What are the responsibilities of private individuals when selling horses?

The Consumer Rights Act does not apply to sales of horses between two private individuals. However, private sellers of horses may still be held liable for issues arising after the sale, if they have made a misrepresentation to the buyer. A misrepresentation occurs when a seller has made a statement to the buyer about the horse which they knew, or ought reasonably to have known, was not true or may not have been true. If the buyer has relied on such a statement in buying the horse, then they may be entitled to rescind (cancel) the contract for the sale of the horse.

How can I avoid a legal dispute when selling a horse?

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Advertisements are often relied on when a buyer wishes to establish that a horse is not as described by a trader. There is a delicate balance to be struck between attracting a buyer, and creating a document which could form the basis of a dispute.

• Take care not to “oversell” the horse. Try to use only statements which you can keep factual evidence of, for example, competition results. Don’t use sweeping generalisations.
• Expressly disclose quirks or habits. This may put buyers off, but it is better to lose a buyer than be involved in litigation with them. 

Using a Contract 

Where a sale involves either a high value horse, an unusual term (such as deferred payment), an international element or a horse with any health issues or quirks, it is highly advisable to use a contract. “Off the shelf” contracts will rarely provide the protection which each unique transaction calls for.

Examples of a few key issues which should be considered in any contract for the sale of a horse include:-

• The buyer should agree that they do not rely on any verbal statements made by the seller in deciding whether they will purchase the horse. Buyers will often say that a seller has told them something at a viewing. The seller may not have thought to be a binding statement at the time, but it could be used against them during a dispute. Worse still, the parties may have different recollections about what was said verbally.
• The buyer should disclose in the contract known (current or historical) health issues, temperament issues, quirks or other management requirements of the horse.
• The buyer should confirm what the exact intended purpose for the horse is, to avoid the horse being used for a purpose other than what it was purchased, and a complaint arising if it isn’t suitable for that.
• If a horse is being sold overseas, a clause agreeing that the law of England and Wales shall govern the agreement, and that the Courts of England and Wales shall have exclusive jurisdiction to resolve any dispute arising. 

These are provided by way of examples only and are not exhaustive. You should contact a solicitor to seek advice about the preparation of a contract of sale.

Retain Evidence 

Sellers should keep (we recommended backing up electronically) evidence relating to the horse during their ownership and at the point of sale. This may include:-

• Videos of the horse being trotted up on the day that it leaves

• Videos of the horse being ridden

• Any veterinary reports held by the seller

• Any communications between the seller and the buyer

• Any advertisement of the horse 

• A photograph of the previous owners of the horse in its passport (in case the seller needs to make contact with them)

What should I do if a dispute arises about a horse that I have sold?

Unfortunately, where horses are concerned, disputes will inevitably arise. Albeit that the vast majority of sellers would never knowingly sell a horse which is not the correct fit for the purchaser, horses can react badly to certain changes and they can develop behavioural issues.

Purchasers will be sceptical and panicked if a horse transpires not to be suitable for their needs, and of course, the seller will be their first port of call for redress.

We set out below our guidance in respect of how to deal with a complaint or claim, if one arises.

1. Always remember that anything which you write could end up being read by a Judge deciding your case. For that reason, you should not reply in anger or haste to any messages, e-mails or letters from a disgruntled buyer. Consider the position carefully and respond in a measured manner.
2. Don’t put off dealing with communications, particularly if Court proceedings have been threatened, or have been issued. The buyer could secure a county court judgment in default against you, which is more difficult to deal with.
3. Know the potential implications for you. If a claim threatened is for less than £10,000, then the purchaser is unlikely to be able to recover legal fees from you, even if they are successful with their claim. This may be a significant factor for them in deciding whether to pursue you. If the claim is for more than £10,000 (note that the claim could include additional expenses, not just the price paid for the horse) then the purchaser’s legal fees are also potentially recoverable from you.
4. Gather and preserve evidence. Give consideration to what will be available to you in order to disprove any untrue allegations.
5. Understand the requirements of the Court process and seek legal advice at an early stage, if you are able to. If you become involved in Court proceedings, a Judge is likely to issue a strict timetable, providing dates by which certain documents must be prepared and exchanged. Failure to meet these deadlines can have severe consequences.
6. Whilst may not always be proportionate or necessary to invest in legal representation, and you may decide that you wish to represent yourself in respect of any claim made against you, we can offer cost effective representation to assist and advise you, including representation at hearings or preparation of Court documents. 

Is a receipt the same as a sales contract?

Many traders will supply a receipt stating “sold as seen” and confirming the amount paid for a horse. Unfortunately this does not comprise a contract: it is a document which is being exchanged after the sale has taken place. It will be considered along with all other documents and records of the transaction as evidence of the sale agreement if there is a dispute. 

Does having no written contract mean that there is no contract (for sales, liveries, co-ownerships, rider arrangements etc)?

In short, no! A contract can either be made in writing, or implied based on two parties’ actions. To be valid, a contract must include offer (I will sell you this horse), acceptance (yes please), consideration (££) and performance (the buyer takes possession of the horse). 

