21 Mar Horse purchase disputes & the Consumer Rights Act: a guide for consumers
Posted at 11:22hin Equine Lawbyjanice_odonnell
The Consumer Rights Act 2015 (the “Act”) came into effect in October 2015. It protects consumers from receiving faulty goods. It is not intended to be used if you have simply changed your mind about the purchase. It can be applied to horse purchases between a trader (business) and a consumer (buying for personal rather than business purposes).
If the horse isn’t as described, unfit for purpose, or of unsatisfactory quality, you have grounds for a claim under the Act. However, if you simply change your mind after a period of ownership, the Act won’t apply.
It’s important to understand the distinction between your rights under the Consumer Rights Act and any separate guarantees, representations or warranties given by the seller. These may provide additional rights and remedies.
To help you establish whether you might have a claim check ourflow diagramhere.
Consumer rights under the Act
The Act grants you specific rights if the horse that you purchased fails to meet expected standards at the time of delivery. These standards include:
- Satisfactory quality: The horse must be of satisfactory quality taking into account any description given, the price paid, the advertisem*nt and all other relevant circ*mstances. For example, let’s say you purchased a horse for a novice rider because the advert stated it was a reliable riding horse for beginners. However as soon as you receive the horse, it displays unpredictable bolting behaviour, making it unsuitable for a new rider. This could be a breach of “satisfactory quality.”
- Fit for purpose: If you informed the seller of the specific purpose that you will be using the horse, it must be reasonably suited for that purpose. For example, you tell the seller beforehand that you will be riding the horse in competitive jumping competitions. However, after you have purchased the horse, you discover that it has a pre-existing stifle injury that limits its jumping ability. This could be a breach of “fit for purpose.”
- As described: The horse must match the seller’s description, including any adverts or documentation.
What to do if there is a breach
If any of these terms are breached, the Act outlines a tiered system for resolving the issue:
- Short-term right to reject (30 days):Within 30 days of the horse being “delivered”, you can reject it for a full refund.
- Right to repair or replace:After 30 days, you must give the seller at least one opportunity to fix the problem or provide a replacement horse.
- Final right to reject:If the repair/replacement fails or is impossible, you can then reject the horse and claim a full refund.
Exercising your rights
Rejection should be done clearly and preferably in writing to avoid confusion. Once you reject the horse, the seller is obligated to provide a full refund. You may also be entitled to compensation for upkeep costs (e.g., food, vet bills).
Important considerations
Act quickly
By acting quickly, you can:
- Preserve your options:The Act provides a tiered system for resolving disputes. The most advantageous option, the short-term right to reject (full refund within 30 days), is only available if you act quickly. By notifying the seller promptly of any issues, you ensure you retain all your options. Delays could limit your ability to reject the horse entirely.
- Provide evidence:The sooner you act, the easier it is to gather evidence to support your claim. This could include vet reports, witness statements, receipts for expenses and communications with the seller.
- Six-month presumption: This helpful provision in the Act shifts the burden of proof in your favour during the initial six months of ownership. If the horse exhibits issues within this timeframe, it’s presumed the problems existed at the time of delivery.
Important note – buying from private sellers.
The Consumer Rights Act does have its limitations. It only applies to purchases from businesses (traders). If you buy a horse from a private seller (someone who doesn’t sell horses as part of their trade, business, craft or profession), the Act won’t apply.
In these situations, the old legal saying “caveat emptor” (let the buyer beware) comes into play. This means the onus is on you, the buyer, to thoroughly check the horse’s condition and suitability before purchase.
If you discover undeclared problems after purchase, you may be able to make a claim in misrepresentation (where the seller made a false or misleading statement about the horse). This can be a harder claim to establish.
Recommendations before you finalise your horse purchase:
Do your due diligence. This could include a detailed veterinary inspection, potentially including x-rays and other diagnostics, to assess the horse’s health and suitability for your needs. This is particularly important if you have purchased your horse privately.
Talk to us about a horse purchase agreement to ensure you are protected, in the event of a dispute.
If you are involved in a horse purchase dispute, contact us for legal advice. We specialise in equine law and dispute resolution.
For more information and legal advice on equestrian matters
- Emailinfo@hrjforemanlaws.co.uk
- Call Hitchin01462 458711
- Complete our contact formhere
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Every horse purchase is unique. This article provides general information and shouldn’t replace seeking legal advice specific to your circ*mstances.
