Horseback Lessons
Horseback Lessons… Buyer’s Beware: 5 Critical Tips About Your Horse Purchase Contracts
As an attorney, I am questioned by horse buyers who are all too often suffering from buyer’s remorse! If you buy a horse that is not what you thought you were buying, than here’s a Horseback Lesson where I reveal… 5 facts that may help you:
The purchase of your horse will be governed by the contract law in your state that has been defined over the years in case law.
What’s the Rule of… “As Is”
As a general rule, when you buy a horse you purchase “as is”. That simply means the duty is on you to examine the horse prior to buying to be sure he does not suffer from defects you cannot live with. It is a Buyers Beware situation in its purest form!
With that said, there are several factors to keep in mind that may modify or even invalidate your written contract
1. If your contract states a material fact that is clearly refutable then you have a cause of action against the seller.
For example, if the contract says that the horse is 4 years old, but it turns out he is actually 14, that discrepancy is enough to pursue a cause of action. Now, if the contact says he is 8, but he is really 7, then it would be difficult to prove any damage. So, it is very fact dependant.
2. If you can PROVE that the seller engaged in fraud, you may have a legitimate cause of action. But, fraud is difficult to prove because you must show that the seller made an intentional misrepresentation designed to induce the sale.
If the seller states, “This horse is totally sound,” but the seller knows that the horse actually has navicular disease and you can prove it, you may have a case. The operative phrase here is “can you prove it”?
3. Another potential consideration is this: Did the written advertisement make any claims? Did it say, for example, that the horse was “sound”? If so and you find out later that the horse had navicular at the time of sale, then you may have a cause of action, notwithstanding the “as is” nature of the contract.
4. Sometimes there is a special relationship between the buyer and the seller that raises the duty the seller has to you. Did the seller have a specific duty to you, the buyer? Is the seller, also your instructor? If so, that person has a higher, affirmative duty to help you that rises above the normal contractual obligations.
5. Another factor to consider is whether the seller is subject to the UCC? The Uniform Commercial Code governs the sales of horses from “merchants”, like breeders, agents and brokers who make a living in horse transactions.
The Code requires that the seller give two implied warranties: merchantability and fitness for a particular purpose.
In the context of horse sales, “merchantability” would likely be interpreted as reasonably sound and healthy with no serious behavioral issues. “Fitness for a particular purpose” means that the horse is suited for the discipline or use that the seller represented to the buyer.
Unless excepted in writing, these two warranties may give you a cause of action against the seller.
That’s enough for now about purchase contracts. Besides contractual issues, you as a new owner should find additional equestrian riding advice about other pertinent issues of ownership.
For example, do you have a contract with a trainer hiring them to teach horse riding lessons? You should! There are so many legal and www.HorseandRiderClub.com and www.horseridingvideos.org
