|
The excitement of buying a new horse
can quickly turn to dust if it should turn out to be difficult, bad-tempered and
unhealthy. Contrary to the claims of the seller, of course!
So what do you do?
“Unfortunately, in a private sale, there
may be very little that you can do since most sales in this country are
undertaken without any form of written agreement,” says Mark Edmundson, of
Edmundson Hall Equine Solicitors, based in Newmarket. “As the buyer, you are
legally bound to the sale once an offer has been made and is accepted by the
seller. It is therefore essential that as the buyer, you ask all the relevant
questions and ask to see any documentation before making an offer.”
“A thorough veterinary examination is
vital. Ask about recent veterinary history - lameness in the last 12 months,
medication, special diet etc. and make your findings known to the vet carrying
out the examination. Commit as much evidence as possible to paper before the
sale - it can be used later as evidence, if needed.”
The seller may be liable if the animal has
been misrepresented. If the sale is in the course of business, then the Sales of
Goods Act applies. Although a legal contract can be drafted, there is no UK
standard sales/purchase contract in existence.
Most importantly, if a problem does arise,
let the seller know as soon as possible. Speedy communication to all parties in
any sale or purchase transaction can save a lot of heartache and disappointment
in the long-run.
For further information or advice contact
Mark Hall on 01638 560556 or email your questions to Mark at: solicitors@edmundson-hall.co.uk
|
