Latest from Horse & Hound in Selling-horses

‘I’m assessing horses’ fitness for purpose – not whether buyers can ride them’: Vets and dealers debate the vetting process

Eleanor Jones — Thu, 12 Mar 2026 07:35:03 +0000

Work on consistent interpretation of X-rays and moving towards a risk assessment rather than “passing or failing” have been suggested for the future of pre-purchase examinations.

A panel with extensive veterinary and horse-selling experience discussed vettings at the 2026 National Equine Forum on 5 March.

Vets Lucy Grieve, Sam Cutts and Mark Georgetti were joined by Julia Martin of Kings Hill Equestrian, in a debate chaired by British Equine Veterinary Association (BEVA) CEO David Mountford. The session was in part sparked by the new seller declaration form introduced by BEVA last year, as part of its online toolkit for vets.

“Buying and selling horses is one of the oils that keeps the engine of the horse industry turning,” Mr Mountford said. “Gone are the days when the vet would rock up, have a look at the horse, trot it up, listen to its heart and wind and probably say, ‘That looks like a good one to me.’ We move forward and that evolution may have made things better in many cases, but it also may have made things worse.

“We’re going to try to look under the bonnet of vettings and see how well it’s running and consider whether we could do any better. That’s not just for the benefit of sellers, buyers or vets, it’s for the industry as a whole.”

Dr Grieve, who was instrumental in putting the BEVA guidance together, explained that vettings developed to perform in a similar way to surveys on houses, to ensure people are buying something fit for purpose, but these involve living animals.

Vettings: not a guarantee or warranty

“You’re seeing it for that small amount of time and trying to judge what you seem to see, and whether that horse is right for the person,” she said. “It’s not a guarantee or warranty, it can’t detect future soundness, performance or behaviour, and it certainly can’t guarantee whether that horse can be insured fully – insurers will have their own opinion on findings of a vetting.

“As we’ve seen more people getting into horses, there’s been an expectation drift. I think people expect more from the vetting than is possible. It’s more certainty they want, rather than understanding that it’s a risk assessment.”

Dr Georgetti agreed that many people wrongly talk about horses “passing or failing”.

“We’re really doing a diligent examination, finding things and discussing the risks associated with that,” he said. “It’s putting those risks into context for that individual.”

Ms Martin said she does not think the system is sustainable; too many clients want vets to tell them horses are perfect, which is not realistic.

“These people want perfect, there’s no perfect,” she said. “They want protection for their money on a vetting. That’s not going to happen and too many horses are being written off.”

Ms Martin said 40 years ago, she would sell 250 to 300 horses per year, and one in 10 would “fail” the vet.

“Now I’m down to two in 10 ‘passing’,” she said. “The horse world is growing but we’re selling less horses.”

Post-purchase disputes

Dr Cutts, who has served as an expert witness in this area, said post-purchase disputes are split evenly “between a failure of examination and a failure of expectation from the purchaser”.

“Things do get missed at vettings; we can all make mistakes, but when things go wrong, it’s often that the purchaser has bought the wrong horse,” she said. “If we’re asked to do a vetting, we’re assessing whether the horse is fit for the purpose that’s been described. If I’m asked if I think this horse will be fit for being a grand prix dressage horse, that’s what I’m assessing. I’m not assessing whether the owners are going to be able to ride it.”

Dr Cutts added that vets may find issues that do not significantly increase the risk of a horse not being able to do its job, but that insurers may not agree. This could mean a long list of exclusions, or buyers walking away.

Dr Grieve added that vets learn about vettings by shadowing, gaining experience of the reality of horses’ fitness for intended purpose, and that the online toolkit and seller declaration should help.

“We’re trying to get the vet out of the history-taking part; having that on a signed document gives that bit more confidence and hopefully encourages [sellers] who may be a little more relaxed about the truth,” she said. “The idea is to provide a more supportive network to older vets but also younger ones who are really trying to get through to feeling confident.”

Dr Cutts also cited legal disputes, adding: “In years gone by, if it’s a really good horse and it doesn’t work out, bad luck. These days, if somebody buys a horse and it doesn’t work out, it’s got to be somebody’s fault – it’s definitely not their fault, so if it’s not Julia’s fault, it’s my fault.”

She said a way for vets to protect themselves against such disputes is to document all findings, but then there is more for insurers to exclude.

Difficult situation

“It’s difficult circumstances,” she said, and Dr Grieve agreed, adding that she has seen younger vets who do not want to carry out vettings.

“They’re scared,” she said. “Those are the cases that keep you up at night, for months, because you know these people might come back at you six months later and say the horse has started bucking. Having support to look after these vets is important.”

Dr Cutts said she would like to see Britain move away from horses’ being classed as fit or unfit for the intended purpose, towards the European system of classing horses as low, medium or high risk for the purpose, which she thinks would mean more horses finding the right homes.

The panel was asked what impact buyers wanting pre-purchase X-rays has had, and Dr Georgetti said these are the most common “extra” his practice is asked to do.

“I feel there’s quite a wide variability between vets’ interpretation of findings,” he said. “I think that’s partly due to experience, partly because there’s no really good clinical knowledge base to work from for significance of a radiographic finding. So a consensus on significance [would be helpful] as [X-rays] sometimes provide more questions than answers.”

What do you think should change in vettings? Write to us at hhletters@futurenet.com, including your name, nearest town and county, for the chance for your letter to appear in a forthcoming issue of the magazine. Letters may be edited for clarity and length.

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‘Vets who haven’t seen the horse in the flesh are stopping riders from buying,’ warns Richard Sheane of Cooley Farm

Richard Sheane of Cooley Farm — Thu, 05 Feb 2026 10:32:28 +0000

Richard Sheane of top Irish horse producers Cooley Farm explains why he feels vets examining X-rays without having seen the horse in the flesh is influencing the sales of future equine stars

Here at Cooley Farm, we’re having an ongoing problem, which is shared by many high-end horse sales yards. It’s common for a client to come in from abroad, buy a horse subject to vetting and for the horse to be presented at their chosen Irish veterinary clinic for the pre-purchase examination.

The horse is clinically examined and X-rayed and when everything is deemed normal, the X-rays and in some cases, scans, are sent to the customer’s home vet. In many cases, they find issues that are irrelevant to the horse’s future performance. It might be something minor and within normal limits, but their concerns mean the sale falls apart.

It feels like the home vet wants to show that they see more than the vet who saw the horse in person and that they are protecting their clients, but ultimately all they are doing is stopping their clients from purchasing a top horse.

The vet check can really only assess the horse on the day – primarily by a clinical examination. No one has a crystal ball to predict what the future holds and the horse could be injured in so many ways. If the vet is satisfied on the day, it’s ridiculous to base its future soundness on unfounded potential scenarios.

We estimate that 80% of the horses we’ve sold that have gone on to be placed at four- and five-star have been judged unsuitable in this way by a “third-party vet”.

Their careers reinforce a lesson we’ve learned through decades of experience. Elite performance is built on ability, temperament, durability and matching of horse to rider and the correct system – not on the misguided opinion of a vet who never viewed the horse in person.

When assessed correctly and in context, minor, non-prejudicial findings do not impact soundness, performance, longevity or ultimately results.

One Cooley graduate, who is now succeeding at four-star and is one of the hottest up-and-coming horses in the sport, fell foul of no less than seven different vets before he found his home – and he’s now beating lots of the riders who turned him down.

Customers then sometimes complain that they didn’t buy the horse “because there was x, y, z wrong with it” – but there wasn’t anything wrong with it, as its subsequent performance shows.

“A focus on horses that will perform”

We are a top-end yard, not the equine dealing equivalent of a used car salesman, and this is affecting horses with a value over £30,000.

We are giving decent money for the horses initially and we have them thoroughly vetted. We have no interest in horses that have clinical or radiographic problems.

Our focus is on horses with exceptional temperament and ability – horses that will perform at the highest level.

We have a record for selling horses that are well and sound – we’d have no business if we sold horses who weren’t up to the job.

If someone did ring up and had a problem with a horse, we’d take it back.

Vets perhaps don’t realise how difficult it is to find a horse with the potential for the top level and then to match the horse and the rider and system to create the perfect formula.

Assessing suitability for elite sport requires an understanding of temperament, ability, production systems and rider compatibility – areas that extend beyond the scope of a vet’s knowledge.

When these broader factors are not fully considered, unnecessary doubt can be introduced by the vet into the decision-making process, often resulting in riders and owners missing horses that would have been an excellent fit for their system and goals.

We do get our horses sold, of course, but it’s such a rigmarole and it feels like we are getting to the point where vets have too much control and they are choosing horses, not riders.

Ultimately purchasers are buying horses that the vets like, not what is best for them and their future.

● Are you a vet with a different view? Or a buyer with an opinion? Write to us at hhletters@futurenet.com, including your name, nearest town and county, for the chance for your thoughts to appear in a forthcoming issue of the magazine

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New pre-vetting document introduced to make buying and selling horses smoother

Lucy Elder — Mon, 27 Oct 2025 16:11:49 +0000

Sellers of horses will be asked to declare relevant information in writing, directly to prospective buyers – cutting out the vet “middleman” – as part of a new toolkit.

The British Equine Veterinary Association (BEVA) has introduced a pre-purchase examination (PPE) seller’s declaration as part of its new online toolkit for vets. Previously, the seller’s declaration was part of BEVA’s pre-purchase worksheet, containing questions for the vet to ask the seller.

This new declaration, which has been revised with the support of British Equestrian (BEF) and the British Horse Society (BHS), is a more extensive, stand-alone document. Prospective buyers are recommended to ask for a completed copy from the seller directly before the formal PPE starts.

“BEVA’s new seller’s declaration will iron out the PPE process to make it smoother and more efficient for all three parties involved: buyer, seller and vet,” said BEVA veterinary projects officer Lucy Grieve, who has been instrumental in putting the new guidance together.

“The advantage is it cuts out the vet as a middleman… asking if the horse has received any medication, or coughs on dry hay and so on. The declaration means that the seller should declare those things to the buyer straight off. If completed in advance, it should give the buyer more robust information on which to base proceeding with the PPE or not.”

She added that it is hoped this becomes an “industry standard”, so that all parties can proceed with vettings with as much confidence as possible.

The document asks the seller to disclose a horse’s veterinary history and interventions, behaviour, whether he is in work or not, specific management requirements, lameness history, plus details of preventative care such as worm control and dental care. There is also an area to declare whether the form was filled in by the seller or an agent.

BHS director of horse care and welfare Gemma Stanford said: “We always urge a buyer to make careful considerations when going through the process of purchasing a horse. It’s a decision that should never be rushed and one that needs to be made with every detail to hand.

“BEVA’s new seller’s declaration will be a great, supportive resource to help with this process. Sellers can easily input all the information required in one go, while buyers have peace of mind that they’re making an informed decision. Critically, it’ll ensure that the welfare of the horse is always the key priority.”

Lawyer Jodie Seddon, partner at Aria Grace Law CIC, welcomed the move, also recommending that parties still have sales contracts.

“We support the BEVA, BHS and BEF in their aim to bring more transparency to equine transactions, however we would caution that the proposed questionnaire does not alone form a sales contract that both parties can rely on,” she told H&H.

“This is a positive step in ensuring more consistent information sharing, to the benefit of the welfare of horses changing hands. However, to ensure that the information disclosed has contractual force, we would always recommend using a sales contract.”

