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Horse Riding Lesson Guide – Got Buyer’s Remorse? 5 Tips About Your Purchase Contract
As a lawyer, I am often asked by newcomers taking riding lessons what the buyer’s legal rights are when buying a horse. You are governed by contract law as defined in your state. It is essential to have a written contract so that your contract is less ambiguous and easier to define.
In general, and one of the most important riding lessons, the buyer buys the horse “AS IS”, meaning that it is your responsibility, the buyer, to research the horse prior to purchase. Defects that went unnoticed and were discovered after the purchase are not a basis for a claim against the seller. It really is a “buyer beware” situation!
Of course, any agreement can change the “as is” nature of the event. You can include in your purchase agreement, for example, that the horse is 8 years old and suitable for a child to ride. If you later find out that the horse is indeed 15 years old and the seller has used it like in gymkhana events, you may well have grounds for a lawsuit against the seller!
1. The more you get in writing, the better. At a minimum, you should expect to receive a bill of sale identifying the horse by name, age, breed, color, sex, and other identifying characteristics that distinguish it from another horse. If any of these parts of the contract are later found to be true, you may have legal recourse if the breach is material. For example, if a horse is said to be 6 years old and is actually 5 years old, you cannot be injured in the eyes of the law. If a horse is said to be 6 years old and is actually 18, you would be doing yourself a disservice because you are buying a horse with a much shorter lifespan than expected.
2. If you can prove (that’s the hardest part) that the seller committed fraud, you can win the written contract just like any other civil contract case. However, fraud is difficult to prove because it requires you to show the seller a deliberate misrepresentation to get you to buy the horse. For example, if the seller knows that the horse has navicular disease, but tells the buyer that it is perfectly healthy, the buyer has the right to sue if he can prove the seller’s knowledge of this.
3. In addition to the written contract, also see the announcement that the seller may have published. The advertisement may contain certain statements which may be construed as part of the transaction. For example, a buyer who bought a horse that was advertised as having “no vices” could likely sue the seller if the horse immediately after purchase turns out to be a terrible manger. Even if the contract says you’re buying the horse “as is,” a written advertisement would likely give the buyer recourse.
4. If the seller has a higher, special duty towards you, you can also invoke that. If the seller was also your instructor, he has a positive duty to help you buy the right horse in addition to the seller’s normal contractual obligations.
5. Determine if the seller is subject to the UCC? The Uniform Commercial Code regulates the sale of goods by “traders”. In the horse business, a trader would be someone who earns a regular income from horse business, such as breeders and livestock agents. If the UCC applies, the merchant has two implied warranties: merchantability and fitness for a particular purpose. This means that regardless of the contract, the horse must be reasonably fit and healthy and suitable for the buyer’s intended use. They can only be deviated from if it is done in writing in the contract. So look for that language!
Don’t lose your head when it comes to buying a horse. This is the first riding lesson everyone should learn! Think things through and put everything in writing!
For more information on contracts, visit http://www.horsebacklessonsguide.com or http://www.equestrianriderguide.com
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