There are important things about purchase contract that you should know when buying a horse. You should be aware of what a purchase contact must contain and what your legal rights are.

First, you must understand that when you purchase a horse, you buy it as is. Meaning, the duty to examine the horse prior to the purchase is on you. You cannot sue the seller for any defects gone unnoticed and found after the purchase. However, the as is nature of the transaction can change for the following reasons and situations.

1. If there are any violation on the written contract made by the seller.

Keep everything that has something to do with the horse you are buying in a written contract. If you get a Bill of Sale, be sure that the information is complete. These information should be the name, age, breed, color and sex of the horse as well as other distinguishing factors.

You can only sue the seller if the breach is material or if any of the elements stated in the contract is untrue. For example, you found out that the age of the horse when you bought it was a lot older than what the contract said. This is a cause for legal action because the lifespan of the horse is a lot lesser than you expected.

A breach is not applicable if the law does not find you damaged even if the element stated in the contract is not true. For example, the age of the horse was 6 in the contract while it was actually 5 when you bought it.

2. If you can prove that the seller engaged in fraud.

You can overcome a written contract if you are able to prove that the seller has deceived you to make you buy the horse. This is rather difficult because you have to prove that the seller indeed engaged in fraud.

For example, the seller told you when you bought the horse that it is healthy and sound. And then you found out later that the horse has a disease before you bought it. However, it will be difficult to prove that the seller is aware of the disease.

3. If the seller published a false advertisement.

Check the advertisement the seller may have published. Sellers usually post or publish advertisements, which contains specific statements that could be interpreted as part of the bargain. The ad may give the buyer recourse even if the contract says you are buying the horse as is.

For example, the ad the seller published said that the horse he or she is selling does not have vices. But you found out that it has already developed vices even before you purchased it. This is a clear example if deceit and you can take legal actions.

4. If the seller has an affirmative duty to you.

If your instructor is your seller, he or she has an affirmative obligation to you. These obligations include helping you buy the right horse above and beyond the normal sellers contractual obligations. Meaning, your instructor should not deceive you.

5. If the seller is governed by the UCC

The UCC, which is short for Uniform Commercial Code, governs the sales of goods from merchants. If the seller is considered a merchant, someone who makes a regular income with horse transactions, he or she must conform to the UCC.

If the seller is a merchant, the transaction must come with merchantability and fitness for a particular purpose. These two are implied warranties that come with the purchase of horse. Regardless of the contract, the horse must be reasonably sound and healthy, and suited to its purpose. But this can only be excepted if done so in writing.

Therefore, in buying a horse, get as much as you can in writing. It is a buyer beware situation, so do not lose your head.

Tags: Horses