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Your legal rights explained when you've been mis-sold a horse

View profile for Leanne Kitson
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You did everything right for a perfect equine purchase. You weren’t naive; you didn’t just buy the first pretty pony or fall for a fancy sale video. Whether you’re new to the horse world or a seasoned professional, you approached the purchase of a horse with caution and common sense. You:

  • Asked all the right questions.
  • Picked a reputable dealer or a well-connected private seller.
  • Chose a horse that was genuinely suitable for the rider’s age, size, ability and confidence.
  • Acknowledged any inexperience and took a knowledgeable, experienced friend or professional with you to view the horse.
  • Had the horse vetted by a qualified equine vet.

And yet... it’s all gone wrong. The 'bombproof plod’ turned out to be a fire-breathing dragon. That ‘clean-legged’ showjumper is now revealing historic lameness. The ‘experienced schoolmaster’ turns out to be greener than grass.

So now you’re wondering… do I have the legal right to return the horse and get my money back?

The short answer is: possibly, but the route you take depends on who sold you the horse.

Buying a horse from a Dealer 

If you bought the horse from a registered horse dealer, which is someone who sells horses in the course of business, then you do have some protection as consumer protection laws are on your side.

Under the Consumer Rights Act 2015, goods (yes, horses count as goods!) must be:

  • Of satisfactory quality
  • Fit for purpose
  • As described

So, if a dealer sells you a horse described in the contract as a safe novice ride, but it turns out to be sharp or dangerous, that could be a breach of contract. Likewise, if you were told the horse had no history of injury or illness and it turns out it had long-standing veterinary issues, you may have a claim for misrepresentation.

What can you do?

  • You may be entitled to reject the horse and ask for a refund, especially if you act within the first 30 days.
  • If more time has passed, you could still be entitled to a repair (probably unlikely in the case of a horse!), replacement, or a partial refund.
  • You can also pursue a claim for misrepresentation or breach of contract.

It’s really important to gather together your evidence; obtain the written advert, messages with the seller, the vetting report, witness statements, videos, and records of behaviour since purchase.

Top tip: If the seller says they were ‘just advertising the horse for a friend’ or that they are ‘not a business’, but you know they’re buying and selling horses regularly, then they may still be classed as a dealer under the law.

Buying from a Private Horse Seller

Here’s the bad news, private horse sales come with fewer legal protections. The general rule is ‘buyer beware’. However, you still have legal rights.

When you buy a horse from a private seller, you can’t rely on the Consumer Rights Act as you would with a dealer. Instead, your purchase is ultimately governed by basic contract law and the Misrepresentation Act 1967.

The seller doesn’t actually have to volunteer any information about the horse, but they must not lie. So, if a private seller tells you the horse is ‘bombproof in traffic’ and it bolts at the first passing car, or they claim the horse is sound when they know it’s not, then that could be misrepresentation.

However, if the seller said nothing at all and you didn’t ask the right questions, it’s going to be much harder to prove a legal claim against them.

Evidence is your best friend; advert screenshots, messages, reports, videos or independent witness statements could help.

Top tips if you suspect you’ve been mis-sold a horse

  1. Act quickly. The longer you wait, the harder it may be to prove a claim.
  2. Keep all records. Vetting reports, sales adverts, messages, videos, and details of the horse’s behaviour after purchase.
  3. Get professional advice. A solicitor experienced in equine law can advise you on whether you have a case and the best way to proceed.
  4. Be realistic. This is very important. Not every sale gone sour is a legal case. You bought a live animal not a microwave; horses are not machines. Sometimes problems arise without fault. But where there's clear breach of contract or misrepresentation, you may have a case.

Need help? We'll take the reins

At Crombie Wilkinson Solicitors, we understand horses and the law. Our Dispute Resolution team can assist with equine sale disputes, whether it's negotiating a return, pursuing a full or partial refund, or resolving more complex cases.

We’re here to help you work out whether you have a legal claim, and if so, how best to pursue it with our practical and down-to-earth advice.

Got questions? Get in touch. Whether you’re embroiled in a dispute or just want to understand your rights, we’re happy to help.