For more information, visit: beva.org.uk/Resources/Clinical-resources/PPE-toolkit or view a digital version of the form

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Jodie Hall McAteer: ‘While other industries struggle, showjumping is growing’

Jodie Hall McAteer — Fri, 14 Mar 2025 10:25:39 +0000

Jodie Hall McAteer shares her thoughts on making a living out of horses and the vetting debate

It’s unbelievable how healthy business is here on the Andalucía Sunshine Tour in Vejer de la Frontera, Spain, where I have been based since the start of February. Whether it’s young horses, amateur horses or ready produced horses, there are plenty of people looking to buy and willing to sell.

The Spanish tours have always been the best place in Europe for getting away from the cold winters and Vejer has grown so big, it’s become a great place to network.

Although a lot of industries are struggling in the current financial climate, our sport seems to be growing.

One thing I have noticed is how much the tours are investing in their facilities. Vejer now has a veterinary clinic, with its own team of vets on the showground and there are constantly vettings under way. For that reason, I was quite interested to read Rowland Fernyhough’s column on vettings.

Out here, most buyers are knowledgeable and aren’t expecting to eliminate all risk. Pre-purchase exams have certainly become more thorough and I think there is an increased onus on vets’ opinions these days – a vet can indirectly overrule a deal. However, the system is not all bad. A good vet should evaluate the point a horse is at in its career and what will be expected in its new home.

There’s an expanding client base behind these horse sales. New people are coming in, motivated by investment opportunities as well as the love of horses and the attraction of the lifestyle.

You only have to look at the show calendar to see how global showjumping has become. I was mindblown when I added up that there were 18 international events last week, four of which were at five-star level.

Growing up, there were probably one or two bigger international shows a week, so you can see how much opportunity there is in the sport, even though it has its challenges.

Now I am a little older, my attention has shifted more to the business side and my sister Ellie and I need to make it our focus to be financially viable. Going on tours has become hugely expensive, but you need to look at it as adding value to horses and take it on the chin – hopefully you win some money out here or sell some horses to help make it pay.

Polly Gredley has given me the ride on her exciting stallion Kingsborough Kasper, who has jumped CSIO3* Nations Cups with Louise Lovegrove. There’s such a range of classes here you can be competitive while also stepping horses up and giving the less experienced ones a bit more mileage.

A juggling act

The first time I ever came to Vejer was when I was 12 or 13. My parents had horses in action here and luckily enough, I went on to compete here while still in school. In hindsight, I don’t know how we did it. We would go to school from Monday to Wednesday, then jump in Spain till Sunday. We would continue in that same routine for eight weeks.

It was a great opportunity to experience riding such a variety of different horses at such a young age and it’s great to see other young riders having a similar experience now.

● How easy is it to make a living out of showjumping these days? Let us know at hhletters@futurenet.com, including your name, nearest town and country, for the chance for your letter to appear in a forthcoming issue of the magazine

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Rowland Fernyhough: ‘Selling a horse may soon become impossible’

Rowland Fernyhough — Thu, 20 Feb 2025 10:28:23 +0000

Former international showjumper Rowland Fernyhough, who represented Britain on Nations Cups and at the Olympics, is now well known as a producer and now buys and sells competition horses. He shares his thoughts on pre-purchase vettings.

The process of modern vettings is becoming so unreasonable that we will soon reach the point where it is near-impossible to sell a horse. The odds have become so heavily stacked against the vendor that I think we should be charging purchasers a £250 fee to present a horse for a vetting, to cover the use of staff time.

Once, this would have been built into the selling price, but the chances of a horse failing the vet have become very high, when they used to be very low. There’s also no consistency. One vet fails a horse and then another passes it the next day or the next week.

Some of the horses I sold in the 1970s, 80s and 90s would probably fail a modern vetting, but in all these years I have never faced litigation from a purchaser or had any backlash over a horse sale.

The problem we now face is that, for anyone wishing to insure a horse, there are four parties who need satisfying by the pre-purchase vetting: the vendor, the purchaser, the vet and finally the insurance company – yet it’s the insurance companies who seem to set the criteria.

The full picture?

It has become the norm for up to 60 X-rays to be taken – and it can be the same X-rays whether it’s a £1m horse or one worth £10,000 – which takes up several hours of a working day.

Many years ago, we had a well-respected vet come to my yard to vet a horse and he had a student with him. I overheard him say to the student that it’s as important to vet the person selling the horse as the horse itself. That vetting only took 45 minutes.

If I’m not able to tell if a horse I am selling is clinically sound, I shouldn’t be doing this job, but common sense has gone out of the game.

Hours of X-rays aren’t just a problem for sellers, they are expensive for purchasers. We regularly see buyers who have spent £10,000 on three or four consecutive failed examinations.

X-rays were once used only if the vet was suspicious of something on the clinical exam. Now, no matter how sound a horse is clinically, it’s the scans and X-rays that hold sway.

Recognising risk

There are no guarantees with horses; a friend of mine spent £2,000 on a vetting and within a few months the horse was a total write-off.

All a vet can say is whether they believe a horse “might” have a problem in the future, and two vets can give differing opinions of the same thing, whether that be clinical or an X-ray. Some will consider it low risk, while some say high risk.

But as soon as the word “might” is involved, alarm bells ring with the insurance company and the purchaser gets nervous.

Vets seem to be terrified of being sued, and are trying to eliminate the risk, while the purchaser won’t buy the horse unless it’s able to be covered comprehensively by the insurance.

The only winners here, it appears to me, are the insurance companies.

I was educated by dealers in Ireland and they would say that when people buy a horse, they must realise that they are writing that money off. It’s like going on a holiday – you don’t take your holiday and then want the money back.

We’re living in a blame culture – which has been influenced by the American market – and it’s a difficult climate for vendors.

What’s changed is that it’s no longer accepted that buying horses has always come with an element of risk.

● Tell us about your experiences of the vetting process by writing to us at hhletters@futurenet.com, including your name, nearest town and country, for the chance for your letter to appear in a forthcoming issue of the magazine

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Choosing the right photos and videos to sell your horse

Gemma Redrup — Wed, 05 Feb 2025 16:30:00 +0000

So you have decided to sell your horse. You have prepared your horse for sale and written your horse for sale advert. Now you need to consider choosing the right photos and videos to sell your horse.

Horses for sale adverts with photos and video increase the likelihood of a quick sale, because potential buyers will have decided this is the type of horse they are interested in buying before making that all important call to find out more and organise a viewing.

However, any old picture/video clip of your horse won’t do the job. You need to consider what impression you want the buyer to get and then choose an appropriate picture, which is clear and sharp, and a video which shows the horse in action at its best.

Choosing photos to sell your horse

Photos should be in focus and relevant to the job for which the horse is being sold. If your horse is being advertised as a showjumper, for example, then pictures should show the horse’s technique over a fence of an appropriate height, while a photo of a dressage horse should show its impressive paces. Equally, a child’s first pony should be pictured being ridden by a small child – not a teenager or adult.

A side-on shot of the horse without a saddle will show the horse’s conformation, which is important for a youngster or show horse, but make sure the background is not too dark or busy. While a pretty head shot may be eye-catching, it can suggest that the rest of the horse is being hidden for a reason, which may put off a potential buyer. Only include a head shot as an added extra if your advert includes multiple pictures, rather than as the main picture.

Fine weather always helps a picture look good, but make sure the sun is behind the photographer when taking photos, to avoid shadows appearing across the horse. Don’t be too ambitious with the type of picture you take. A clean, sharp, still image is better than a blurred, moving one.

If you are selling a competition horse and have a professional photo of the horse at a competition, that could be a good choice. However, you will need to ask for permission to use the photo in your advert, even if you have purchased a copy of the picture previously. The photographer may levy a small extra charge for allowing you to use the photo in an advert and/or ask for a credit (eg: photo by Mr Smith) to be included in the advert. Most photographers can recognise their pictures so if you don’t ask their permission you risk getting a unhappy call or email with an invoice for unpaid usage from the photographer when they see your advert.

Choosing a video to sell your horse

Since videos have become so quick and easy to shoot and upload to the internet, they have become a valuable asset when selling a horse. A buyer can get a much better impression of a horse’s way of going from a video than a couple of still images.

The same basic rules apply to video as to photos. Only include a video if it shows your horse off in a positive light. Videos should show the horse demonstrating the skills mentioned in the advert and at the appropriate level. Videos can either be from competition or schooling at home. You don’t need to be fancy with clever intros, set it to background music or include slow-mo sections. An unedited video that shows the horse off to their best is fine.

If the horse is a jumper, show the horse jumping fences of an appropriate height for the level it is competing in a good manner. Don’t include a video which shows a horse stopping, jumping hesitantly or having poles down. If the horse is a dressage or show horse, record a video of the horse showing its good paces, transitions and appropriate movements for its class or stage of training. If your horse is brilliant in heavy traffic, include a video of him being ridden down the road, or for a first pony, show the pony being handled/tacked-up/ridden by a child.

Supplying your photos/video

How to improve the value of your horse – and help him find the right home

Martha Terry — Wed, 22 Jan 2025 08:30:02 +0000

While many of us horse owners will do everything we can to adjust our own expenses in order to be able to cover our horse’s costs, with the cost of living crisis continuing to bite, some of us may face the unpleasant realisation that we need to sell a horse to be able to pay our bills. If this applies to you, knowing how to improve your horse’s value should help expedite not only a fast sale, but ensure it is a lucrative one too. Quite simply, the same horse being marketed after two months or more off work in the field is likely to sell for less than when he is fit, up and running.

Bear in mind that you may need to make some investment – in time and/or money – to reap these rewards. So you have to weigh up whether it is better financially to try to sell a horse cheaply without that work and investment, or to take the appropriate amount of time and effort to achieve a bigger price-tag further down the line.

10 ways to improve a horse’s value

A marketable horse should be:

An appealing purchase

You cannot make a silk purse out of a sow’s ear, but a well-trained, polite horse will typically find a buyer more quickly than an unruly one. So while you might not literally add value, you’re more likely to sell for the asking price as this type of horse readily finds a new home.

A safe conveyance

A trustworthy ride can be priceless – even if the market rate for a certain horse’s physical ability and CV might not be sky-high. Make sure your horse is well-schooled on the road, in traffic, with tractors and farm machinery. Can he go round a farm and not spook at sheep, cows and pigs? Have you exposed him and desensitised him to distractions and hazards? Police horses spend many hours getting used to noises and hazards – work at it until you can faithfully sell him as a safe hack.

Well-schooled

If you do not have the skills to improve your horse’s way of going yourself, consider it a wise investment to seek a professional’s help. This should improve the value of your horse exponentially. It may also mean he can tot up a few competition results, as well as be more exposed to buyers thanks to being in a professional yard. Some buyers would rather put their trust in a reputable professional than a one-horse owner who has no history or references to check.

An all-rounder

A horse that can do a bit of everything has options when it comes to prospective buyers. A horse that shows a good attitude to work, hacks out, loads, is good to shoe, and can pop a pole, will be a nice all-rounder. The buyer can then choose to specialise in their chosen area.

Competition results

This is where you can make the biggest increase in value. Of course, this comes with its own investment – competing isn’t cheap, but if you can rack up some decent results on his record (and even some prize money to boot), you can quickly escalate the asking price. Major on what the horse is naturally gifted at, and get out competing. If you are not confident to compete, and the horse is capable, consider sending him to a professional to fulfil his ability.

