Horse Sale or Purchase Agreements
A horse sale and purchase agreement is a vital contract to have in place if you are looking to sell or buy a horse. Without one, if the horse you buy:
- Is no longer fit for purpose or
- Does not match the description provided by the seller, or
- The buyer backs out of the sale at the last minute
Then it will be the buyer’s word against the seller’s word.
Our equine law specialists have a wealth of experience in drawing up horse sale and purchase agreements. We can tailor your contract to reflect your circumstances and needs.
Call our Equine Law Team Email our Equine Law Team
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;
- Buy a horse and it isn’t as you expected, or
- 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
Send us a message
“We’ll make sure that all the ‘grey areas’ are covered when you’re buying or selling a horse”
Caroline Bowler
Equine Partner
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