Top 5 red flags when buying a horse: an equine lawyer’s view

Avoid costly mistakes when buying your next horse: equine solicitor, Hannah Bradley, shares the biggest red flags to look out for when viewing and negotiating to buy a horse.

Equine solicitors are often consulted when the purchase of a horse has taken an adverse turn. Whilst it is often possible to find a resolution to such a problem, there are frequently themes arising in disputes post sale, which, from a buyer’s perspective, may indicate that caution should be exercised. These tips may help you to avoid a dispute, before it has arisen.

1. Identity of owner is not clear – The use of a sales agent is often a helpful tool for both buyer and seller. However, it should always be clear who that agent is acting for. If an agent does not disclose the details of the seller, a buyer will find it significantly more difficult to find recourse after the sale, if a problem arises. If a sales agent is presenting the horse, ask if you will receive the seller’s name and address if you proceed to purchase the horse. You may also wish to confirm that a contract will be signed between the seller and the buyer, to reduce the risk of an agent taking an undisclosed commission.

   
   

2. Unwilling to sign a written contract – The use of a well-prepared contract will remove a significant degree of uncertainty from the transaction. Contracts are not something to be feared- they can provide clarity and protection in the event of a dispute about the horse. If a seller is reluctant to use a contract, this could be a sign that they anticipate a problem arising after the sale. If a seller presents you with a contract, you should always have it reviewed by a qualified legal professional where possible.

   
   

3. Horse’s passport is not there – By law a horse’s passport should be kept with it. If you wish to see the passport at a viewing, it should be available for inspection. Reluctance to show it could signal that something is awry.

   
   

4. Rushing – many clients involved in a dispute concerning a sale report to us that they were rushed into making the decision to buy. They were told that other buyers wanted to come or that someone else was making an offer. Whilst it may often be the case that there are multiple interested parties, a buyer should not feel unduly rushed into proceeding, particularly if it is at the expense of an inspection by a vet.

   
   

5. Restricting choice of vet – A prospective buyer should be able to make their own choice of vet for the purpose of a pre purchase examination and this will usually be a vet without any connection to the seller. You should only agree to the use of the seller’s vet if the seller provides express written permission that the vet may disclose all known history in relation to the horse.