Horse Sale & Purchase Dispute Solicitors
When buying or selling a horse it’s not unusual for disputes to arise, Especially where;
- A party appears to have breached the terms of the agreement, or
- Where there is no written sale agreement in place that either party can refer to
If you find yourself in a dispute about the sale or purchase of a horse, it is important to act fast. You only have a short period of time to;
- Prove the issues you are experiencing weren’t present when you bought the animal, and
- Request a refund.
At Rothera Bray, our equestrian solicitors have experience dealing with a wide variety of disputes. We can help you whether you have been mis-sold a horse or you are a seller facing a claim of mis-selling.
Call our Equine Law Team Email our Equine Law Team
I Bought a Horse and Want to Reject it But Don’t Know Who the Seller Is?
When advising a buyer, we often need to identify who the seller is. Sometimes the person selling the horse and the person you are buying it from are not the same person. We often come across circumstances involving sales agents and limited companies.
Drawing up a horse sale and purchase agreement sets out who the purchaser is, who the seller is and who owner is. It will remove any uncertainty about who is responsible if the horse is not of satisfactory quality.
I Purchased a Horse, But it is Not of Satisfactory Quality, Can I Make a Claim?
The following factors are usually taken into account when deciding if a horse is of satisfactory quality:
- The description of the horse. This includes adverts and any other written or verbal descriptions provided by the seller or their agent.
- The price paid for the horse.
- All other relevant circumstances. For example, if you made the seller aware that you needed a horse for show jumping at a certain level. But the horse you purchased is not fit for this purpose.
If you bought the horse from a commercial seller, the Consumer Rights Act 2015 protects you. This means you have a right to request a refund if the horse is not of satisfactory quality.
However, if you purchased the horse from a private seller, you don’t have that protection. The onus is on you as the buyer to consider all aspects of the purchase and ensure that the horse is as described.
I Don’t Want to Proceed With the Purchase of a Horse, But the Seller Wants to Keep My Deposit, Can I Get it Back?
During the sale of a horse, the prospective buyer will often pay the seller a deposit to secure the horse.
If the sale doesn’t go ahead, the seller might say they are retaining the deposit as protection against the risk that the buyer would walk away.
Under common law, the deposit might be classed as either:
- A ‘true’ deposit: A partial payment of the purchase price and a promise by the buyer that they will perform the terms of the contract.
- A part-payment: Which does not guarantee the buyer will proceed with the purchase. A seller cannot withhold a deposit if the buyer does not proceed.
If you have a receipt for your deposit, it should state what the parties agreed this payment would represent.
Without a receipt, we would need to investigate;
- What all parties agreed
- What action all parties took, and
- What all parties intended to happen in the event the sale didn’t take place.
Often buyers and sellers might reach a compromise over the deposit. Especially if it is a modest amount.
Can I Reject a Horse I Have Purchased?
Under the Consumer Rights Act 2015 you have the right to reject a horse if;
- It is not what you expected at the time of delivery, and
- The implied terms of the Act are breached.
Under the Consumer Rights Act, act you have 30 days to reject the horse. Where you have lost the right to reject the horse you need to allow the seller at least one opportunity to repair or replace it.
If the seller’s attempt to replace or repair the horse fails, or is not workable, you can exercise a final right to object. It is best to do this in writing.
What Can I Claim For?
You can claim for;
- A refund of the purchase price, as well as
- Damages for other costs you may have incurred such as vets’ fees, livery and feed
Why Use Rothera Bray?
We have significant experience in dealing with horse sale and purchase disputes. From more minor disagreements to complex claims.
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 strive to make every matter as stress free as possible”
Caroline Bowler
Equine Solicitor
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