In good health

You can’t always make a lame horse sound, but it’s worth knowing where you stand before starting the selling process. Asking the vet to give your horse a check-over is another expense, but one that may pay dividends in the long run. As most horses will be vetted prior to purchase to comply with insurance requirements, it’s worth knowing what the potential challenges are and whether you can do anything to improve any issues. There may be minor dermatological issues that can be easily fixed, for instance. It also means you can put on the ad, “clean X-rays” if appropriate, or manage your price expectations. Furthermore, if the horse has an old scar which is of no consequence for a competitive career, for example, it’s reassuring to have the vet’s assessment to share with the buyer.

Good to shoe, box, clip and catch

These have nothing to do with the horse’s physical ability, but they are still plus points when it comes to sale. Or to flip it, if he’s bad at any of these basic requirements, you may well have to sell him for cheaper than his value. Seek professional help if needed, and work at all these skills patiently until they are second nature.

Registered with a society

Horses that are registered with the appropriate society or association in which you are marketing the horse – for example, British Eventing or British Dressage – tend to have a higher price-tag than those which are not registered at all. It looks more professional, with the intention of the horse going places. Again, a little bit of competitive experience appropriate to the horse’s age and stage is always a bonus.

Fit and ready to go

Many buyers want a horse that is fit and ready to work, even if they want to put their own stamp on them. It is easier for the buyer to judge the horse’s ability if it is in work and produced to sell. On the other hand, buyers looking for a bargain are more likely to try to spot one in the rough, so make sure yours is not!

Market your horse well with great photos and videos

This shouldn’t increase the price-tag, but it will make him easier to sell. A professional-looking video is appealing to buyers and will make a decent price look appropriate. Make sure your photos match your advertisement, so if you say he’s jumping 1.20m at home, don’t video him over a tiny cross-pole. Show him off at his best.

Of course, horses are only ever worth what a buyer is willing to pay, and market rates fluctuate. However, the more boxes you tick, the more options your horse has for potential buyers – and the more likely you are to get a decent price.

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Is it time to sell? How to know when to part ways with your horse

Alex Robinson — Wed, 08 Jan 2025 16:30:42 +0000

When it comes to selling your horse, do you listen to your head or your heart? Alex Robinson asks industry experts how riders can make this tricky decision

Selling can be one of the most challenging and emotionally charged parts of owning a horse. Not everyone can – or wants to – keep an animal until the end of his days and a sale is usually inevitable at some stage of a partnership, especially if you’re a competitive rider. While obvious physical limitations, such as the size of the horse, might force the hand, there can be other, more complex situations which suggest it may be time to seek out a new home. But when should you sell a horse?

Vere Phillipps (pictured) has bought, sold and produced competition horses for over 40 years. Alongside winners of grand prix showjumping finals and Olympic, world and European eventing championships, he has also found several stars of the hunting field and National Hunt scene. And he’s witnessed his fair share of owners in limbo along the way.

From a competitive standpoint, there are several reasons a rider might decide to part with a horse.

“I divide possible sale situations into three categories,” says Vere, who found Ros Canter’s 2018 world eventing champion Allstar B, to name just one. “There are those who buy a young horse, school him, sell him for a profit and leave a leg on for the next owner to get a bigger price [leave some room for improvement rather than selling a horse at its peak price].

“There are then riders who keep the horse right through the levels and despite being offered big money never sell and reap the glory instead. The third is the rider who keeps the young horse, wins a bit and then sells him while he’s still got a big future ahead. These are usually the most profitable people. The value comes from a well-produced, capable animal that a professional can see has a big future as a global championship prospect.

“A lot of enjoyment can still be had from watching a horse you’ve produced move on with someone else. If you think your horse could possibly be very good in a certain sphere and you feel he’s not going to reach it with you, it’s best to sell while he’s on the way up, ideally before he reaches his nine-year-old year as he’s still got time to reach his potential.”

Many professionals buy youngsters to produce and sell on for a higher price, although Vere Phillipps finds his biggest market is for five- and six-year-olds (Image credit: creditUnknown)

But not every competitive rider seeks the same type of campaigner.

“My biggest market is for young horses – five-, rising six-year-olds – though I always maintain that if a horse is sound when he’s nine he’s likely still to be sound when he’s 19,” adds Vere.

“Some riders would be better choosing a slightly older horse who’s just coming into his own; he’s safe and established yet still has lots to give. An amateur might buy a youngster, send him away to be backed and, like a child, he goes through an adolescent period; he gets stronger and may need a more experienced jockey to put him back in his box a bit. If you don’t have the time, ability and facilities, this would be a good time to sell.

“On the other hand, if you’re still getting a lot of pleasure from your horse, don’t feel pressured to sell just so he can go on. It’s different if he’s getting too keen and you can’t ride him, but if he’s happy and you’re enjoying your time it’s certainly not a waste of an animal.”

Making the call

Joanne Shaw runs her own sales livery business in Cheshire and is one of the go-tos for a lot of showing and all-round riders looking to move their horses on.

“Usually, I take horses from owners who are too busy with work commitments or are just too attached to the horse to deal with the sale themselves,” explains Joanne. “A livery service can take that pressure off.”

Joanne Shaw runs a sales livery business, taking the time and emotion of selling horses out of the owners’ hands (Image credit: creditUnknown)

While time and emotions are the two main catalysts, Joanne also says that some owners decide on a sale when a horse is too much for them and perhaps above their level of riding.

“These situations can be quite sad,” she continues. “Someone might have bought a horse with rose-tinted glasses on and when getting it home they realise it’s out of their capabilities. The partnership doesn’t work out and they feel it can do better with someone else more suited.”

Building a rapport

Trainer, young horse producer and working hunter specialist Katie Marshall often finds that, naturally, at some point in their riding journey a rider can find their ambitions and goals no longer match the capabilities of their horse.

“The partnership can be improved so far but if a horse has limited ability, soundness or is older, and the rider wants to do more – be it jumping or dressage – it might be time to move on,” she explains. “With children, where classes are frequently categorised by age, it’s fairly straightforward, however with adults it’s a case of planning ahead.

“In my experience you build a good rapport with clients and get to know their situations in terms of their capabilities as riders and how they manage their horses. Together, you can talk through scenarios and analyse what traits in a horse are most important for you, a tick list if you like.

“For instance, you may be a competent rider but if you work full-time, have limited facilities and minimal help, buying a young 16.2hh warmblood that needs riding every day may not be the best choice, for you or the horse.

“Another common situation is a less experienced rider with big dreams innocently buys a top competition horse. In this case you need to be prepared to invest the same again on lessons and training; these animals tend to be finely tuned and just because it’s done the job with another rider doesn’t mean it will do the same with you straight away. You’ve got to build a partnership.

“Having someone who can be pragmatic when it comes to deciding whether or not to sell is essential. If I don’t feel a horse or pony is doing a rider any favours I’ll be honest and encourage them to find something more suitable. After all, it’s meant to be fun and enjoyable; no one wants to be on the deck constantly! There will be a horse out there for them and also a more suitable home for their current horse.”

Katie teaches a lot of children at all levels.

“A typical scenario I find is a child has a characterful, cheeky pony which tests their riding,” she says. “As long as the pony is not dangerous or malicious in any way, I would encourage the jockey to ride through the challenges. In time they may improve the pony or at the very least learn to stick to and see the funny side; it will make them a better rider in the long run.”

Understandably, owners often put a sale off for as long as possible.

“It’s possibly the fear of the unknown,” continues Katie. “Buying and selling gets bad press and it can be hard to know who to trust. As a child my parents bought locally, often via word of mouth, so this is something I advocate.

“I defend lots of sellers. People come to me thinking they’ve been fleeced but in reality the horse is just too much for them. It’s not a bad horse, it’s just not a good match.”

Three expert tips for selling success

Quality pictures – some common mistakes include standing a horse up to enhance the faults and not the qualities. When buying, try to look through bad pictures; if a horse is covered in mud and has been poorly stood up, ask for a different picture.
Videos – provide footage to extract the genuine viewers. Take videos showing conformation, schooling, jumping and stable manners. This way you’ve shown every angle before any prospective buyer gets to the yard.
Be honest and transparent – there is a horse out there for everybody and just because one has a problem or fault doesn’t mean it won’t be perfect for someone. It will put some people off but it means you’re not wasting anyone’s time (including your own) and those who are seriously interested can pursue it.

“The best decision I could have made”

Sasha Good riding WESTERN KING in the BE90 section of The Mitsubishi Motors Cup during The Mitsubishi Motors Badminton Horse Trials at Badminton in Gloucestershire, UK on 4th May 2016 (Image credit: Peter Nixon)

Showing rider Rhi Randall sold her Connemara Western King to the Good family when he proved too much of a character for the show ring. The 14.2hh gelding was originally purchased as a just-backed three-year-old from his breeder in Ireland.

“I brought him on slowly but quickly realised he was a really sensitive ride,” reflects Rhi. “At his first show I worked him for two hours and after several classes he still hadn’t settled. I’m the first to admit I’m not the bravest over fences and the small jumps weren’t enough for him.”

After a three-year partnership, Rhi decided to advertise King.

“Former event rider Kirsten Good rang me to enquire about him for her 14-year-old daughter, Sasha,” continues Rhi. “As soon as Sasha jumped him she felt he had something special and they bought him.

“At the time they were based at Tweseldown and with correct training and a change in direction, he’s gone from strength to strength.”

King and Sasha stormed through the ranks, competing in the Badminton grassroots final at BE90 and BE100 in 2016 (pictured) and 2017 respectively.

“He’s also done steeplechase and has quite a good BS [British Showjumping] record,” says Rhi. “When Sasha was out of class her younger sister, Jenna, took the ride and they won the pony discovery finals at Stoneleigh.

“I’ve watched his career with the Goods and rather than struggle on with him myself, I’m glad I went with my head and not my heart. All I wanted to do was show, hack and do the odd clinic, but King needed his mind occupied with something bigger. It was the best decision I could have made.”

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How to write a horse for sale advert that will sell your horse to the right home

Carol Phillips — Fri, 13 Sep 2024 15:30:00 +0000

So you have decided to sell your horse and your horse is ready for buyers to view. Before you book your advert, you need to know how to write a horse for sale advert that will bring the right potential buyers flocking to see your horse.

Simplicity is the key to writing a classified advertisement to sell a horse, but don’t be tempted to leave out any essential information. By putting more information into the advert, you are more likely to sell the horse at the first attempt.

Apart from giving your horse’s vital statistics, (see list below) the advert should draw attention to anything that makes your horse sound special. A horse’s breeding can attract interest from buyers, so it’s worth mentioning a famous or successful sire or dam sire.

Photographs and video are key to helping a prospective buyer decide if your horse may be suitable and can cut down on time-wasters, but it is important that they show the horse at its best. NB: Professional photographs can only be used in adverts with the photographer’s permission due to copyright, even if you’ve purchased the picture for your personal use.

Most buyers have a budget and many are put off if a price is not given or if “substantial price required” or POA (price on application) are used. There is no point in people responding to your advert if they do not have the funds to match your asking price. Not giving a price will also exclude your advert from online searches for horses within a specific price range.

Adverts on facebook will sometime reference carrots when describing a horse’s price to try to avoid the platform’s rules prohibiting selling animals eg: 8 followed by three carrots will normally mean £8,000. Sellers will also say things like “low five figures” but that could mean anything between £10,000 and £25,000, so it’s not that helpful.

To decide on a price, check out other similar horses being advertised in your area on the internet. Bear in mind that these are asking prices and most buyers will try to haggle. Pricing horses too high is the most common reason for horses remaining unsold, so if you need a quick sale, don’t be greedy! If you are including tack and rugs in the sale, do mention that in the advert.

