Legal Pointers

BUYING & SELLING HORSES

"Let the buyer beware" are words that should be kept in mind when purchasing horses.

A purchaser's rights if the horse is bought from a dealer are broadly covered by the Sale and Supply of Goods Act, revised 1994. 

The purchaser's rights depend on whether the horse was bought at auction, from a dealer or a private sale.

Technically under the law the least safe option is a private sale. 

At a reputable auction conditions of sale are laid down, if these are breached the horse can be returned within a specified period. Also the horse must match any description given. Vices not declared at the time of sale can  also  be a cause for return to the auction house.

Make sure that you do as much homework as possible e.g. performance and breeding.

For a Sample Sale/Purchase Contract click here.

HORSE LIVERY AGREEMENTS

The livery stable keeper must make sure that the following is in place:

• Any necessary planning permissions.

• Public liability insurance.

• Insurance against theft of tack in his charge.

• Insurance for the stables ( if the tenancy agreement specifies it).

Other points to consider:

• Waste from a stable is industrial waste.
• Livery can cover anything from DIY to full livery including exercising.
• Contracts should be written (neatly typed) to specify such things as:

• How long the contract is for.

• Identify the parties by name, address, and contact numbers.

• Identification of  the horse(s) by description, name and if possible a photograph attached to the contract and initialled by both parties. Include a detailed physical description of the animal, its condition, and details of pre-existing injury. Tack and equipment provided with the horse should also be listed and identified if being kept at the yard. 

• Detail all costs, and who is responsible for them.  Veterinary and farrier costs are usually the responsibility of the owner, and this should be included.  Detail any additional costs: worming, clipping, additional supplements required and whether they are included in the livery charge or how much will be charged.   

• Details of services included in the livery charge.  Is grooming and exercise included?  Will tack be cleaned and if so how often?  Spell out in detail the services and facilities that you agree to provide as part of the livery charge.

• A waiver of  liability should be included in which the horse owner agrees to a waiver of the yard's liability for personal injuries or injuries to the horse. (This would not protect the livery yard owner against a claim for negligence.)

• Include credit terms - when the bill should be paid, whether in advance or arrears, and include a provision for an extra charge for bills overdue.  Also include a provision for recovery of legal fees, if needed, to obtain payment. 

• An emergency Veterinary Care Authorization, including a clause allowing euthanasia on veterinary advice in an emergency if the owner cannot be reached. 

• If an animal is covered by mortality or loss of use insurance, that fact should be noted by the owner in the livery contract.

• Include the hours during which owners are welcome to come and ride or visit their horse(s). 

• If and how often the horse is to be turned out, and if it is to be in a group or individually should be decided and written in.

• Is a particular stable specified.

The NFU Countryside (tel no 0870 606 0032) provides some model clause agreements, these provide advice on the legal agreements that may be necessary for livery arrangements:

P425 Letting of land for horse grazing. Price around £10.

P427 Livery of horses where the owner remains responsible for day-to-day care and management.  Price around £10.

P429 Leasing out of horses and ponies. Price around £5.

The NFU also provide a Free Country Guide to members:  

Guide to buying a horse or pony.

HORSE LOAN AGREEMENTS:

Points to consider:

• How long is the loan agreement for?
• Access to the horse by the owner.
• Why is the loan taking place?
• Will the horse be doing any work?
• Who is to pay the horse's expenses such as vet, farrier, insurance etc?
• Where will the horse be kept?
• Who supplies the tack?
• What activities can the horse be used for?
• What specific needs does the horse have - e.g. bedding feed etc.?
• It is a good idea to get the horse vetted before the horse goes out on loan.  This proves that the horse was healthy and in good condition should any dispute arise. 

A sample Horse Loan Agreement can be found at the BHS site:

http://www.bhs.org.uk/DocFrame/DocView.asp?id=190

"Horse Law" by Julie Mackenzie, is a simple, no-nonsense guide to the law for the horse owner.  For further information call Diana Colbert on 01494 434548.

Equine Legal Solutions

Buying a Horse    Companies that Supply Insurance & Legal Services    Sample Sale Contract