Selling

Buyers to Beware of When Selling a Horse

Some horse buyers come with a higher risk of legal issues than others. Here are seven things to look out for in buyers when selling a horse.

Person holding warning sign
Person holding warning sign

By Rachel Kosmal McCart

As you might imagine, being an equine law firm, Equine Legal Solutions speaks with many, many unhappy horse purchasers. In fact, “horse purchases gone bad” represent about 70% of the inquiries to our practice.

In fielding the many inquiries from dissatisfied buyers, we have identified a number of buyer characteristics that seem to be reasonably reliable indicators of potentially unhappy (and possibly litigious) horse purchasers. In our opinion, the following factors make an equine sale transaction risky for the seller. The more factors present, the riskier the transaction.

1. The buyer is a first-time and/or very inexperienced horse owner and is not working with a trainer.

Often, first-time horse buyers do not know what they want or need in a horse, and when they make an inappropriate choice, they blame the seller. They are also sometimes under the impression that “an honest seller should take the horse back if it doesn’t work out” or that there is some type of “cooling-off period” during which they can cancel the sale.

2. The buyer purchases the horse sight unseen.

While the internet has greatly expanded the market of potential buyers for horses, it has also presented the opportunity for people to buy horses on a whim, often resulting in buyer’s remorse.

3. The buyer comes out to see the horse in person but doesn’t ride it.

When a buyer doesn’t thoroughly try out a horse before buying it, they rarely recognize it as a failing on their part and instead blame the seller for selling them a horse that is “unsuitable” or even “dangerous.”

4. The buyer refuses the opportunity to have a prepurchase veterinary exam.

The buyer rarely recognizes not getting a vet check as a penny-wise, pound-foolish choice, and the second the horse is ill or lame, the buyer claims it was a preexisting condition the seller didn’t disclose. Note this can happen even months after the sale.

5. The buyer wants to make payments on a horse that is less than $10,000.

Often, such buyers do not really have the cash flow to support their purchase and, therefore, one little unforeseen expense, such as a car repair, can result in late or incomplete payments on the horse. Also, query whether such a buyer can really afford the high cost of horse care and the inevitable surprise emergency vet bill.

6. The buyer is buying a horse for a child, especially a very young child and/or a child with little or no riding experience, and the buyer is not a trainer.

Frequently, in such instances, the parent or grandparent expects the horse or pony to be a little robot, and when it isn’t, they blame the seller for selling them a horse that isn’t “child-safe.”

7. The buyer tries to negotiate the price downward because of personal circumstances like a divorce, family illness, job loss or disability.

Much like the buyer in No. 5, this buyer probably cannot really afford to own a horse (or they are not truthful, which also does not bode well for a successful sale).

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Written by: Rachel Kosmal McCart

Rachel Kosmal McCart is a lifelong horsewoman and the founder of Equine Legal Solutions, PC, an equine law firm based in the Portland, Oregon area. Rachel is a member of the New York, California, Oregon and Washington State bars and is admitted to practice before the U.S. District Court for the District of Oregon and the U.S. District Court for the Central District of California. Rachel currently competes in three-day eventing.

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