If you have any problems with horses, whether or not they are related to the missal of a horse, please contact our specialized service in horse law by contacting us on equine@ellisjones.co.uk or by phone at 01202 057732. 6. Warranties. In many cases, horses are sold without the seller having any promises of ability or fitness. As a seller, you want your contract to say, "This horse sells `as is`, without any warranties or representations regarding fitness and future performance" (this is a disclaimer). When drafting contracts for the seller, I also insert a provision stating that previous oral statements or claims by the seller, unless included in the written contract, are not binding. However, if you are the buyer and there is an oral statement from the seller that you relied on when making the purchase decision, make sure that this statement is included in the contract. It is common to offer the right to have the horse examined by a veterinarian instead of offering a guarantee of solidity. In this case, the contract should read as follows: "In exchange for guarantees, the seller offered the buyer the opportunity to have the horse examined." The main problems when selling horses often come from the characteristics of a horse that are described, such as the claim that the horse is safe in traffic. If a clause is included in the contract that lists the characteristics of the horse, neither party can claim an alternative story later.

Everything that is agreed between the parties must be included in the contract. The recent release of the British Equestrian Trade Association`s 2011 National Equestrian Survey reminds us that buying a horse will inevitably be a significant investment, both financially and emotionally, whether as a hobby or as a profession. Once everything is set in writing and the price is paid, all you have to do is have a notary public who will make it official and secure the sale against possible fraud. You can usually find a notary public in your local or district offices. Congratulations – you are the new owner of a horse! It is a legally binding document. In fact, you will need this document if there is a dispute about who is the true owner of the horse, or if questions arise about its ancestry. 3. Date of sale. This becomes especially important when it comes to a subsequent dispute: in many cases, the date determines when a warranty or limitation period begins to run.

It could also have tax implications for the calculation of capital gains and depreciation. Are you a horse breeder, a breeder or looking for a horse that you can show in a particular discipline? Or are you just looking for a family horse for the kids? There are many different horses and it is important to know what type of horse you want to buy. 5. Risk of Loss. Indicate when the buyer will take responsibility for the horse`s injury or death, injury and care. As a general rule, the risk of loss passes either at the signing of the contract or when the buyer takes possession of it, but it is important to agree on the details. 1. Identify the parties. These are buyers and sellers, including addresses, phone numbers, and federal tax or social security identification numbers. The seller of the contract must be the same person or persons as those indicated on the horse`s registration documents.

If the seller and the registered owner are different, the seller`s power to sell the horse could be called into question. If a partnership or partnership owns a horse registered in a breed register, the register may require the signature of one specific person or more than one person. When registering, inquire about the property or signatures required. The Deed of Sale of Horse or "Equine" is a legal document that describes a transaction between two (2) parties relating to the purchase/sale and therefore the change of ownership of a horse. If the pet needs a health check before a full purchase, it is likely that a deposit will be required. If the parties proceed with the sale of the animal, the amount of the deposit will be deducted from the balance due. The implicit conditions that the horse is of satisfactory quality and fit for use do not apply if the purchase is made by a private seller. The legal maxim "Let the buyer be wary" applies, which means that the buyer must do their own research to ensure that the horse is of satisfactory quality and fit for purpose. The buyer may be able to invoke section 13 of the Sale of Goods Act 1979 by proving that the horse does not conform to the seller`s description (if any).

There may also be a right to misrepresentation. In order to prove that there is a false declaration, the buyer must prove that there is a false declaration of fact by the seller that led him to conclude the contract. The false statement must objectively be significant and the buyer has relied on it. If the Buyer can successfully claim that the horse does not conform to the Seller`s description or that there is a false declaration, the Buyer is entitled to withdraw from the contract and, in certain circumstances, to obtain compensation for losses caused by the conclusion of the purchase contract. It may be that the description of the seller of the horse cannot be found or otherwise proven. For example, the advertisement placed for the sale of the horse may have been lost or the seller`s verbal description may have been forgotten or rejected. This would make it difficult to successfully argue that the horse did not match its description, as the court could not be sure of the description with which to compare the horse. In addition, as stated above, there are more elements that must be fulfilled with regard to a false allegation of misrepresentation than a claim under the implicit conditions in terms of fitness for purpose and satisfactory quality for a trader. If the buyer is unable to prove a violation of section 13 of the Sales of Goods Act 1979 or a false declaration, it is unlikely that he will have recourse against the private seller if he discovers that the horse has a defect or other problem. This highlights the importance of recording the purchase contract in a written contract that expressly offers the buyer additional protection.

7. Pre-emption control. If the buyer decides against the pre-emption check, attach a note to the contract stating that the buyer has refused to have a pre-emption test performed on the horse. This documentation helps protect the seller if the untested horse appears lame shortly after the sale, unless the seller lied when answering direct questions about strength. Whenever you plan to sell, buy or transfer a horse from one person to another, you will need a horse sales list. This sales document is important to describe everything related to the purchase and transfer. When buying the horse, make sure you get a receipt for your money and you can also consider a purchase contract. The purchase contract must include the conditions under which the horse was purchased. You can choose the following: It is important to see the horse first hand before buying. Look at how the owner handles the horse, treat it yourself and ride it if possible. Find out about his history, if he has any injuries or health problems, and if there`s anything else you should know about it.

Also ask a veterinarian to check his health. It`s also a good idea to bring an experienced friend or coach. It is always better to have a veterinarian who gives a physique of the horse and makes sure that he has no problems before buying. With a horse deed of sale, sales are as they are. You don`t want to spend a lot of money on an unhealthy horse. Please note that every purchase of a horse is different and you should not rely on this article to replace the use of legal advice tailored to your situation. If you want to draft a contract for a horse you want to buy or if you have any questions about buying a horse, our Equine/Bloodstock team would love to hear from you. If you have any questions, please contact Polly Langford on 01603 610911 or email info@leathesprior.co.uk. This article highlighted the importance of designing a formal contract in such a way that it offers the buyer a level of protection that reflects the importance of the purchase made. Leathes Prior is able to design a contract tailored to the individual needs of those who buy a horse, whether for business or pleasure. Among other things, the agreement should: Once you are convinced that the horse is what you were looking for, it is important to record the conditions under which you accepted the purchase in a written contract. Although the industry works to a large extent on the basis of verbal agreements and these are legally binding, you should bring the horse home and find that it is not as you expected, either physically or in terms of temperament, then you will have a hard time proving what has been agreed verbally and may have limited options (if any), to resolve the situation.

You should see the horse several times to make sure it is healthy and suitable for you. If possible, ask the seller if you can bring the horse home on a trial basis. Most will agree and you`ll be able to make sure it`s good for you. The most important tip to protect yourself (both the buyer and the seller) is to make sure you put everything in writing. This may seem too simple, or you may think it will never happen to you, but unfortunately, the majority of disputes without written agreements are difficult to pursue and, in fact, would not happen in the first place if there had been a written agreement. From a financial point of view, it is undoubtedly a good investment to ensure that everything is covered in a legal document and that other problems are avoided in all areas. If you`re sure this is the horse you want, then it`s time to negotiate a price. .