LEGAL ADVICE.
LEFT: WHETHER BUYING AT HOME OR ABROAD, IT’S IMPORTANT TO BE AWARE OF YOUR LEGAL RIGHTS.
BUYER
beware
WHEN BUYING YOUR NEXT DRESSAGE HORSE, IT SHOULD BE SOUND AND SUITABLE FOR YOU, WITH THE ABILITY AND NATURE YOU NEED – BUT WHAT ELSE SHOULD YOU LOOK FOR? HARRISON CLARK RICKERBYS OUTLINES SOME OF THE LEGAL CONSIDERATIONS.
T
he law protects your rights as a buyer when buying from a professional horse dealer in the UK, under the Sale of Goods Act 1979. It implies that any horse sold by a dealer in the course of business must be (i) fit for the purposes it was sold for; (ii) of satisfactory quality and (iii) as described by the seller in the sales process. So, the dealer must describe the horse and its abilities accurately – this means that you, as the buyer must be honest and clear about your own ability, what you’re buying the horse for and whether this matches the seller’s description of the horse. Written contracts can be a clear
way of recording the salient elements of this process. The Consumer Rights Act 2015 also applies to horse sales by a professional dealer to a buyer in the UK, allowing a 30-day period during which the horse can be returned for a refund. The buyer needs to show that there was a ‘fault’ with the horse at the time of sale. Pre-sales vetting establishes that the horse was sound and healthy at sale. But bear in mind that no amount of health and vetting checks will guarantee the nature and behaviour of the horse. Also think hard about to what extent you can rely on advice from your trainer, sponsor or co-owner who comes with you to trial and select your horse. An expert or advisor
IF THE HORSE IS AN UNREGISTERED EQUINE, IT CANNOT BE SHIPPED ON IMMEDIATELY AND WILL NEED TO REMAIN WHERE IT IS FOR A MINIMUM OF 40 DAYS
could be liable for an unsuitable purchase, but a friend may not be.
BUYING FROM EUROPE Where you buy a horse from Europe, the same risks apply as in the UK but additionally, it is very likely that the seller will sell the horse based on their local law rather than UK law, so you should familiarise yourself with how horse sales are managed under the local law that applies. Buying a horse represents an additional hurdle for the UK buyer if after the purchase they discover ‘issues’ with the horse and want to take action, which may need to be taken in the local language and local courts under their laws. The most practical advice is to have a local contact whom you trust to help with any differences in the sales process, culture and procedure. Paying a commission to help you find the right horse seems to be a better choice than the outlay afterwards, having bought the ‘wrong horse’.
Post-Brexit, transporting horses from the EEA to the UK has become a more drawn out process and also more expensive. Make sure that the horse you are buying is registered with a European studbook or has a full passport and papers and has an EU export health certificate certified by an official vet. If the horse is an unregistered equine, it cannot be shipped on immediately and will need to remain where it is for a minimum of 40 days to become registered there before travelling on (known as ‘residency requirements’). Budget for additions to the transport costs: UK Customs duty is payable at 11.5% for geldings (mares and stallions are exempt) and VAT is calculated at 20% of the purchase plus transport price. If your horse leaves the UK less than two years later, the VAT may be claimed back (for a temporary import). Within 30 days, the horse must then be registered in the UK with a UK Passport Issuing Organisation.
BRITISH DRESSAGE // Issue 5 2021 // 29