Remember to include the area of the country that you are based and provide a phone number, as well as an email address, although if used online you may end up receiving scam emails.

Once you have written the advert, ask yourself: “would I go and see this horse?” If the answer is no, you may want to rethink the advert, although honesty is always the best policy to avoid issue further down the line.

When booking the advert online, check it carefully for spelling mistakes. If you are requesting an advert over the phone, ask the person to read the advert back to you to check they have got the spelling correct.

The vital statistics which you should include in any advert include:

Height
Breed
Sex
Age
Price
Telephone numbers
Area in which you live

You could also consider including the following information:

Colour and markings eg: stunningly marked skewbald
Temperament eg: not marish/excellent temperament
Scope/disciplines eg: competing discovery/Foxhunter
Level of fitness and training eg: working at elementary level
Competition results/winnings eg: Won £300 BS
Name of trainer/rider if famous eg: competed/trained by . . .
Breeding if by famous stallion eg: by Clover Hill out of TB mare
Trial facilities eg: Good trial facilities/seen at livery
Reason for sale eg: sadly outgrown
Veterinary status eg: recent vets certificate
Vices eg: no vices/cribs at feed times

Opinion is split on whether or not you should include phrases such as “not novice ride” and “needs experienced handler”. My own view is that being more specific about why a horse is not a novice ride will help everyone, for example: “green horse needs further schooling therefore is not suitable for a novice rider”. Being clear about the type of owner/rider the horse will thrive under may cut down the number of responses, but ultimately should result in less time being wasted with unsuitable viewings and help the horse find their ideal home.

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How to protect yourself when buying or selling horses: legal experts share helpful advice

Lucy Elder — Fri, 17 May 2024 11:53:25 +0000

Disclosure, contracts and “crystal-clear” lines – how buyers and sellers can best protect themselves in today’s industry was discussed by top equestrian legal professionals at a recent webinar.

Hannah Bradley, of the Equine Law Firm, and Jodie Seddon, of Aria Grace Equine Law, took attendees through some of the basic steps they can take to help navigate potential pitfalls that may arise in buying and selling horses.

The pair strongly recommended having a contract drawn up specifically for that particular sale, stressed the importance of disclosure in deals, and advised people to listen to their senses when ascertaining whether a horse and potential buyer may be a good fit.

“You wouldn’t be alone if you thought, ‘I don’t have a written contract, so I don’t have a contract’, but that is not actually correct,” said Ms Seddon. “When you have an offer, an acceptance, payment and delivery, that’s a contract.

“Effectively, the contract can be formed around the whole process around the dealing – unless you actually ensure that there is a sales contract.

“A well-drafted sales contract will exclude an awful lot of the surrounding noise to distil down to exactly what you’re buying, when and where. Well done, it should be a really simple, user-friendly document that you can use to ensure that you understand exactly what you’re selling, when and to whom.”

She added: “A contract can never ever, ever replace a good working relationship with people, but it does enhance it.”

Both lawyers recommended people be careful around wording of adverts (“keep it factual”), that they retain as much evidence as they can, that the basics such as payment amounts and schedules are “crystal clear”, that both sides ensure that they have contact details, and that any issues are ideally disclosed in writing.

“You absolutely cannot contract your way out of the Consumer Rights Act [in situations where that applies],” added Ms Seddon. “There is not a thing we can do to get you out of what the statutory responsibility within that is.

“It is not fit for purpose in terms of equestrians, as it is designed for selling things such as washing machines, but it is the world we live in, it is the landscape we have and we can’t change it. That said, the best protection is always disclosure within a sales contract.”

If problems do arise, both urged parties to be professional in their responses, seek professional legal advice sooner rather than later, and never ignore court deadlines or requests. H&H has covered the role of agents in deals (news, 29 December 2022) – and again, the pair stressed that clarity and disclosure in this area are vital.

Ms Bradley shared her “top three tips” as disclosing details such as horses’ quirks, biases, habits and veterinary and management issues in writing – but do not put these on a receipt, as this may be considered as being “post-contractual”, meaning it might not be able to be relied upon as information given at the time of the sale.

“If you think that the buyer is not the right match, they probably aren’t,” she said. “It’s certainly better to lose a sale than end up in litigation about it. Finally, as a litigation lawyer, it’s always easier to defend you if you use a well-drafted contract.”

She added: “It’s important to be aware that if in any circumstances it’s not proportionate or not possible to get a proper contract drafted, any disclosures you can make in writing or important points that you can get in writing are going to help you.”

The webinar was the first in a series, with further subjects planned for near future.

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(Image credit: Horse & Hound Stock Archive)

How to avoid legal pitfalls when buying and selling horses

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Honesty is the best policy – but not everyone agrees: 8 life lessons you learn when you sell a horse

Pippa Roome — Wed, 18 Oct 2023 15:32:04 +0000

Selling a horse is rarely easy – we all want to find the right home, particularly if the equine in question has been a much-loved family member, and attracting that buyer who will suit your horse down to the ground can be tricky.

And of course there are certain inescapable truths about selling horses, from the perennial late-arriving buyer to the 100% sound horse who suddenly goes inexplicably lame.

Here are eight of our favourite life lessons learnt from selling horses…

1. Honesty is always the best policy

If you aren’t entirely truthful about your horse, you may well be caught out, whether it’s at the vetting, through gossip passed on via a mutual friend or by the buyer checking your social media or the horse’s online record. The consequences are potentially very serious, so keep to the truth when describing the wares on offer.

2. But not everyone will be honest with you

Yes, it’s a good policy to stick to, but the reality is that not everyone will give you the same courtesy. Stories abound of potential buyers who have exaggerated their experience or knowledge and, unsurprisingly, find the horse is unsuitable for them. Which leads onto the next point…

3. You have to be polite, even when sorely tested

The customer is always right, and that means selling a horse is a good time to learn how to plaster a grin on your face and fake a polite tone in your voice, even if the viewer cancels after you’ve spent two hours polishing the pony, doesn’t turn up at all, arrives an hour late or, as it turns out, has ridden precisely twice (on the lead-rein) despite claiming to be a five-star eventing aficionado.

4. It’s wise to be ready early

You don’t want the buyer to turn up while you’re still scrubbing the mud off your beautiful grey or, worse still, trailing round the field trying to catch the little blighter (yes, you’ll have to be honest when asked if he’s good to catch, but somehow seeing it is worse). In horse selling, as in life in general, it pays to be ready in advance of the scheduled time.

5. Sod’s Law

Your horse has never taken a lame step in five years with you, but you can be sure he’ll have a little limp on the day the perfect-sounding buyer is arriving or when he’s due to be vetted to head off to what looks like the dream home…

6. Sometimes a sad decision is the right decision

Selling an equine friend is never easy, but if he’s not the mount for you – either because you just didn’t gel or because your abilities and expectations have changed after several wonderful years or, in the case of children’s ponies, because you’ve shot up six inches in a year – parting ways is the right thing to do. Your horse will be happier with a new owner and a new partner will be right for you. But of course there will still be tears.

7. Trust your instincts

You’ll probably know when the right buyer turns up and hopefully they will too. If something doesn’t feel quite right, probe around the situation a bit more – it’s perfectly legit to ask questions about where the horse might be going and what he’ll be doing. A genuine buyer will want the horse’s previous owner to care about him – it shows he’s worth caring about!

8. Some things matter more than money

Whether you can afford to take less than you wanted for the horse will depend on your individual circumstances, plus you have to weigh up whether he was over-priced to start with or whether someone will pay the asking price if you hold out. But remember that sometimes the right home is more important than the cash.

How to prepare your horse for a quick and hassle-free sale

Carol Phillips — Wed, 02 Aug 2023 15:32:12 +0000

So you have decided to sell your horse. But before you start to advertise, there are steps you can take to help your horse for sale appear attractive to the right potential buyers and help the selling process become as quick and stress-free as possible for all involved.

1. Get your horse used to different riders/handlers. A horse who has only ever been ridden or handled by one or two people is extremely unlikely to go well at first for a stranger, and when you are selling, first impressions count.

2. Ensure the horse is happy and obedient to trot up in hand and lunge, even if you are selling him as a riding horse. Some buyers will ask to see the horse on the lunge to assess its paces and it will not give a good impression if the horse misbehaves due to a lack of practice.

3. Make sure the horse loads happily into a horsebox and trailer. A buyer may ask to see the horse load during the viewing. Also you can guarantee if you have only ever transported the horse in a trailer, the buyer will turn up in a lorry to collect it, or vice versa.

4. Check the horse’s reactions to traffic, clipping, loading and shoeing before writing your advert. You don’t want to have the embarrassment of explaining that while you thought he was good to clip, he has suddenly developed an aversion to it.

5. Make sure the horse will stand still to be mounted and is well mannered to tack up and handle in general. A fidgety or pushy horse could easily put off a potential buyer.

6. If you are selling a youngster, check that the horse will lead quietly in hand for a variety of people and is happy to have its legs stroked and feet handled.

7. First impressions really do count so take some time to get your horse looking at its best before people come to view. The horse should have been recently shod or trimmed and its mane and tail trimmed according to its breed and use. If the horse is either under or overweight then you should take some time to improve its condition and ensure it is suitably fit for the purpose you are selling it for before you advertise.

8. Write an advert that will stand out from the crowd, choose the right pictures, and book your horses for sale advert on websites where serious buyers are going to look first.

9. If you have limited facilities at your yard, organise somewhere with better facilities, such as an arena or cross-country course, where you can take the horse to show it to prospective buyers. If you are going to have to take your horse away from home, make time to take the horse there before so that he is confident in those surroundings and can perform at his best.

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Selling a horse? How to work out the right price to attract your ideal buyers

Polly Bryan — Sat, 03 Jun 2023 17:32:34 +0000

If you’re selling a horse you have bred or produced, you may be scratching your head about how to price that horse appropriately. Too high, and you run the risk of not being able to easily attract a buyer – and most likely spending more than planned on the horse’s keep while you try to sell – but too low and you could end up losing money.

So what gives? There’s no easy answer to the question of what a horse should cost, but there are some important considerations that will help you price your horse appropriately.

Factor in your costs to date

It’s crucial to bear in mind the costs that you have already put into getting the horse to where it is now, especially if you have bred or produced it.

“A lot of people don’t do it to make money, but most can’t afford to lose money,” points out Anna Ross, who runs Elite Dressage, a sales, breeding and training centre in Devon.

If this is you, it can help to tally up the main expenses you’ve incurred. If you’ve bred the horse, there will have been the cost of semen and stud fees, plus things like veterinary packages, stud livery charges, foaling down fees, vaccinations and registration costs, X-rays at a certain age, and the day-to-day keep of the horse up to this point.

“It costs at least £10,000 to breed a foal,” says Nicky Callam, a “hobby breeder” who breeds two to three foals a year at her High Hoes stud in Hampshire.

“I don’t make any money out of breeding horses – I love it, but making a bonfire out of banknotes would be a cheaper hobby. People don’t realise the costs in production. The reality is that for most people buying young horses from breeders in this country, that breeder is subsidising their hobby.”

It may be that you can afford to sell without turning a profit, but it may also be important for you to recoup your costs, so it’s worth considering the minimum sales price you could afford without ending up out of pocket.

Consider training milestones

If you’re selling a horse that you have produced yourself, or had professionally produced on your behalf, the level of training they have reached should help determine how much they could sell for.

But bear in mind that horses’ value does not increase in a smooth upward trajectory as they get older. Reaching certain milestones in their development should elevate their worth considerably.

