Disputes are not uncommon when purchasing or selling horses, particularly in situations where:
It appears that one of the parties has violated the provisions of the agreement, or in the absence of a written sales contract that both parties may rely upon.
In the event of a dispute involving the purchase or sale of a horse, prompt action is crucial. You have a limited amount of time to demonstrate that the problems you are currently facing did not exist at the time of purchase and ask for a refund. In this article, Horse Disputes, we take a look at the process and mechanism involved.
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When buying a horse from a private seller, caveat emptor (or “buyer beware”) remains an applicable longstanding legal principle. Under these conditions, the buyer is required to thoroughly evaluate the horse’s suitability, quality, and conformity with its description in order to determine whether it meets its intended purpose. This ultimately results in the purchaser having less protection in the event of a subsequent dispute.
However, it is the responsibility of the vendor to furnish an exact depiction of the horse; failure to do so may result in the buyer filing a claim under the Misrepresentation Act of 1967.
A ‘misrepresentation’ occurs when a buyer is duly influenced to proceed with the purchase of products through the use of a false statement (referred to as a ‘representation’). This may encompass an advertisement, or any other written or verbal description furnished by the vendor that asserts a horse’s suitability for a specific purpose (e.g., performing show jumping at a particular level), only to reveal that this is not the case.
Misrepresentation claims can be classified into three distinct categories: negligent, fraudulent, and innocent. The process of filing a claim for misrepresentation against a seller is intricate. Nevertheless, in the event that the claim is successful, the buyer may be able to void the contract, retrieve the full purchase price, and potentially receive reimbursement from the seller for any costs associated with the horse, including veterinary, livery, and training expenses.
A higher degree of protection is afforded to consumers who acquire horses from trade sellers, as stipulated by the Consumer Rights Act 2015 (‘CRA 2015’). ‘Goods’ are defined as items that are suitable for their designated purpose, of acceptable quality, and as described in accordance with Sections 9, 10, and 11 of the CRA 2015. To eliminate any uncertainty, horses are classified as “goods” according to the legal system.
Therefore, you may exercise your right to a full refund under the CRA 2015 if you have purchased a horse from a trade/commercial seller that is not of satisfactory quality, suitable for purpose, or as initially described.
The purchaser’s right to reject the products and receive a complete refund is valid for only the first thirty days after the horse has been purchased and delivered; therefore, prompt action is essential. It becomes more challenging to establish that the defects in the horse occurred prior to purchase after thirty days have passed.
Prior to entering into a contract, it is crucial that any problems with the horse be brought to the buyer’s attention as a trade seller in order to safeguard yourself from any potential future claims.
Other types of Horse disputes
There are a number of different types of horse dispute, and they can include:
- Equestrian contract disputes
- Insurance issues
- Employee issues
- Negligent treatment of a horse
Get in touch with Blackstone solicitors to see how we can help you.
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Our team is well versed in dealing with all the various aspects of Horse Disputes, and we are here to help in any way we can.
We will explain clearly the legal issues and provide open, honest and professional advice.
How to Contact our Agricultural Law Solicitors
It is important for you to be well informed about the issues and obstacles you are facing. However, expert legal support is crucial in terms of reducing risk, saving you money and ensuring you achieve a positive outcome.
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Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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