When you buy or sell a horse, or make any other arrangement (such as livery, co-ownership, or professional rider arrangements) where money changes hands in exchange for goods (such as a horse) or services (such as livery or training), a contract exists. By putting the contract in writing, you are taking charge of what is contained in the contract. In the absence of a written contract, the implied contract might include all the related communication between the parties – conversations, WhatsApps, messages and emails. 

A good written contract will include all the key commercial terms (such as pricing, timescales, penalties for non-payment, the timing of when a horse changes hands) and a certain amount of legal protection to ensure that it is just the written contract which forms the basis of the transaction, and not all the related communications. 

What is the difference between co-ownership, syndicates and supporters’ clubs?

All ownership structures differ slightly, there is no “one size fits all” solution as the motives, opportunities and commercial arrangements differ for each horse. That said, as a guide: 

• Co-ownerships are when one horse has a small number of owners, who may hold the same proportion (and have the same rights), or when the ownership ratios and rights that each owner has differ. A specific co-ownership agreement should be used, as the rights and obligations will exist until a co-owner exits, or the horse is sold or dies. 

• Syndicates are used when a larger group of people are brought together to participate in the ownership of a horse on the same terms. The key difference between syndicates and co-ownership is that one co-owner may have different rights over the horse than another, whereas in a syndicate all the owners sign up to the same terms, and have the same rights. A syndicate agreement is crucial: the syndicate owns the horse, and therefore rights and obligations exist throughout the horses’ life. 

• Supporters’ clubs are used to support one, or a number, of horses for a fixed period of time, in exchange for an “ownership experience”. These are bespoke – what one rider can offer will differ from another – but importantly, they do not own the horse(s) in any way.

While contracts are advised for all these arrangements, no two arrangements are the same and therefore “template” contracts are often incorrect and/or inaccurate. 

Why should a professional rider have a contract?

A contract is a way of balancing risk, and ensuring that both parties are clear as to where their responsibilities lie within a relationship. A horse is a valuable asset, and can be subject to high costs – a good contract should be clear as to how decisions are made, and how costs are managed. 

For an owner, a rider contract gives certainty that there will be good information flow about the horse and the riders’ plans, the management and health of the horse, and any sales opportunities – as appropriate. It also lays out clearly the riders’ expectations as to who pays for what, so there are no surprises. 

For a rider, a contract signals to owners a level of professionalism which gives confidence. A rider can plan more effectively knowing the cost parameters they are working within, and budget for their season plan based on the arrangement for each horse. There is less awkwardness in a “bad news” conversation, since a contract should be clear as to who is responsible for the veterinary bills or lost entries. If an owner wishes to remove a horse, while a rider cannot prevent this they can protect their business by ensuring that a notice period applies, together with an agreed commission if a horse is sold. 

It is crucial that the contract matches the riders’ personal business arrangements for the horses they ride, which often involves far more than changing the numbers. We would advise seeking a bespoke contract that a rider can use with all horses in their care. 

What is the difference between an employee and a self-employed person?

Employment status is important because an individual’s legal rights, protections and obligations will depend upon which class they fall into. There are three principal types of employment status:

• Employees

• Workers
• Self-employed

 Courts and tribunals can look at many factors to determine which relationship exists, but the three main factors to consider when determining if someone is an employee are:

• Personal Service. The person is obliged to perform the work personally and is not permitted to send a substitute to do the work.

• Mutuality of obligation. The employer is obliged to provide work and the individual is obliged to accept the work in return for pay.
• Control. The employer must have sufficient control over the employee and the way the individual performs the work.

 All employees are workers but not all workers are employees. With workers, the main difference is that it is not necessary for the worker to have committed to a minimum level of work or be obliged to accept future work. An individual will be self-employed if they are not an employee or a worker.

Someone who is self-employed is either:

• not obliged to provide personal service or

• obliged to provide personal service but the individual is carrying on a business and the other party is a client or customer.

 Contracts do not have to be written down, as they can be agreed orally but it always better to have everything in writing. One of the main differences between being employed (or a worker) and being self-employed is the different tax treatment and getting it wrong can expose employers to unpaid PAYE and NI bills. There are also important differences under employment law. For example, if a person is self-employed they don’t get paid annual leave, sick leave or have access to an employer’s pension.

As an employer, what are my Day 1 Obligations to employees?

 Currently:

• Right to a written statement of particulars of employment. This sets out the main employment terms, including the job description, pay, hours of work and any disciplinary or grievance procedures applicable.

• To be paid at least the national minimum wage.
• Rights under the Working Time Regulations 1998 relating to working hours, rest breaks and holiday entitlements.
• Statutory Sick Pay after waiting days.
• Protection from unlawful deduction of wages.
• Protection from discrimination.
• The right from to have their personal data dealt with in accordance with the Data Protection Act 2018.
• Protection under the Health and Safety at Work Act 1974
• Employees from day one have the right to claim automatic unfair dismissal when dismissed on a number of grounds which include reasons connected to pregnancy, family leave, acting as an employee or trade union representative, being a part-time or fixed-term employee and whistleblowing.
• Right to request flexible working.

Under the proposed changes by the Labour Government, some rights which do not currently apply from Day 1 will do so in the future.  Here are some examples;

• The right to claim unfair dismissal will be a day-one right. This is expected in Autunm 2026.

• Statutory Sick Pay without waiting days.
• Right to parental leave and paternity leave.