Buying the right horse is stressful enough. No one wants to deal with problems that can arise from misleading claims.
Yet we’ve all seen those ads that make a horse sound too good to be true. Sometimes it’s an accurate description, other times it even raises red flags for those less-than-knowledgeable buyers.
If you’ve been taken advantage of by a seller, that’s an unfortunate feeling that’ll never go away. Ending up with a horse that isn’t what they say it is – that’s just plain sad. There are rules regarding the law of horse sales, but admittedly, it can be a difficult road to prove and navigate.
Your best bet is to do your homework ahead of time and know what you’re reading when looking through horses up for sale. So how does one cut through the truth and the hot air? Let’s take a look.
Are there laws?
Individual states do have laws related in the context of horse sales, and federal law may apply, too. What these laws govern are commerce and principal-agent relationships, which could involve the relationship between the trainer and the client. They also provide consumer protections toward unjust and misleading practices.
Those agreements for the sale of goods over $500 fall within the Uniform Commercial Code (UCC). The UCC helps harmonize the laws of sales across the U.S. through UCC adoption by all states. It requires a signed, written contract that includes certain information, including the price. The agreement isn’t enforceable if it doesn’t meet the requirements, unless an exception applies. For example, sometimes the UCC determines that the horse is sold with certain implied warranties if the seller is a regular dealer of horses; other times those warranties can mean liability for ones who sell a horse that isn’t fit for riding. Of course, noting these “warranties” in writing well ahead of time is the best practice.
Do your homework
There’s a certain gray area when it comes to flowery sales language and lawful statements in written ads – some of them can be taken to constitute legal representation. If the horse has some medical issues and words like “totally sound” or “100 percent sound” were used in the ad, that could signify fraud – a very serious matter. If the seller promises something if a sale is made and doesn’t follow through on his promise, then that could mean a void of contract. Breach of contract could ensue when an ad maintains one thing but the owner knows otherwise.
All of these issues have to do with intentional false representation in order to make a sale. As much as sellers should openly share the horse’s condition and disposition, buyers need to ask the proper questions in an effort to confirm the validity of the stated material in the ad.
Think about safety, first
You can debate whether the seller may have used fancy words to enhance the likelihood of a sale or not, but look past all the cosmetic talk in order to consider safety first and foremost. It’s not uncommon to see a word like “bombproof” to describe horses that don’t get upset or scared at strange sights or noises. Sellers will also claim horses to be “child safe.”
The reality is, both claims are impossible to make 100 percent of the time, so that should send a certain red flag up in your face. As well as they’re trained, the fact of the matter is they’re animals and will always be unpredictable. The horse may have a very good disposition, but no one can make a statement with total certainty that a horse won’t panic if something happens. If you are looking for a horse for a child, you’ll want to look for an experienced, mature one – not one that someone contends is child safe or is a young horse that a young child can grow up alongside.
Other wording
Oftentimes sellers like to talk about bloodlines in ads. That’s important, but don’t be fooled by potential. Having a trained horse is crucial, perhaps better than having a prospect. Ads also talk about lifetime earnings or awards, so be sure to ask about the horse’s show history. Better yet, take time to attend some area shows and get an idea for what judges seek in winners. Then you’ll have a better idea of what you like and don’t like.
Training is also discussed in vague ways in advertisements. “30, 60, or 90 days professional training” is often used, and some people treat that phrase as if it’s mileage or experience – the higher the number, the better. The truth is training and experience never really ends – these things take time. Even though most trainers bill every 30 days, that doesn’t mean the horse got 30 days of riding during that time. Always ask the strong, direct questions about the exact number of days the horse was ridden, or if it didn’t actually complete the training it was offered.
What if a third party is involved?
Similar to how a realtor acts as a third party between home buyers and sellers, sometimes people hire agents to help with a horse purchase. When that happens, a “principal-agent” relationship is formed. That initiates certain obligations on the agent’s part, responsibilities related to things like good faith, unbiased dealing, trustworthiness, and so on. Conflicts of interest can arise when an agent accepts payment as a result of the contract that isn’t known to the buyer. You don’t need to lose sleep over improper dealings as it’s not the norm, but you should always be aware of your rights when employing an agent.
If you find yourself shopping online for a horse, it helps to be smart when looking. A little attentiveness now could prevent a lot of headache later on.
