement to your specific circumstances. So, if you have to pull out of the sale or purchase, both parties know what happens next. This will prevent disputes arising or getting out of hand.

Are horse sale agreements legally binding?

Written horse sale and purchase agreements are legally binding. That means are protected in the event that a dispute should arise.

Verbal agreements are also legally binding. However, it’s difficult to prove the terms of an agreement if things go wrong.

If you;

1. Buy a horse and it isn’t as you expected, or
2. Sell a horse and the buyer then tries to reject it

It would be difficult to prove what both parties agreed and may make it much harder to resolve any disputes.

That’s why we recommend drawing up a written contract.

What should I include in a horse sale or purchase agreement?

The horse sale and purchase agreement should include details such as:

• The names and addresses of the parties
• The date of purchase and date of completion of the contract
• Details of the horse
• The purchase price of the horse and how the funds will be paid
• When and how the horse will be delivered or made available for delivery to the buyer
• Any behavioural problems, vices or illnesses which have been disclosed to the buyer
• In the case of a breach of contract, when and how the buyer will be allowed to return the horse
• The time in which a complaint can be made, or the horse must be returned.

What should I do before entering into a horse sale or purchase?

Regardless of where you’re buying or selling a horse, there are steps you can take to protect yourself before entering into a legal agreement.

If you’re buying a horse

If you’re a buyer, consider:

• Arranging a second viewing of the horse, and
• Discuss the purchase with a knowledgeable friend

If you still want to buy the horse, arrange a pre-purchase veterinary examination. Also. ask the vet to make sure the microchip in the horse matches the details on the horses passport.

You could also ask the buyer for a trial period to ensure the horse you’re buying is right for you. A trial period should cover details in writing such as insurance costs and emergency vet care.

There might also be some aspects of the sale you want to discuss with the seller before entering an agreement. These could include:

• Arrangements about deposit
• A trial period
• Public liability insurance cover

If you’re selling a horse

If you are selling a horse, it’s important to find out whether you are a business seller or private seller.

If you’re a business seller, then you will need to sell the horse in accordance with the Sale of Goods Act 1979.

You also need to ensure that you describe the horse accurately to potential buyers. You should be legally authorised or have permission to sell the horse. If not, you need to inform potential buyers if you are not the legal owner.

If you find someone who wants to buy your horse, ask their vet for a reference to ensure your horse will be going to a caring and responsible owner.

The horse I bought is unsuitable. Am I protected?

If you bought the horse from:

• A dealer, or
• Someone who sells horses as part of their business

Then you are covered by both the Consumer Rights Act 2015 and the Sale of Goods Act 1979. Both enforce implied terms into the contract of the sale.

For example, the horse should be of satisfactory quality, be fit for the purpose for which they sold it to you.

If you bought the horse from a private seller then caveat emptor, or “let the buyer beware” applies. So you cannot rely on the implied terms of the two acts above. In this case you may not be able to reject the horse unless you can prove that the seller has breached the terms stated in the contract.

Using Rothera Bray for horse sale or purchase agreements

We have significant experience in drawing up horse sale and purchase agreements. We’ll work with you to create a tailored agreement that meets the specific requirements of you and your horse.

We can also help you with

• Stud agreements
• Horse co-ownership agreements
• Livery agreements
• Horse loan agreements
• Horse sale and purchase disputes
• Equine veterinary disputes
• Horse riding accidents