10 April 2024

DIt can be difficult to be both a seller and a buyer of horses. There is both an economic interest involved and an emotional and sentimental one. Law firm Treschow & Partner They specialize in horse law and are one of the most sought-after law firms in the horse industry. They are also partners at DressagePower Club, where members have the opportunity to listen to their knowledge and good advice, and receive 10% off consultation hours!

We asked Treschow & Partner about their experiences with buying and selling horses and what to consider.

What are common problems that arise for horse sellers?

For horse sellers, some common problems are hidden health issues that may arise after the sale. It can be difficult to predict or detect all potential health issues in a horse, which can lead to dissatisfied buyers and potential disputes.

What are common problems that arise for horse buyers?

For horse buyers, however, it is a common problem to to discover hidden defects or health problems in the horse after purchase. Despite careful inspection and veterinary examination, there may be health problems that are not apparent at the time of purchase. Additionally, buyers may encounter unclear contract terms or false marketing of the horse, which can lead to dissatisfaction and disputes.

Which parts of a contract are important to have in place to ensure security for you as a seller?

When it comes to ensuring the seller's security in a contract, it is important to include a Detailed health declaration for the horse. This should include information about the health condition at the time of sale to avoid any disputes later. Additionally, it is important to define limitations of liability Clearly state in the contract to avoid unwanted demands or claims from the buyer. It can be good for the seller to state what the horse has done but to write that it is not a guarantee that the horse with the new rider will be able to be used in the same way. Just because a seller has competed in steeplechase races, for example, it is no guarantee that a more inexperienced rider will be able to use the horse in the same way with the same results. It may also be wise to include a clause This requires the buyer to approve and conduct their own thorough examination of the horse before the purchase is completed. This provides additional reassurance for the seller and can reduce the risk of disputes after the purchase.

What should one consider as a buyer of horses, both regarding contracts and other matters?

As a buyer of horses, it is important to thoroughly examine and understand all parts of the purchase agreement Before signing the contract. It is crucial to be aware of any guarantees or commitments from the seller, as well as any limitations on liability and conditions for any refunds or compensation in the event of discovered errors or health problems after the purchase. In addition to the contract, it is also important for buyers to conduct a thorough veterinary inspection to minimize the risk of buying a horse with hidden defects. Additionally, it may be a good idea to do a Google search on both the horse and the owner before the purchase. Additionally, take a look at the competition database to see if the horse has been from the competition circuit during periods and, if so, ask questions about what caused it. It is also important to ask questions about the horse’s health and any previous health problems. 

What are your tips for conducting a safe and successful transaction, from both the seller and the buyer's perspective?

For both sellers and buyers, it is crucial to be honest, clear and transparent throughout the entire sales process. For sellers, this means providing accurate and thorough information about the horse, including its health status. For buyers, it means being clear about their expectations and needs. Writing a detailed contract that clearly defines all terms and expectations can also help make the transaction safe and successful for both seller and buyer.

Anything else that is worth knowing about, e.g. rights/laws/etc., when buying and selling horses?

It is important to be aware of several laws and regulations when buying and selling horses to ensure a smooth and fair transaction for both sellers and buyers. Here are some important points to keep in mind:

• Is the Sale of Goods Act or the Consumer Protection Act applicable to your situation? By knowing which law applies, both sellers and buyers can understand what rights and obligations apply to them in connection with the purchase or sale of the horse. This can help avoid misunderstandings, disputes, and uncertainty about which rules should be followed.
• In Sweden, there is freedom of contract, which means that the parties are largely free to negotiate the terms of the purchase. However, it is important that the agreement does not violate mandatory legislation.
• The buyer has the right to complain about defects in the horse within a certain period of time. The time limits for complaints vary depending on whether the purchase law or the consumer purchase law apply.
• Horses must have a horse passport and be properly registered. It is the seller's responsibility to ensure that these documents are in order when selling the horse.

Being well informed about laws and regulations can help both buyers and sellers protect their rights and interests and reduce the risk of future disputes. In case of uncertainty or complex questions, it may be wise to consult a lawyer with experience in the field.

Contact Treschow & Partner HERE!