How to buy a horse - essential reading

Buying a new horse is an exciting time, but must be navigated with care to ensure that you are buying something suitable to your needs and circumstances. It’s important to find out enough about the horse or pony to be able to make a truly informed and sound decision.

Do your homework

Always ask what facilities are at the trial yard before you go. If they do not meet your requirements, ask if you can meet at a hired arena, cross country course etc.  If the seller will not allow this, you have to question yourself as to why not. 

My Buyer’s Checklist is a useful tool for anyone going through this process and should ensure you ask all the important questions. 

If you’re buying from a dealer who operates a company, I would advise checking its record on the Companies House website.  If the Company does not look particularly healthy, this would be something to question with the seller as it could be a concern if you did want to return the horse and the Company does not have the funds to provide a refund. 

It is also useful to check any social media platforms (if possible) for the seller and any previous owners of the horse.

The more research you can do about the horse and its past, the better. I would also urge a purchaser to ask to see the horse’s full clinical vet history to ensure that they know as much as possible about the clinical picture (and show that to the vetting vet).

Paperwork and blood tests

I’d also absolutely recommend that you ask your vet to take and store bloods at the vetting (which will routinely be stored for six months afterwards). Should the horse develop lameness issues after delivery, it’s then possible to test the bloods for pain-masking medication, for example.

If you decide to go ahead with a purchase, the vendor should agree to sign a purchase agreement which outlines what the horse is and is not (e.g. does not rear, crib etc.). If they are reluctant to do that, the purchaser has to ask themselves why not – there is no good reason not to have a formal written contract.

You can obtain a purchase agreement from the BHS website or from a Solicitor such as me. It doesn’t matter if the vendor or purchaser supplies one, so long as it is agreed and signed before the purchase price is paid. 

It’s also a great idea to ask for the vendor’s signature on your checklist.  Some purchasers might feel a little embarrassed asking the seller to do that on the day of the viewing as excitement often takes over!  If that happens then the purchaser could append the checklist to the sales agreement as an annex. The agreement could provide for the seller to agree that the checklist and the answers therein are correct. 

The seller may supply the contract, or the purchaser can supply one – it does not matter who supplies it so long as it is agreed and signed before the purchase price is paid.

If things don’t work out — where do you stand?

If buying from a dealing business, the purchaser has 30 days in which to return the horse if it is found to be not fit for purpose or not as described. 

In a private sale, however, the buyer can rely on misrepresentation and breach of contract.  A misrepresentation is a representation of fact, upon which the purchaser relies, and which was untrue and which was made to induce the purchaser into the purchase agreement.  So there are four legs to a misrepresentation and they all have to be satisfied to be successful in a claim for misrepresentation. The cut off in a claim in misrepresentation is six years, as this is when you are statute barred from bringing a claim. However, the sooner you identify a misrepresentation and advise the seller, the better chance you have of successfully proving a claim.

Do plenty soon after purchase

Given these time constraints, I always advise purchasers to do as much with a new horse as possible, taking into account its age and background of course (this would not be wise with a very young horse). With an experienced horse that is sold as fit and ready to compete, then it’s a good idea to get out there so that if any unexpected issues do arise, you are within your 30-day window. That said, there is a balance with giving a horse time to adjust to its new home, so you have to find that balance.