NEWYHS444

Ask The Experts
Your rights when buying: Rebecca Stojak says...
What are my rights?
Q
I’m on the hunt for a new horse.
Do my rights vary if I buy a horse
from a dealer or an individual?
Mary Grant, Essex
Rebecca says... If you buy a horse from an
individual, then the horse must match any
description given — ie, in the advert, written
messages or orally before you buy the horse.
If you buy a horse from a dealer, the
Consumer Rights Act 2015 (the “Act”) will
apply if you are what is classified by the Act
as a “consumer” — ie, buying the horse is
outside of your trade or business. Most
amateur riders will fall into this category.
If you buy a horse at an auction, you are
not a consumer and you don’t have the same
rights as you do against a dealer. If the dealer
denies that you’re a consumer, it will be for
them to prove that they are right.
The Consumer Rights Act
The Act confirms that you can reject the
horse (or possibly claim damages, depending
on the facts) if the horse is:
l1 Not of satisfactory quality (ie, the quality
that an average person would consider
satisfactory quality, taking into account the
price, description and other relevant
circumstances). If the defects have been
pointed out to you by the seller before the
purchase, or an examination (such as
vetting) should have revealed the defect, you
cannot rely on these defects to reject the
horse or claim damages.
l2 Not fit for the purpose you made the seller
aware of before you bought the horse, either
expressly or by your conduct. For example, if
you said you wanted the horse to get back into
showjumping, this means the horse would
need to be able to jump a course of jumps.
You will not be able to rely on fit for
purpose if it’s unreasonable for you to rely on
the judgment or skill of the seller, for
example if you took your trainer with you or
you relied on a vetting.
l3 Not as described — ie, in the advert, in
conversations or in correspondence before
you bought the horse.
If he’s not quite right
If the horse isn’t right (for the reasons set out
above), you can reject it within 30 days of
buying the horse and get a full refund. This
is the short-term right to reject.
After the 30-day period has expired, the
trader has one chance to repair (for example
re-school) or replace (if, say, the dealer has
other suitable horses at their yard). If repair
or replacement are impossible, you would
have the right to a price reduction, or final
right to reject the horse for a full refund.
For the first six months, the burden of
proof is on the seller — ie, they must show
that the horse was of satisfactory quality and
fit for purpose. After six months, it’s for the
buyer to prove the faults were there.
Don’t panic!
It’s not uncommon to buy a horse
and feel like it’s not working out —
it happens to the best of us. If you
have a problem with the horse, it’s
important to act as soon as possible.
I recommend that you get a
contract of sale and receipt, and also
keep copies of the initial advert and
all correspondence until you know
you are 100% happy with the horse.
Finding the perfect
horse can be tough.
Make sure you know
your rights when buying
Taking a
tumble
Q
When trying out horses
to buy, what are the
implications if I fall off
while riding on the seller’s
yard? Should I take out extra
insurance to cover myself?
Bailey Temple, Reading
96 your horse november 2018
www.yourhorse.co.uk