Equine Law Guidance from KMC Legal & Finance
Buying your first horse, your second, or even your hundredth can be exciting. It can also be confusing and, at times, stressful. Dodgy dealers, misleading adverts, and buying unseen can leave you with an unsuitable horse or pony that quickly becomes a source of significant emotional and financial strain, often through unexpected veterinary bills and ongoing care.
Trying to navigate the equestrian world when some sellers are less than honest can put you in a situation you never imagined you would face. When a horse turns out not to be as described, it is important to understand where you stand legally and what options may be available to you.
Private Seller or Dealer? Why This Matters
Your legal rights depend heavily on who you bought the horse from.
It is crucial to establish whether the seller is acting as a private individual or as a dealer trading in the course of business. You should also clarify whether the person selling the horse is the legal owner or acting as an agent for a third party, for example, through a sales livery arrangement.
The protections available to you can differ significantly depending on this distinction.
I Bought My Horse from a Dealer
If you purchased your horse from a dealer, you are protected by the Consumer Rights Act 2015. This offers the strongest level of protection to purchasers.
Where a private individual buys from someone acting in the course of business, the law implies certain terms into the contract, even if the agreement states sold as seen.
Under the Consumer Rights Act 2015, the horse must be:
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Of satisfactory quality, meaning sound and free from undisclosed issues unless those issues were made clear and accepted at the time of sale
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Fit for purpose, meaning suitable for the use you made known to the seller, for example, hacking, competition, breeding or children’s riding
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As described, both at the point of sale and on delivery or collection
If the horse does not meet these standards, you may be entitled to bring a claim.
In some circumstances, you may have the right to reject the horse and receive a full refund. This must usually be done within 30 days of delivery or collection. After this period, your rights become more limited, but remedies may still be available depending on the facts.
I Bought My Horse from a Private Seller
If you bought your horse from a private seller, your legal protection is more limited due to the principle of caveat emptor, meaning let the buyer beware.
In these cases, you generally need to prove that the seller knew, or should reasonably have known, about the defect or issue and failed to disclose it to you.
This makes due diligence especially important when buying privately. Practical steps include:
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Arranging a full veterinary examination
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Asking detailed questions about the horse’s history and any previous issues
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Retaining copies of the original advert
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Keeping all messages and correspondence with the seller
These records can be vital if a dispute arises.
I Bought My Horse Unseen
Buying unseen has become more common since the Covid period.
If you are a private individual purchasing from a dealer at a distance, the Consumer Contracts Regulations 2013 may apply. This can give you a 14 day cancellation period starting from the day the horse comes into your possession. During this period, you may have the right to cancel the contract and return the horse.
This protection does not usually apply to private sales.
How Do I Know If Someone Is a Dealer?
There is no strict legal definition of a dealer, but the Courts will consider whether the seller was acting in the course of their trade, business, or profession.
A dealer is generally someone who regularly buys and sells horses for profit, even if this is not their full-time occupation.
Useful steps include:
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Researching the seller online
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Looking for multiple adverts of horses they have sold or are currently selling
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Gathering evidence that shows a pattern of trading activity
This can help establish whether the seller is likely to be considered a dealer in law.
Business to Business Horse Sales
If you are purchasing a horse as part of a business from another business, the Sale of Goods Act 1979 may apply.
The same core principles apply:
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The horse must be of satisfactory quality
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The horse must be fit for purpose
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The horse must be as described
These obligations can be excluded or limited in some commercial contracts, which is why proper legal advice is important before and after purchase.
Misrepresentation
Much of the information relied upon when buying a horse comes from discussions with the seller. If a false statement of fact is made, whether verbally or in writing, and this induces you to proceed with the purchase, this may amount to misrepresentation.
The Misrepresentation Act 1967 may apply. Misrepresentation can be:
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Fraudulent
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Negligent
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Innocent
If established, this can make the contract voidable and may entitle you to remedies such as rescission and, in some cases, damages.
I Want to Bring a Claim. What Happens Next?
Before any court proceedings are issued, there are steps that must be followed. This includes sending a formal letter before action setting out the legal basis of your claim and allowing the other party time to respond.
The content of this letter is important and must comply with the Civil Procedure Rules. Courts expect parties to try to resolve disputes where possible, including through negotiation or alternative dispute resolution such as mediation.
If a resolution cannot be reached, court proceedings may be considered. This can be costly and time consuming. Claims under £10,000 are usually dealt with through the small claims process.
A Practical Note
Disputes around mis-sold horses can be emotional. It is important to remember that horse welfare must always come first, even when disagreements arise.
We strongly recommend that a written contract is used for all horse sales. This helps clarify what has been agreed and can prevent disputes later on. Always read and fully understand any agreement before signing.
How We Can Help
At KMC Legal & Finance, our Dispute Resolution team has experience dealing with equine related disputes, including claims involving mis-sold horses.
If you believe you have been mis-sold a horse and would like legal advice, please contact our team on 0800 9494 667
We will review your case, assess the prospects of success, and advise you on the most sensible next steps.