“Going from unbacked to backed leads to a spike in value because initially you couldn’t ride it and now you can,” Anna says.

“It’ll go up again as a four-year-old if it goes out to its first shows, but then generally between four-and-a-half and six years old, there’s not much increase in value because it’s based on the horse’s promise to go on and perform, rather than proof. Learning flying changes and half steps are the money makers in dressage, and you might see that at six or seven, if professionally produced.”

Don’t underestimate the importance of a competition record when it comes to pricing. Even the most exciting, talented prospect is a gamble for a buyer if it does not have a solid competition record. Getting a horse out and about is a great way to help advertise it as well.

Pin down your priorities

As well as considering the horse’s merits and your financial situation, it’s wise to spend some time mulling over your ideal timescale, and how quickly you want – or need – the horse to be sold.

If a speedy sale is more important than the price achieved for the horse, be prepared to drop your asking price to help sell in a timely fashion. If, however, you don’t need to sell the horse right now, and achieving the best price possible is your priority, you can afford to be more ambitious and wait for the right buyer if necessary.

This is also the point where you should consider the costs you will incur the longer your horse goes unsold. Work out the amount of time you can afford to continue to pay the horse’s running costs and factor this into your pricing.

Keep up with the market

Take a good look at the current horses for sale market to see what other comparable horses are currently advertised at. The value of a horse is ultimately whatever a buyer is prepared to pay for it, and this will be influenced by supply and demand. If there are plenty of other similar horses available to buy, it may be harder for yours to stand out, meaning that competitive pricing is important to attract buyers.

Conversely, when supply is limited and demand is high, buyers may be prepared to pay more, and you may be able to be more ambitious with price.

This also applies when selling on a previously purchased horse; the world of horses for sale is constantly changing, so take the time to research current market conditions, and use this to help you decide on a fair price for your horse.

Selling a horse but worried about the vetting? Here’s how to prepare your horse

Alex Robinson — Sat, 22 Apr 2023 15:32:17 +0000

Vetting a horse is a key part of selling a horse and most buyers will request a horse to undergo an examination by a vet, also known as a pre-purchase vetting, ahead of making a purchase.

A vetting, which is either two-stage or five-stage, is carried out by a vet to assess if a horse is physically suitable for the purpose the client intends to use it. Prior to the vetting, the vet will speak to the purchaser to find out what they know about the horse and what their intentions are for it.

It’s a challenging time for buyer, seller and vet alike – everyone wants the horse to be deemed suitable – and there are things you can do as a seller to give the horse the best chance of flying through the inspection process.

Pre-purchase vetting dos and don’ts for sellers

Don’t present a horse that has been out of work, unless all parties are aware that the horse is unfit or if the buyer is purchasing the animal from the field as a project or for breeding. If a horse is to be used for ridden purposes then it needs to have been in regular work so it has developed a suitable level of fitness for the pre-purchase vetting.

Do ensure the horse is not overly-fresh and exuberant and consequently won’t stand still or behave when being trotted up or lunged. An excessively fresh horse be difficult for the vet to assess and it could affect the end result of the assessment.

On the other hand, don’t over-work the horse the day before the vetting. Working the horse particularly hard, or for longer than it’s used to, could result in the horse having tight muscles and therefore not performing at its best the following day.

Don’t overdo the presentation of the horse. Vets don’t need to see the horse in show ring condition with hoof oil and plaits. However, your horse should be clean and tidy, and the feet should have been picked out. Don’t just drag the horse out of the field and present it to the vet.

Don’t have the horse shod within a week of the vetting. If they’re foot sore from the farrier, the vet will send them away and ask for them to be re-presented, wasting time and money.

Don’t do anything that might compromise the horse’s health. This includes giving the horse a sedation for the dentist or a vaccination that might put the horse off colour. Allow a week’s recovery period after any such procedure.

Do plan and be aware of what is involved in the vetting process. If a sale has been made, then it’s advisable to get the vet to view the horse as soon as possible after the deal has been done. It can be impossible to predict how long a vetting will take, too, so ensure you have made prior arrangements with work or family if necessary.

Do ensure your horse can be inspected without issues. This includes making sure the horse will stand to be examined for the vet, be lunged and walked and trotted up in a straight line. The vet will ask the horse to be walked and trotted on a hard, flat surface, usually a quiet road or path if there is limited space in the yard. This might be a new experience for the horse. With this in mind, practice trotting the horse in the place where the vet will undertake the assessment so they are familiar with their surroundings.

Do keep the horse in its usual routine as far as possible. Keep the horse as happy and relaxed as possible so it shows itself off better. If your horse is used to going out during the day, you could turn him out for a length of time before the vetting. Inform other yard users of your plans, too, so horses aren’t constantly being walked around the space the horse is being vetted in causing it to become stressed or anxious.

Do think ahead as much as you can. If you have an older horse that can pull out of the stable a little stiff, then do allow them to spend some time in the field or take them on a light hack to loosen up. But make sure this is done with plenty of time to spare so you have time to clean the horse and it has time to rest in the stable ahead of the inspection.

Do make sure you have the horse’s passport available at the vetting.

How to avoid legal pitfalls when buying and selling horses

Lucy Elder — Tue, 27 Dec 2022 19:21:08 +0000

BEST practice and how to protect yourself in the equine marketplace is back in the spotlight as a lawyer from a top firm shares her learnings from recent cases.

Alexandra Agnew from Mishcon de Reya, who has an equestrian background, strongly voiced the importance of transparency between buyers, sellers and agents.

Although Ms Agnew cannot comment specifically on cases, she has highlighted some general learnings – including some of the hidden pitfalls and steps people can take to avoid these.

The underlying theme was clarity; whether for a simple transaction or complex sales involving multiple horses, agents, sellers and other invested parties.

“Try to take a step back and ensure things are properly documented to the best and greatest extent possible. Be clear what the parameters of your personal responsibility are so as to limit your exposure to liability at each stage of a transaction,” Ms Agnew told H&H.

“The first and most obvious point is not misrepresenting what you are selling. Make sure the horse is fit for the purpose it is being sold for and be clear about whether it has any vices.”

In defining fit for purpose, taking a step back from a buyer’s hopes and seller’s (occasionally rose-tinted) view of the horse, to look objectively is vital.

“One of the issues that has arisen is around vettings. It’s important to ensure that the vet is appointed by the purchaser and is independent of both the agent and the seller,” added Ms Agnew. “This avoids the risk of an allegation of conspiracy if the horse later turns out to have a material defect, which may not have been picked up by the vet or was determined not to be a serious issue at the time of the vetting.”

She again stressed transparency around commission, and highlights that it is illegal when acting as an agent to secretly profit from the transaction, without telling the person you are acting for.

“Spell it out if you are going to charge an introduction fee or commission,” she said.

“It gets more complicated when there are multiple agents involved, so just try to be clear who is acting for who. Make sure that the person you are acting for knows what profit you gain from the transaction.”

Having your role and costs set out in writing is also a good idea, even if just on text or WhatsApp.

“Be really clear from the outset of who is responsible for taxes, import and export duties and things like the ancillary costs of the agent, such as travelling, as well as stabling and transport,” Ms Agnew said.

“Make sure those are agreed in advance and, where possible, included on invoices. With part-exchanges, make sure that you have clearly ascribed a value to each horse and that it is agreed by both parties.

“Another issue that has come up is uncertainty as to whether agents and sellers are operating through a company or in their personal capacity. This has potential tax implications and there is a risk, when acting in your personal capacity that if it all goes wrong and someone brings a claim against you, that any financial award could be enforced against your assets. I’m not sure people really realise that this could include their lorry, yard, or house.

“As many professionals have businesses, they often assume that they are operating through their business, but you need to be really careful that if you are, you explicitly state that and invoice through your company so that it’s very clear from the outset that’s how you are operating.”

Ms Agnew added that ensuring you understand who has authority to act is also important. You want to ensure that you are negotiating a sale with someone who has authority to negotiate on the buyer’s behalf or you risk a transaction falling through in the final stages.

The Equine Law Firm’s Hannah Bradley, a solicitor who specialises in equine and bloodstock disputes, explained the differences in the eye of the law between selling horses as a private individual, or as a professional trader (“dealer”).

“The law defines a dealer (trader) as somebody who is selling horses with a view to making a profit. So it doesn’t necessarily have to be your full-time or only profession, but if you’re selling horses with a view to making a profit, then you will likely deemed to be a trader,” she told H&H.

“If you’re a trader and you’re selling horses, the law imposes heavy restrictions on you because of the Consumer Rights Act. If you’re a trader selling to a private individual, the Consumer Rights Act applies. That means every horse or pony you sell has to be fit for purpose, satisfactory quality and as described.”

She added that the nature of horses as living beings means defining “satisfactory quality” can be tricky. So her “number one” recommendation would be to have a contractual document of some description.

“Although a contract can’t extinguish a trader’s obligations under the Consumer Rights Act, it can provide a few added layers of protection for professionals who are trying to sell genuine horses,” she said.

“The second recommendation I would give to any seller, whether professional or private, is to disclose things like behavioural quirks or veterinary history in writing, in a permanent form that you can refer back to. Whether that’s in an email, a text message or in a contract, that’s really helpful.”

She added that getting to know the buyer as far as possible, including their limitations and abilities, is helpful, too, in terms of getting a “good feel” for whether a horse is likely to be “the right fit”.

“It’s better to lose a sale than to have litigation ensue,” she said.

For agents, disclosing commission is top of the list.

“If you are acting either as a sourcing agent or selling agent, you must disclose if you’re taking a commission” she said.

“Again, better to do so in writing so that there can be no discrepancy and you’ve been clear about your position in the transaction.”

Ms Bradley echoed Ms Agnew’s point about being clear on your authority as an agent, and whether you are authorised to make certain statements or to bind the seller into a transaction or not. She also reiterated the importance of spelling out what exactly is included in that commission and when the commission is payable.

“It’s ideal to have contractual documents in place, but if that’s not feasible, any form of permanent correspondence, communication or documentation you can refer to, is helpful,” she said.

Post-Brexit VAT change could leave dealers out of pocket

Lucy Elder — Wed, 29 Jun 2022 17:33:56 +0000

Buyers and sellers could be counting the cost after Brexit-related changes may result in traders paying more VAT.

British-based business advisers and chartered accountants Hazlewoods has warned that effectively the VAT second-hand margin scheme has been withdrawn for UK businesses, with the exception of Northern Ireland, buying horses from the EU.

This means dealers who previously used the second-hand margin scheme and who source horses from EU nations could face higher VAT rates.

Lucie Hammond, partner in Hazlewoods’ farms and estates team, who leads the firm’s equine specialism, said the company has “many clients operating similar businesses” who are facing this “dilemma”.

“The options are to either put up prices, or to absorb, at least in part, the extra VAT cost. Those who continue as before run the risk of an HMRC investigation, which could result in a VAT bill, interest, and potential penalties,” she said.

“We are not aware that any specific announcement was made to publicise these changes, and HMRC’s margin scheme guidance for buying and selling horses is silent on EU imports. Therefore, many international horse dealers in Britain will not be aware of the change in their VAT position and may have miscalculated their VAT liability since 1 January 2021.”

The second-hand scheme provides VAT relief to businesses buying second-hand goods, including horses, from non-registered members of the public. In broad terms, it works by entitling users to pay VAT on just their profit margin, rather than the full sale value of an animal. This still applies in other circumstances, such as non-international business.

