Your rights when buying from a dealer
Many people have a poor opinion of dealers but there is no doubt that, under current laws, buyers have far more protection when buying from a dealer than when buying privately. The Sale of Goods Act gives buyers rights when buying from a dealer that do not apply in the case of a private sale.
When buying from a dealer, the horse must be “fit for purpose”. If you discover a problem that makes the horse unsuitable for the purpose for which you bought it, by law you can get your money back (providing that you told the dealer the truth about its intended use!).
The Sale of Goods Act incorporates your statutory rights :-
- The horse must be of a certain quality e.g. Free from injuries (unless you are made aware of these and accept them as part of the sale).
- The horse must be fit for the purpose for which it was sold.
- The horse must have been accurately described. A breach of trading standards would take place if you were sold a “safe hack” that was dangerous in traffic.
If a breach is made by failure to comply with the standards set, you should be entitled to a full refund. In some cases the buyer may be entitled to the difference in value between the horse he bought and the horse he thought he was getting.
Many people have a poor opinion of dealers but there is no doubt that, under current laws, buyers have far more protection when buying from a dealer than when buying privately. The Sale of Goods Act gives buyers rights when buying from a dealer that do not apply in the case of a private sale.
When buying from a dealer, the horse must be “fit for purpose”. If you discover a problem that makes the horse unsuitable for the purpose for which you bought it, by law you can get your money back (providing that you told the dealer the truth about its intended use!).
The Sale of Goods Act incorporates your statutory rights :-
- The horse must be of a certain quality e.g. Free from injuries (unless you are made aware of these and accept them as part of the sale).
- The horse must be fit for the purpose for which it was sold.
- The horse must have been accurately described. A breach of trading standards would take place if you were sold a “safe hack” that was dangerous in traffic.
If a breach is made by failure to comply with the standards set, you should be entitled to a full refund. In some cases the buyer may be entitled to the difference in value between the horse he bought and the horse he thought he was getting.
Please note
While all of the information on this website
is correct to the best of my knowledge, it
is intended for general interest and
to stimulate discussion only. The opinions
expressed here are not intended as advice
or guidance for dealing with specific problems
or issues with your horse and should in no
way be relied upon when buying or selling
a horse or when riding or looking after your
horse. In particular, information on this
website is not intended in any way as a substitute
for obtaining proper veterinary advice if
you have any concerns about the welfare of
your horse or a horse you are considering
for purchase.
I strongly advise anyone buying a horse to take advice from a qualified or experienced person or vet to assess the horse’s suitability.
I strongly advise anyone buying a horse to take advice from a qualified or experienced person or vet to assess the horse’s suitability.
Your rights when buying privately
Private sales are covered by the law “caveat emptor”. This means “buyer beware”. To get a refund from a private sale, the buyer needs to prove that the seller knew or should have known about a specific problem. A buyer can always sue for a breach of contract - but this costs money and is not quick or simple.
If a case goes to court with no written contract, it is very hard for a judge to decide who is telling the truth. Never simply rely on a private seller’s word that a horse is “vice free”.
To minimise risk, keep a copy of the seller’s advertisement for the horse and draw up a bill of sale stating that the horse is being sold vice free (which both parties sign). This will definitely help you should the horse turn out to have a bad vice.
Private sales are covered by the law “caveat emptor”. This means “buyer beware”. To get a refund from a private sale, the buyer needs to prove that the seller knew or should have known about a specific problem. A buyer can always sue for a breach of contract - but this costs money and is not quick or simple.
If a case goes to court with no written contract, it is very hard for a judge to decide who is telling the truth. Never simply rely on a private seller’s word that a horse is “vice free”.
To minimise risk, keep a copy of the seller’s advertisement for the horse and draw up a bill of sale stating that the horse is being sold vice free (which both parties sign). This will definitely help you should the horse turn out to have a bad vice.