New Horse, New Problems: Who Is Responsible When Vet Issues Appear?

Buying a horse is often stressful. Emotion, hope and an awful lot of trust all play a part. Sadly, it is not uncommon for veterinary issues to come to light shortly after purchase. When buyers have had the ‘all clear’ on pre-purchase vetting and then a health concern suddenly comes to light, this understandably leaves them asking a difficult question: Is this the responsibility of the seller or the vet?

The answer, as always in law, is that it depends on the circumstances. An early veterinary opinion is often essential, particularly where timing and causation will be key to determining who, if anyone, is liable. So before rushing off to blame anybody, it is crucial to gather information:

• What exactly is the veterinary issue;
• When is it likely to have arisen;
• Should it have been detectable at the time of purchase; and
• What evidence exists (vetting report, advertisements, messages, contract etc)

It can be tempting to assume that either the seller must have been dishonest or the vet must have missed something. In reality, the position is often more nuanced. Some conditions develop over time and won’t have been known to the seller, others may have been present but undiscoverable by a vet. Understanding whether the problem existed at the time of sale, whether it ought to have been identified during the vetting, and what was said or reported at each stage is essential in deciding who, if anyone, may be legally responsible.

Route One: Pursuing the Seller

1. Misrepresentation

If a seller made a statement of fact that later turns out to be untrue and you relied on that statement when deciding to buy, this may amount to misrepresentation. The remedy may include rescinding the contract (i.e. unwinding the sale) or seeking damages.

The key question is: What exactly was said, and can it be proved?

2. Breach of Contract

If the sale contract included express terms (for example, “suitable for B100 eventing”), and the horse is diagnosed with navicular, there may be a claim for breach of contract.

Written contracts are certainly invaluable here, but WhatsApp messages, adverts and emails can also form part of the contractual picture.

3. Consumer Rights (Where Applicable)

If the seller was acting “in the course of a business” (for example, a dealer or professional producer), the Consumer Rights Act 2015 may apply.

This requires the horse to be:

• Of satisfactory quality
• Fit for purpose
• As described

It is important to be aware that in private sales, the principle of ‘buyer beware’ applies, and the buyer’s protections are significantly more limited than via a company or dealer. It is also crucial to weigh up the cost of the horse versus the potential costs of any claim.

Route Two: Pursuing the Vet

Sometimes the seller has done nothing wrong, but the problem lies with the pre-purchase vetting.

A claim against a vet may arise where:

• The vet failed to identify an issue that should reasonably have been detected;
• The vet’s report was misleading or unclear; or
• Relevant risk factors were not properly explained.

However, it is important to take a sensible approach. Remember that vets are not guarantors of future soundness, and a “pass” does not mean the horse is perfect. The question is whether the vet met the standard of a reasonably competent veterinary surgeon. You will almost certainly require independent expert veterinary evidence, and you should be aware that your claim might be financially disproportionate depending upon how much you spent on your horse.

Can You Pursue Both?

Potentially, yes, but strategically, you should exercise caution. Claims against sellers and vets involve different legal tests and evidence. It is often advisable to investigate both routes initially, then decide which offers the strongest and most proportionate prospect of success.

Practical Tips for Buyers

• Always obtain a written pre-purchase vetting
• Keep copies of adverts and messages
• Ask clear questions and keep the answers
• Act quickly if a problem arises
• Seek legal advice before confronting the seller or vet

Early missteps can prejudice an otherwise good claim. Delay can undermine causation arguments, affect any compensation, complicate your consumer rights and cause issues with limitation periods (the time allowed to bring your claim).

Final Thoughts

Discovering a veterinary issue after purchase can be distressing, both emotionally and financially. While not every problem gives rise to a legal claim, there are clear routes available where things have gone wrong.

The key is identifying who bears responsibility, and that requires careful analysis, not assumptions.

If in doubt, take advice early. In equine matters, timing and evidence are everything. Should you require any support, Crombie Wilkinson is here to assist.