But since Brexit, all second-hand goods from the EU have become imports on which VAT is levied on arrival in the UK, and UK dealers of horses sourced from EU nations have lost their right to charge their buyers the lower sums of VAT.

Tim Warren, owner of Warren Eventing, has been importing horses from Europe for more than 30 years and is now questioning whether it is “even possible to continue”.

“As an example, if a UK dealer bought a horse in Europe pre-Brexit for £15,000 and then sold it in the UK for £20,000, there would be VAT to account for on the margin equalling £833, leaving the dealer with a profit of £4,167 before other costs,” he said.

“Post-Brexit, dealers have to account for VAT on the full sale price of £20,000, increasing the VAT to £3,333.33, Leaving the dealer with a profit of only £1,667 before other costs. After adding transport and insurance costs, along with the import and export agents’ fees, and other necessary expenses, there is little left to make it worthwhile.”

He added: “For decades, I have done this work for the satisfaction of selecting young horses which go on to become top competition horses. Facing thousands of pounds in extra VAT, I will have to question whether it is even possible to continue. Government should consider the situation and take action.”

Hazlewoods advise those affected to make sure they are correctly accounting for VAT on the full sales price of horses imported since 1 January 2021, and to consider lobbying their MP for a change to post-Brexit legislation to allow continued use of the scheme on equines imported to the UK. It also suggests those affected consider making a protective claim to HMRC in respect of the difference between the VAT payable on the full selling price, and the VAT payable under the margin scheme.

Horse sales market soaring despite pandemic H&H Plus

Rachael Turner — Fri, 18 Dec 2020 16:13:18 +0000

Many people have reported increased interest from buyers, and a rise in horse sale prices this year. H&H spoke to insurers, sellers and organisations to find out their view

HORSE sales appear to have increased this year, with buyers willing to pay competitive prices despite the pandemic.

NFU Mutual received a rising number of equine insurance-related calls between January and August, and an increasing number of requests for quotes.

The number of higher-value horses on their books also increased, with more in the £5,000-£7,500 and £7,500-£10,000 value ranges, as well as an influx of horses worth over £15,000.

“These trends suggest an increase in both the number and value of horses being purchased,” NFU Mutual equine insurance specialist Aleks Corr told H&H.

“Customers having more time to spend with their horses during the lockdown period, and social restrictions leading more people to take up riding as a leisure activity, are both potential [causes].”

More looking

PETPLAN EQUINE’s data suggests the number of people searching for horses rose by 14% from May to August, compared to the same period last year.

From April to June, they saw a 142% increase in the number of customers insuring new horses and said the reopening of facilities appeared to be a catalyst for this.

Prices increased significantly at the Lerwick Shetland Pony Sale (2 October) and there were more than double the number of online bidders compared to 2019.

“The average price was greatly up on last year, at 624gns across the whole sale [375gns in 2019],” said a spokesman for the Pony Breeders of Shetland Association.

“Online bidding was invaluable with 33 of the 41 ponies sold, selling through the facility. All 41 ponies forward were sold, with many travelling far and wide.”

Martin Donohoe of Goresbridge Horse Sales also said online bidding has been crucial to successful sales this year.

“A lot of people are actively buying horses online,” he told H&H. “It’s opened my eyes that people are happy to do it and enabled us to put sales in front of people who wouldn’t have come to sales [in person] because of the circumstances.

“Trade is much stronger this year, which came as a surprise. Our flagship sale in September was very active and we had lots of enquiries for our postponed Go For Gold Sale (7–8 December).

“The more interest, the more competition and prices increase.”

Emma Blundell, managing director of Mount St John Equestrian, said demand for good horses “never goes away”.

She spoke to H&H before the stud’s inaugural online auction of broodmares and embryos (2–6 December).

“I’ve put a really nice collection together and there has been really good reception,” she said.

“Online sales still feel very  new for horses, but this year everybody has been pushed to try different things, so I think people are a bit more open to doing things online.”

Buyer beware

THE British Horse Society received a “notable” number of calls to its Covid-19 helpline from people enquiring whether they could travel to view or collect a horse bought during lockdown.

Director of welfare Gemma Stanford said that for many people, the pandemic had forced a sudden change in circumstances, which meant more owners were looking to sell or rehome their equines, but she advised buyers to exercise caution.

“Taking on a horse is a long-term commitment and the decision should not be taken lightly,” she told H&H. “For some, lockdown has meant more leisure time, either due to furlough, less commuting or perhaps working from home, but we urge people to consider whether this is the right time to buy.”

The organisation strongly recommends viewing a horse before buying, while following the latest government guidelines, as well as considering a pre-purchase vetting and sale contract.

World Horse Welfare deputy chief executive Tony Tyler also warned against buying on impulse, or unseen.

“Either of these could lead to all kinds of problems for the buyer and the horse, and we are already seeing horses sold during the first lockdown coming back on to the market which could be evidence of over-hasty decisions being made in the spring,” he said.

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Legal case over pony shows there are no winners in court H&H Plus

Eleanor Jones — Wed, 25 Mar 2020 16:47:54 +0000

H&H spoke to both parties following a legal case that was settled out of court the result of which is they each claim to have lost everything...

A legal dispute over a £25,000 dressage pony has highlighted the fact that all parties in such cases can lose everything.

Agnetha Hjortsparre, a pony breeder in Sweden, settled out of court in a case involving her stallion Speyksbosch Diablo and UK buyer Damien Harris.

Mr Harris, of Ghabar Stud, agreed to buy the pony and to pay in instalments, but then said Ms Hjortsparre had misrepresented the pony and that a vetting on his arrival in the UK had shown he was lame. He refused to pay any more and then started legal action against Ms Hjortsparre.

The two parties agreed Mr Harris would pay Ms Hjortsparre £15,000. But Mr Harris said he had no assets, and if she did not take the pony back in settlement, he would send him to auction.

Diablo is now back with Ms Hjortsparre but she told H&H she has “lost everything”.

“It’s money I’ll never get back,” she said. “I didn’t give up because I didn’t want him to have my pony for free, or hardly anything.

“And there it stops. I’ve borrowed so much to pay for this [case] and I haven’t got any more.”

Ms Hjortsparre said she had sold Diablo as the rented property she lives in was to be sold. But as she has lost money – her legal costs were over £20,000 – she may have to find a new home. She also said the pony passed a vetting before he was sold.

“I’m so glad the pony’s back with me as he deserves it, but I thought I’d found him a good home,” she said.

“It’s been so hard but I’m proud of myself for doing it and I don’t want anyone else to go through this. We had an agreement but I’ve lost everything.”

Mr Harris told H&H he has lost £40,000. He said he had the pony vetted soon after he arrived in the UK, for insurance, and he was lame. Diablo’s British Dressage record shows he was competing, including at Premier League, that summer and autumn, but Mr Harris said he was having “treatment and acupuncture every two weeks… but we couldn’t keep him sound”.

Mr Harris admitted he had put his assets into other hands.

“I spent a lot on this case and at the end of it, was going to get nothing,” he said. “I think the law should be changed and there should be some way of finding out what someone’s got beforehand; this has been a nightmare.”

Barrister Paul O’Callaghan, who acted for Ms Hjortsparre in the latter stages of her case, said he explains to all clients at the outset that anyone bringing a claim in a civil court should check the other party’s assets.

“If they don’t, the court judgement isn’t worth the paper it’s written on,” he told H&H.

“If it can’t be enforced, you won’t get the compensation awarded or settled in this case. The difficulty is that there are those people who know how the system works, and how to limit their potential liability.”

Mr O’Callaghan said Mr Harris “went to great lengths to disassociate himself” from the stud, and that as examination of documents showed it would be difficult to bring a claim against anyone else, the case proceeded.

Mr O’Callaghan said there is little that can be done when people transfer assets into others’ names, but there are other ways money can be recovered.

If someone is employed, a claimant can apply for earnings to be diverted, or if the other party is to receive a sum of money, another order can be applied for.

Also, judgements remain applicable for property or assets someone may accrue in future.

“If circumstances change, it’s possible to enforce a judgement to the full extent,” he said.

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Is it really possible to make money selling horses?

Stephanie Bateman — Sun, 16 Feb 2020 09:00:41 +0000

Is it really possible to make money selling horses or is it more a matter of breaking even while enjoying the lifestyle? Stephanie Bateman investigates

With top-class horses selling for seven-figure sums, some people expect there’s plenty of money to be made from dealing in horses. But as mid-level horses are likely to go for thousands rather than millions, how prosperous is the reality?

Sport horse producer Tim Brown believes it is possible to make money from horses.

“Look at the Schockemöhle empire — they wouldn’t be as big as they are if they weren’t making money,” he says. “It’s like a car or a house — if the fundamentals are right, and you spend time and money investing to improve it, you can make a profit.”

Tim and his wife Antonia specialise in young sport horses, paying on average £15,000 to £25,000 for rising four-year-olds from the Netherlands, producing them for a year and selling them as five-year-olds with a competition record for £50,000 plus.

“We buy horses with the correct breeding, the correct conformation and correct mechanics,” says Tim. “It’s then the horse’s training that increases its value — producing it to perform at a higher level and make it rideable so anyone can ride it.”

The pair usually turn over 10 young horses a year, training and qualifying them for young horse championships before selling them to competitive riders to take up the levels.

“When you add up our costs to run a horse for a year, you are looking at £200 a week for its livery, plus £100 a week for training and competition costs, so you’re looking at upwards of £10,000 a year just to keep that horse,” explains Tim. “We aim to make around £10,000 profit per horse for a year’s work.”

All of Tim’s horses are for sale from the moment they are purchased.

“They are always for sale, but we prefer to sell them as trained horses, because they are more valuable,” say Tim. “We would however sell them before they’re trained to people we know have the capability to bring them on.”

Tim believes it’s all about potential with young horses — once you know a horse’s performance ceiling, their value is capped.

“As young horses, you are buying a dream of what they could aspire to, but once you get a horse into full competition, you are more aware of its potential and that creates a benchmark of its value,” says Tim. “There are special horses that progress year on year all the way to the top, and they are the ones who are worth a lot more money.”

Alongside producing and selling horses, Tim and Antonia have liveries.

“They are a regular source of income and help cover the horses that don’t make the money you were hoping for,” says Tim. “It is a big gamble when you think about it, but it’s also a lifestyle that many people love and can make a success of.”

Turning over enough to make a living

Sometimes it’s not about making big bucks, but simply turning over enough to make a living. Natalia Thorpe runs NT Equine in Surrey and has been buying and selling horses for 10 years.

“I’ve been lucky enough to build a great client base, both in the UK and internationally, and I get a real kick out of seeing my horses go on to make people happy,” she says. “My passion is jumping ponies, but to make ends meet I also sell all-rounders.”

When it comes to the nitty-gritty, Natalie finds doing her tax return “depressing” due to her capacious expenses.

“My yard, which costs me £1,000 a week to run without paying myself, just about breaks even,” she says. “I work on the basis I need to sell two per week; it’s either this or have the yard full of sales and schooling liveries just to cover my costs. If I didn’t have to pay rent, business rates and staff, life would be a lot easier. I also expect to lose one or two horses a year through injury, colic or ongoing issues.”

When working out profit margins, Natalie needs to know a horse will have at least £1,000 profit on top of what it will cost her.

“The horse might stay with me for two months before sale and I could fill that box with a £500 a month livery,” she says “Once I’ve added time and advertising fees, I’m really just covering costs.”

As with most dealers, Natalie’s horses are for sale the moment she purchases them.

