Horse sales and prices boomed during lockdown. Unfortunately, a direct result of the increased market is an increase in disputes relating to horses being mis-sold.

If you have been mis-sold a horse or are facing a mis-selling claim as a seller, the first thing to consider is whether the horse was sold privately or commercially.

If a horse is sold privately, the principle of caveat emptor or “buyer beware” applies. This means that there is more of an onus on the purchaser to carefully consider every aspect of the purchase.

When purchasing a horse privately, the rights under the Consumer Right Act 2015 do not apply. This means the horse must be as described, therefore as a buyer you should ensure that you have a full description of the horse, make your intentions with the horse clear and ask as many questions as possible. As a seller, this means you should provide an accurate description of the horse, answer all questions honestly and ensure that you have the legal right to sell the horse.

Unfortunately, it is common for false representations to be given in an advertisement of a horse. If such a statement, known as a misrepresentation, induces the buyer into entering into the contract then the buyer may be able to seek a refund for the horse.

When considering returning a horse due to a misrepresentation, you should act quickly as if an extended period has passed since the purchase of the horse, it may be more difficult to assert that the issues you are facing were present at the time of purchase.

When purchasing from a commercial seller, you have further rights under the Consumer Rights Act 2015 such as, the horse should be of satisfactory quality, fit for purpose and as described.

In the first 30 days of ownership, you have a right to request a refund from the seller. However, after the first 30 days you lose that right and it becomes more difficult to demonstrate that the issue complained of was apparent at the time of the sale and has not developed during your ownership.

If you believe you have been mis-sold a horse, or if you are a seller facing a mi-selling claim and wish to contact an equine specialist at Farleys please call the team today on 0845 287 0939 or get in touch by email or through the online chat below.