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Buyer’s
Remorse
Q:
I recently purchased a two-year-old AQHA filly for my
8-year-old daughter to ride. The filly is quiet and
kind, my daughter really enjoys her and even won her
class of 17 entries last weekend. However, we noticed
after bringing the filly home that she has a back leg
that’s crooked. She’s not lame on it, it’s just
crooked. Our vet says it could cause joint problems for
her in the future. We contacted the seller and asked her
to take the horse back and she wouldn’t. We didn’t
have a contract with the seller and we didn’t get a
vet exam before buying the horse.
A:
For better or worse, the convention in the horse
industry is that unless you have an agreement to
the contrary and/or the seller makes certain specific
representations, all horse sales are "as is"
and final the moment the buyer delivers
payment. Most horse sellers will not take
returns. This is part of why I recommend a written
purchase/sale agreement for every transaction - that
way, no one is surprised after the transaction is
complete. I also highly recommend a prepurchase
vet exam for every purchastee, no matter how inexpensive
the horse is. For more tips on buying a horse, see
"Buying a Horse" on Equine Legal Solutions.
With
that baseline established, let’s address what
representations the seller made and what her disclosure
duties were. The seller knew that you were purchasing
this horse for an 8-year-old, so if she knew of any
reason why the horse might be dangerous or otherwise
unsuitable for a child, she should have told you. For
example, if the horse bucked, reared or ran off with her
rider, that behavior would make her unsuitable for a
child. It’s an exceptional two-year-old that’s a
suitable child’s mount. However, because your daughter
is apparently having no problems controlling the mare,
it doesn’t appear that the seller misrepresented the
mare as being suitable for a child.
The
seller also advertised the mare as a show prospect. If
the mare were unsound when the seller sold her to you,
that would make her unsuitable as a show prospect in any
discipline. However, despite the crooked back leg, the
mare is currently sound, and in fact, your daughter is
already winning with her in the show ring. Clearly, she
is a suitable show prospect, so the seller did not
misrepresent the mare in that capacity.
Was
the seller required to disclose that this mare had a
crooked back leg? I believe that the seller was not
legally required to disclose this fact, because it did
not affect the mare’s current use or soundness.
Sellers are not required to make predictions about a
horse’s long-term soundness. For more information on a
seller’s legal duties, see "Selling a Horse"
on Equine Legal Solutions.
However,
I strongly recommend that sellers advise all buyers to
obtain a prepurchase veterinary examination and that
your sale agreement specifically state that the horse is
sold "as is" and that you offered the buyer an
opportunity to obtain a prepurchase exam. When buyers
decline a prepurchase exam, I recommend that you include
a sentence in the sale agreement noting that you have
offered the buyer the opportunity to obtain a
prepurchase exam and that the buyer has declined, then
have the buyer initial that section. One caveat, however
- prepurchase exams are not a guarantee of future health
or soundness, they are simply a veterinarian’s opinion
regarding the horse’s current condition. Here's an
excellent article on what to expect from a prepurchase
exam.
In
the sale/purchase agreement, I also find it helpful to
include descriptions of any behavior, health and
soundness issues that the horse has had – that way,
the buyer cannot come back later and complain that the
seller did not disclose these facts to them. It’s also
good information for the buyer and can help them make a
better decision. Equine Legal Solutions offers
customized sale or purchase agreements at an affordable
fixed price. We like to help our clients prevent
disputes, and good contracts help minimize disputes by
clarifying the terms of the deal and making sure both
parties have an opportunity to understand those terms
before entering into the deal. In 90% of the disputes
that we handle, there is no written agreement between
the parties, but in the situations where there is a
written agreement, we can generally resolve disputes
much more quickly (and affordably!). |