“If someone offers you decent money for a horse, you’re a fool not to take it, as you have to remember how fragile horses are and that they can break themselves easily,” she advises. “I always have a few I keep to produce and compete myself, but they are always on the market.”

Despite enjoying her job, Natalie believes that amateur producers kid themselves that they are making money.

“I started doing this as I have a passion for producing young ponies and horses. It meant I had the lifestyle where I could enjoy my own horses, but you can’t buy cheap horses over from Ireland any more,” she says.

“The Irish and Dutch markets are strong and buyers have to realise the days of being able to buy a quality all-rounder for £4,500 are long gone. Every day I question my sanity and am tempted by a less demanding job with a steadier income.”

Selling horses certainly has it ups and downs, and as quickly as people fall in love with the game, they can fall out of love with it.

Avril Roberts of Equine Agents in East Sussex sold horses for 15 years, but is now focusing on equine transport.

“I’m not selling like I used to,” she says. “I used to sell between six and eight in a weekend, with 25 horses in to sell at any one time, but you can’t get the stock now and the clientèle aren’t what they used to be. People’s expectations are ridiculous, and I just stopped enjoying it.”

Avril used to make enough money to run the yard and pay two full-time members of staff, but in the past year she has dropped down to one part-time groom and runs a livery yard alongside the transport instead.

“I used to get my horses from Ireland, but the Irish market is so different now — they are all warmblood crosses and the riders I have coming to buy horses now can’t handle their temperaments,” Avril explains. “The price of horses has increased, too, which it rightly should as everything else has gone up. People think we pick a horse up from Ireland for £25 and sell it for £4,000, but you don’t. The maximum I’d make on a riding club horse was £500, but others would make a loss, so although you make a living, it’s certainly not enough to ponce about in a big Oakley lorry and a Range Rover.”

‘I love my lifestyle’

Julia Martin runs Kingshill Equestrian Limited in West Sussex.

For her, selling horses for the past 30 years is a lifestyle that she wouldn’t change for the world.

“I can wake up in the morning, look out of my window and watch the sun rise over the beautiful Sussex countryside with the horses grazing contentedly,” she muses. “I have children who are immersed in the world of ponies and horses and I love my lifestyle.

“However, the reality of horse livery and selling is not glamorous, nor is it the road to riches. It is hard work and the remuneration is poor.”

If there is money to be made, “the profit margins are small”, and as many other dealers are finding, “there is a shortage of good horses to sell.”

“I specialise in selling Irish horses that tend to be steady, good all-rounders,” says Julia. “My margins are tight and therefore I rely on a regular supply coming in from Ireland. I can always sell more horses than I can acquire and also sell horses on behalf of private owners for which I charge 10% commission. Most of these horses sell for between £5,000 and £9,000 and I aim to sell them within a three-week period. I am lucky that I can return any horse that I do not feel is right, either on medical or temperament grounds, and therefore I can stand behind every horse I sell.”

Julia has dealt with the same horse exporter for the past 20 years.

“Anyone trying to make reasonable commission on the sale of horses, rather than very large gains on the odd horse that has been produced, needs a reliable source from someone they trust,” she says. “It is not the horse you are buying, it is the man you are buying it from.”

It’s not the route to a quick buck, but for those with a passion for selling who have the right set-up and some trusted contacts, the lifestyle makes it worthwhile.

Seven selling tips

Sell it while you love it. Unless the horse is super-special, your first offer is normally your best offer (Natalia Thorpe)
Accept you don’t make lots of money; your motivation for doing it has to be real passion, otherwise you simply won’t go the distance (Natalia Thorpe)
Always look after your clients, honour your terms and be as honest as possible when selling. If you think a buyer isn’t right for your horse, don’t be afraid to say so. Likewise, if you think a horse will do the job, don’t be afraid to stand up for it and let the horse prove itself to them (Natalia Thorpe)
Buy something that is correct for the job you are selling it to do (Tim Brown)
Use a vet whom you trust for vettings (Tim Brown)
Be open-minded that there is nothing perfect and always be prepared to lose money on a horse, through injury, death or it being sent back (Tim Brown)
Be honest about your expenses when working out profits and what a horse is worth (Julia Martin)

Ref Horse & Hound; 13 February 2020

How much is a horse worth? H&H investigates… H&H Plus

Lucy Elder — Thu, 13 Feb 2020 09:00:31 +0000

In our horses for sale special issue of the magazine, we speak to agents, producers and other equine sellers to find out how they decide what a horse is worth when putting it up for sale...

When it comes to putting a price on a good horse, where do you start? Whether you’re looking for the next Milton or want to enjoy the journey of seeing a super-smart youngster progress from pre-training to Cheltenham, how do those in the business calculate the value of those animals?

“A horse is only worth what somebody is willing to pay,” says leading event horse agent Rachel Wakefield of Uptown Eventing. “There is no true value of a horse. It is like a painting or a house — it is guided by what is on the market at the time. Market value is determined by what a seller believes is an achievable price and what a buyer is prepared to pay, usually after some negotiation.

“We have lots of factors to consider: age, experience, competition results, breeding, the producer, associated production methods, skills and costs, as well as veterinary history.

“There are hundreds of horses priced around £5,000-10,000, but very few at top level, and that is what makes them exclusive and expensive. The market is like a Christmas tree — there are only a few stars at the top, but an awful lot of baubles lower down.

“A top-class horse will just have something about him. It stands out a mile to me — whether that is presence, ability, movement, jump or how the horse goes across country.”

For young horses, people pay a lot for potential. For example, a nice prospect for the Le Lion d’Angers young horse eventing championships would attract a high price, as historically they reach the top of the sport and are a good investment.

“A big proportion of eventers at the moment are between £50,000 and £150,000, and that is anything from a novice to a five-star horse,” adds Rachel. “Above that there are world, European and Olympic horse sales, where the price tag would be considerably more.”

International bloodstock agent Hamish Macauley explains that in racing, price depends on what you are looking for and at which sale.

“With the foals, yearlings and three-year-old stores — the unbroken racing prospects — the amount you will pay comes down to the individual. We are looking for an athlete. The pedigree is still important, but it comes second,” he says, adding that temperament and soundness are vital.

“However, if you are looking for mares or fillies with a view to breeding, a lot comes down to pedigree.”

Select sales have the added value of the animals being accepted or chosen especially for that auction by experts. But as with any market, it comes down to supply and demand.

“For store horses, people tend to be after a big, scopey, good-looking, sound individual,” says Hamish. “The difference between one making £60,000 and one making £100,000 may come down to the way they move — it is basically about how much someone is willing to pay for that horse.”

Leading dressage horse agent Peter Tomlinson of Find A Dressage Horse agrees it comes back to supply and demand.

“If the demand is high, the price is high,” he says, explaining that the impact the 2009 recession had on breeding is still being felt in the market today. “Even the big-money horses are going for bigger and bigger prices because there is a lack of them on the global market.”

He adds that the majority of a horse’s price is linked to trainability, talent and temperament, and the Continental market is so strong because their breeding system is “around 100 years ahead of ours”.

“You can get something that doesn’t have the strongest breeding and it could be the next Valegro,” he counters. “Breeding is a good back-up to have — particularly the damline — and there is a higher possibility that it is going to be good, but you cannot stereotype.

“Trainability and attitude is where I would start. There is no point in having flash if you haven’t got the brain. A good brain is worth a fortune. They must have ability to move through the body, you have to be able to see the muscles working, and the behind is more important than the front end. You can always develop a trot; the main thing you look for is a good walk and canter.”

‘It is a business’

Vere Phillipps, a dealer, producer and breeder, believes that horse prices have not inflated.

“In 1968, my father bought a new Land Rover for £670 and in those days you could buy a hunter at Leicester sales for the same,” he says. “If you think what a Land Rover costs you now, and what a hunter costs, hunters are cheap. Nice horses are actually cheap — you would struggle to sell a master’s horse for more than £20,000, yet a good Land Rover is £30,000-plus.”

When it comes to breeding, buying and selling commercially, Vere says the value can be calculated from what it has cost to produce a horse to that point.

“You have to value a horse like any product, and as much as we all love them, it is a business,” he says, adding that an average five-year-old with a clean bill of health costs the bones of £10,000 to produce.

“It costs me £5,000 to get a foal to hit the ground. Say we are going for a sport horse — you start with a good stallion, the stud fee is likely to be £1,000-2,000, then by the time you’ve kept the mare and paid her stud costs, you are just delighted to have a live foal.

“If you add up the costs associated to get him to four years old and do a professional job of starting him, taking him to shows, hunting, then a smart horse with potential that makes £30,000 as a five-year-old is not expensive.

“With soaring overheads, if these prices are not achievable, professionals will stop breeding and producing these top competition horses. Then we’ll be left with hobby breeders doing it solely for the love of it.”

Vere adds that the higher prices come in after that when a horse starts to show form, as this also comes at a cost to the producer.

“When a horse reaches the next level in his career — say he is an eight-year-old advanced horse, fit and sound, and is still looking as if he will reach the top level — a lot of people will want him,” he explains. “If you don’t want to sell, but they want to buy, that’s when the higher figures come in.”

Vere explains that this is higher still in showjumping as the horse’s potential earnings are higher than eventing.

“That is a horse who could bring someone a lot of revenue for the rest of their career in terms of winnings, stud fees, sponsors, prestige and demand for lessons from the rider — that’s when you see the seven- or eight-year-olds going for £1m,” he says.

A horse’s attitude to life and jumping is vital for producer Heidi Woodhead of DHI Event Horses.

“I am quite fussy about conformation,” she says, adding that soundness and a clean bill of health are essential.

“I’m interested in the bloodlines — we have bloodlines that have been very successful for us and although I don’t choose to buy a horse based just on that, when I look at the papers after I’ve decided I quite like one, I’ll think, ‘Oh brilliant’.”

Heidi adds that the variation in price among young horses comes down to experience and the feeling they give her.

“When the horses arrive here, I like to have them for a little while to play with and there’s something about one or two that makes you think, ‘Oh my goodness, this is going to be some horse,’” she says. “He might take time to produce as he might be sharper, or have a big frame with a weak body.

“When we are selling horses, I envisage where that horse will be in two years’ time with the right background, set-up and support behind him.”

The key ingredients

Goffs director of sales, Sir Nicholas Nugent, believes a horse’s value comes down to a mix of factors — pedigree, looks, conformation and athleticism.

“It is like asking what the key ingredient is in a cooked breakfast — the eggs, the sausage or the bacon. They are all central to the overall value,” he says. “Wherever you are in the world, the maximum value of a racehorse is defined by his pedigree. Where he sits within that maximum value is defined by how he looks.”

He adds, for example, that a magnificent Galileo colt with no flaws, out of a strong damline, is where you will see Flat horses selling for seven figure sums.

“If that exceptionally good-looking horse is by a much less fashionable stallion, its ceiling is probably €100,000 (£92,600). If he is out of a poor broodmare, however nice the horse is, the value will be limited — and will be lower still if he isn’t good-looking,” he says.

“I always check the pedigree updates at a sale. Often the time between the catalogue going for publication and the date of the sale can be three weeks, so a lot can change.”

For Nicholas, the excitement comes when you have a horse whose pedigree has improved, as they can fetch good prices in relation to their production costs. Pedigrees improve when other progeny by the same sire run well, so those bloodlines are in demand.

“What you are hoping to do is to sell a horse for what looks like a lot of money, and if it goes on to do very well then suddenly it seems that it was not so much money.

