Buying a horse is a risky activity. Even though a vet's certificate reduces some risk that the horse is unsound, behavioural problems and long term conditions often only show down the line. The only way to pass that risk back to the seller is to use horse sale agreements that include warranties. Our agreements include a large menu of warranties (as well as recording the deal) from which you can choose the ones most important to you.
This agreement is a simple way to protect yourself as a buyer of a horse or pony.
It is very hard to ascertain whether an equine has any problems or vices at a viewing, even when a vet has assessed the horse's medical condition.
By using this sale agreement, you obtain the seller's promise (warranty) that there are no undisclosed problems. If there subsequently turn out to be, then it is the seller who becomes responsible for them, not you.
Using this document could not only save your thousands of pounds but also much anguish over dealing with a horse that you cannot ride.
Sale agreements are usually written to protect the buyer because it is the buyer who takes the risk if the horse is not sound.
This document is drawn to protect the seller. It can help re-balance the strength of the deal back in your favour:
Of course, this agreement is drawn in terms to which a reasonable buyer would not object.
This is a livery agreement where the yard owner acts as an agent in the sale and receives a commission if he sells the horse. In addition, he receives livery fees while the equine is on the yard.
The yard may have superior facilities in which to allow the seller to demonstrate the horse's ability, riders on hand who can get the best out of the equine, and surroundings that impress buyers; and the owner doesn't need to spend time arranging viewings, answering questions, or being at viewings.
Key features of this agreement include:
This agreement is suitable for high value transactions where the buyer needs strong legal protection.
It could be used to buy any equine, including those for general recreational use, sport horses, racehorses, stallions and brood mares. It is suitable for international sales.
It might be that:
It is impossible to test everything that might be wrong at a viewing - your new equine might behave perfectly in the seller's arena, but might be impossible to handle at events.
Up to a point, you can rely on a vet for checking medical health, but a vet can easily get it wrong, since he can only assess the equine at a single point in time with limited information. Of course, a vet cannot tell you anything about the horse's temperament, ability or suitability to you.
The only way of protect your interests as a buyer is to insist that the seller makes promises regarding the condition of the equine. If subsequently it turns out that a warranty is false then you can seek damages. This document gives you those warranties.
You can easily remove provisions that you think are unnecessary in your circumstances, or add additional ones that you might require.
As far as possible, we have drawn the agreement so that both sides will be happy to use it.
We are happy to answer any questions you have. Arrange for us to call you.