Selling a horse - advice for advertisers

Creating the perfect advert is the start to finding the right home for your horse.  The advert is however one of the first things a buyer will go back to if there is a problem with the horse after purchase – so it is critically important that the advert is accurate and honest.

Honestly representing the horse

It is important for advertisers to think carefully about the words used to describe the horse.  If possible, use the passport to describe the horse’s age and height.  If the age is not stated on the passport, say this and describe how you have aged the horse.  If you are not sure of the horse’s age, the buyer can then ask their pre-purchase vet to age the horse by dentistry if that is possible.

When describing the height, do say if this is information taken from a height certificate.  If you have estimated the height, make this clear on the advert.  If the horse is young and is estimated to grow to a certain height, make it clear that this is an estimation.  State the height of the Sire and Dam if possible to allow the buyer to make their own estimation of height.

This sounds obvious, however it is really important that an advert is honest.  If the horse is for sale because it has been purchased recently and the purchase has not worked out, do say that and give an explanation.  If it is in writing in the advert, the buyer cannot deny that they are aware of this information.  In the alternative, make sure that this information is in the purchase agreement, which must be signed before the horse is paid for.

If the horse is open to vet, say this on the advert.  Many disputes arise because the buyer says that the seller talked them out of having the horse vetted.  If the horse has been readvertised due to a failed vetting, it is wise to say this in writing, not necessarily on the advert but certainly within the sale agreement.  Many disputes arise where a horse has recently been vetted as a result of which the purchaser has withdrawn from the sale.  If this comes to the attention of the new buyer after the sale, they are often very concerned and this can result in a dispute, especially if the horse develops a clinical problem.

This can be helped by disclosing the horse’s clinical history to the buyer and their vet and where this is done, the clinical history should be attached to the sale agreement, which must be signed before payment takes place.

If the horse is being sold for you by an agent, make sure that you as the owner check the accuracy of the advert.  The owner is responsible for the advert and so it is critical that it is checked by the owner.

Private or Trade

Whether you are a private or trade seller has to be declared on the advert.  It isn’t possible to hide behind the ‘P’ sign if you are in fact a trade seller. 

If you are a sales agent selling on behalf of an owner, you must say this on the advert.  That avoids any future dispute where a buyer says that they were not aware that the trader/dealer acted as the sales agent.  I have in the past dealt with a dispute which turned on the words “for sale on behalf of a client” within the advert, where the buyer argued (all the way to trial) that the sales agent was the seller of the horse.  The wording assisted the Judge at trial that the seller had made it clear at the outset that she was the selling agent and this was critical in her succeeding in her defence at trial.

If the horse is sold via a sales agent, the contract is between the purchase and the owner of the horse (not the sales agent) and so it is important that where the owner is private, this is stated clearly in the advert (not just showing the P but with wording such as “for sale on behalf of a private client”).

It is therefore critically important that the  owner speaks to or meets the purchaser before the sale takes place (before payment).  This is a way of the owner ensuring that the description of the horse given by the sales agent is accurate.

Photographs/videos

If you are using photos or recordings of the horse, make sure that you have the owner’s permission. I often receive complaints where the advertiser has used photos/videos from a horse’s old owner or breeder, where they have not asked permission – it often will not be a problem to use the image, it is just a case of asking.  If the owner of the image says that you cannot use it, find an alternative.

Deposit Agreements

I actively encourage purchasers to draft a short deposit agreement if a deposit is to be paid.  I hear increasing arguments from purchasers where the seller refuses to refund a deposit arguing that it is “non-refundable”.  This can be easily cleared up with a short agreement which should be signed before the deposit is paid and which confirm the terms on which it is paid/refunded.

Signing the Purchase Agreement

I have mentioned above that the purchase agreement must be signed before payment takes place.  This is critically important as the agreement will arguably be void if it is sent to the buyer/seller after payment/collection has taken place (as that is the point at which the contract has been completed). 

You can find deposit & purchase agreement templates to purchase here: https://equinelawuk.co.uk/shop/

For further information on equine law visit www.equinelawuk.co.uk.

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The materials and opinions contained under our 'Advice' pages are for general information purposes only, are not intended to constitute legal or other professional advice, and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances. HorseQuest makes no warranties, representations or undertakings about any of the content of the 'Advice' pages (including, without limitation, any as to the quality, accuracy, completeness or fitness for any particular purpose of such content).