“When you sell your own horse, the overwhelming emotion is of relief. But when you see somebody get a great result, there is an enormous pleasure in that. It is a bit like driving the taxi when the couple in the back get engaged — you are at the centre of what is going on, but not actually playing a leading role.”

The sales-toppers who set new records

H&H looks back at a snapshot of horses who have caused a buzz at sales in recent years across the disciplines:

£6.3m Marsha: the double Group One winner became the highest-priced horse ever sold at a European auction when she was snapped up by Coolmore’s MV Magnier for 6m guineas (£6.3m) at Tattersalls’ December Mare Sale in 2017.
£1.84m VivinoL this two-year-old stallion by Vivaldi made history at the Hanoverian licensing and stallion sale in Verden (October 2018), selling for €2.01m (£1.84m). Out of state premium mare Desiree, by Dancier, he was bought by the Schockemöhle-Helgstrand Dressage collaboration following a 20-minute bidding war with Norway’s Kristin Andresen.
£1.28m Dougie Douglas: the British Nations Cup team stalwart was sold by former rider and co-owner Holly Smith at Goresbridge Supreme Sale of Showjumpers to a US buyer in November 2015 for €1.4m (£1.28m). The Irish-bred gelding has continued his successful jumping career in the States under Katie Dinan.
£620,000 Inter connected: the five-year-old set a new world record as the highest-priced National Hunt horse in training sold at auction, when he was knocked down to Darren Yates and Philip Kirby at Goffs Spring Sale in May last year for £620,000. The son of Network fell on his first pointing start before winning his second, and finished second in his first race under Rules in March 2019.
£15,000 Unborn: an embryo out of Valegro’s full sister, Weidyfleur II, by the eight-year-old Hanoverian stallion Finest, was the top lot at the Anglo European Studbook and Brightwells’ elite foal auction in September 2018. The unborn foal sold for £15,000.

Ref Horse & Hound; 13 February 2020

New horse sales agreements aim to protect buyer and seller H&H Plus

Becky Murray — Tue, 03 Dec 2019 13:30:53 +0000

Signing a sales agreement could protect both buyers and sellers of horses, the creators of an online tool believe.

The British Horse Society (BHS) has launched a portal for gold members to create legal documents, allowing buyers and sellers to set out points such as whether a horse has a microchip, its characteristics, and the buyer’s obligations.

BHS membership director Emma Day told H&H having an agreement keeps buyers and sellers safe by ensuring what has been agreed is in writing.

“It’s something everyone should do to ensure their interests are protected,” she said. “Our legal line take calls from members where it’s all gone horribly wrong with the sale of a horse and this can help ensure it doesn’t.”

A spokesman for Epoq Legal, which provides the BHS’s legal helpline and agreements, told H&H the company has had 485 calls since April on equine sale disputes, which would be lower if more people had agreements.“The purchase of a horse is not a small matter. When buying or selling, it’s always good to have a legal document that sets out the terms,” she said.

“It’s normally the characteristics of the horse where we see the most problems — for example, it’s sold as sound, or child-friendly, but it’s not. An agreement means both parties are aware of the terms on which they have contracted.”

The spokesman said agreements are especially useful for private sellers who can input a welfare clause on how the horse should be managed by the new owner, and can prevent disputes if behavioural issues develop later.

“Sometimes someone can own a horse for a couple of months and the way they treat it can mean it develops a characteristic,” she said. “If a buyer comes back later with a dispute, we would argue that we do not know what he has done with the horse. If there is evidence from vets and previous owners this was not an issue before, we would argue this is something the buyer has caused.”

Tina Canton of Tinderbox Sports Horses told H&H she thinks agreements are beneficial

“When selling, I make sure any special requirements of the horse are noted on the receipt and the buyer signs it. For example, if the horse will only hack in company, or needs to live out, this will be included so I have a written record that I have declared these things.

“I am very open about horses — if we have one with quirks, I’ll declare them, and I put my coach’s hat on when matching clients and horses. If it’s not going to work, I won’t sell the horse to them. When I am acting as an agent and people send horses to me to be sold, we have a 20-page contract where they have to declare absolutely everything, and sign it.

“Hopefully agreements can stop sellers not declaring things.”

In a dilemma about whether to loan or to sell? Take a look at our advice

Horse & Hound — Tue, 20 Aug 2019 15:05:07 +0000

If the time has come for you to part ways with your horse, deciding whether to loan or sell can be a difficult decision. Lottie Butler weighs up the options

Whatever the reason, whether a pony has been outgrown, your competitive ambitions don’t match your horse’s talents, or a change in circumstances has made keeping a horse difficult, deciding to sell your horse can be heart-breaking.

For this reason, many people opt to loan their horse. If well-thought out, it can be the ideal solution for both horse and rider. However, not every loan is a success, and reports of disputes, neglect and even theft are far too frequent.

Here are a few things to consider when weighing up your options:

How involved do you want to be?

If you sell your horse, it doesn’t necessarily mean you will never see them again. With the right buyer, you can stay in touch. However, the advantage of loaning your horse should be that you can ensure it always has a high level of care and will never be moved without your permission. Equine welfare charity Bransby Horses only offer loan homes. “We never sell or sign over care just in case people’s personal circumstances change,” says Ryan Rouse, re-homing coordinator. “We need to know that our horses are always going to be safe.”

What’s best for the horse?

Does your horse have the potential to do more? Or does he need a break from competition? Grace Moran, British Eventing rider representative in Scotland, has owned her 18-year-old eventer Porthill Rusty Nail since he was a foal. In that time, he has been on loan twice — first to event rider Caroline Powell, and subsequently to a young rider. “Caroline approached me about having Rusty as a reserve for the 2012 Olympics, and I wanted to give him the opportunity to compete at that level,” she explains. Last year, she loaned him to local rider Lauren Robb after deciding to retire him from top level competition. “As a young rider, I was loaned an advanced horse, who made me the rider I am, so I wanted another upcoming rider to benefit from Rusty’s experience.”

What about the future?

If you don’t think you will ever be able to take on the responsibility of your horse again — for financial or logistical reasons — selling to a long-term home can be the best option. A succession of different loan homes will be unsettling for any horse.

Continued below…

If you do loan…

Assess the home properly

“We try to get to know the loan home as much as possible — those who are welcoming and put the effort in are usually going to be the better homes,” says Ryan at Bransby Horses. Always visit the stables where your horse will be kept. You can also ask for references from livery yards to find out more about the loan owners — advice from a third party can be a good assessment of how much experience they have.

Know your terms

Even if you are loaning your horse to a friend, make sure you have worked out of the details — the level at which the horse is ridden at; who is responsible for the horse’s running costs, veterinary bills and insurance; who will organise routine dental checks and vaccinations; what will happen in the event of an accident and a notice period if the loan is to come to an end. “Our loan agreement outlines that the horses need the ideal level of care — things like tetanus vaccinations, a worming programme and regular shoeing,” says Ryan.

Be vigilant

There have been cases where horses taken on loan have been stolen or sold on, and it can be difficult to prove ownership. Be wary of such scams. Make sure the passport stays in your name, and always keep a photocopy.

If you sell…

Be upfront

Honesty is vital to make sure your horse goes to the right home. Make sure potential buyers are fully aware of any health issues or character quirks of your horse. You don’t want to sell your horse to a happy hacker if you know he thrives going out competing regularly, or to a hunting home if the horse has never seen hounds.

Advertise your horse for sale with Horse & Hound

Vet the buyer

If logistically possible, it is reasonable to request to see where your horse will be kept — it will help alleviate concerns you may have about selling. You can also look into loan-to-sell arrangements, whereby the horse goes on loan for a trial period before selling. With the right paperwork in place, this can be the perfect option to ensure horse and buyer are well-suited.

Look at wanted ads

Some buyers will know exactly what they’re looking for. Claire Harker bought her horse for use in the Light Cavalry, and knew exactly what she needed. “I was just trawling through thousands of adverts and not really knowing if the horse would do the job I needed,” she explains. “In the end, I did a ‘wanted’ advert that outlined exactly what I wanted, including height, colour and temperament. It saved a lot of time.”

How much does it cost to buy a pony?

Jessica Crandon — Mon, 03 Jun 2019 07:25:55 +0000

Whether you’re after a lead-rein pony for your young child or want a competitive eventer or showjumper for a teenager, searching for suitable ponies is tricky. They must be safe but fun, and this is a rare combination to find.

You can’t put a price on safety or on making your child’s dreams come true. But everyone has a budget, so researching what you need to spend for the type of pony you need can make the entire process easier. And of course, the purchase price is just the start of what it costs to own a horse or pony with ongoing bills likely to significantly outweigh the initial outlay. So to help you out, we’ve spoken to a couple of producers and sellers for their take on the pony market at the moment.

Clare Reynolds of CR Showjumpers specialises in high-level showjumping ponies. She believes the key to finding ponies great homes comes down to not being greedy over prices, matching ponies to riders and building a good reputation. However, the market is changing, and this is affecting pony prices considerably.

“To even source what people want, we’re paying a lot of money in the first instance — and that’s going to be passed onto the next client,” says Clare.

Natalia Thorpe of NT Equine agrees: “At Clifden Connemara sales recently, there were very plain, not super-special four-year-old ponies going through the ring and fetching €4,800. The pony would cost me £5,000 after the travel costs to get it home, and that’s without having been paid for my time to go looking for it and my travel to Ireland.”

A fun first pony

What can you expect to pay for a fun first pony (12.2hh and under) that can take a child on and off the lead-rein for all activities — even a bit of hunting maybe?

“These ponies are worth their weight in gold!” states Natalia. “People should spend as much as they can afford on children’s ponies as you can’t put a price on safety. I would expect to pay in the region of £3,000 upwards for a good one.”

The first ponies on the Horse & Hound classifieds are resonant with this: this hunting pony suggests it would give a child plenty of good, safe fun — for £4,500.

It gets even trickier if you narrow your search to a native pony that could show up to county level. For example, this well-bred Welsh section A claims it would be suitable for the show ring, complete with a tiny tot.

A confidence-giving Pony Club pony

Braver children might be happy to ride something a bit trickier or younger — but if you have a less-than-confident rider, you need an angel of a pony. We looked at Pony Club ponies around 13.2hh that would let a less confident rider do a bit of everything at a low level.

“These ponies are saints!” says Natalia. “I get asked for these all the time, but they just aren’t out there. I would say they cost around £4,000 upwards, depending on their record and history.”

These rare ponies are certainly that, and it’s likely that they get passed around within families and Pony Clubs. This coloured 134cm gelding is £4,500 and is advertised as being able to do anything from showing to Pony Club.

A 14.2hh Pony Club teams pony

It’s every child’s dream pony: a 14.2hh that can do dressage, showjumping and eventing up to area level (and it’s more than likely going to be Connemara or Connemara cross).

Natalia says these ponies go for around £6,000.

“If it’s got British Showjumping (BS) or British Eventing (BE) points, don’t expect change from £10,000! And an up-and-coming pony will be more than a pony who’s peaked in his career already.”

Going further north might help you out. Clare explains how location and geography have a big impact on pony prices: “I’m originally from the North, where prices weren’t as strong as they are now down South.”

For example, this 14.2hh gelding has competed at BE100u18 level, and is priced at £5,500, potentially because he’s based further north, although it could be for other reasons.

You may be able to save money by buying a young pony and producing it from scratch. However, this won’t suit all riders.

“The consumer culture in England has an ‘everything now’ attitude, and people seem to be less willing to put time into a young horse and produce it themselves,” says Clare. “But then they don’t want to pay the money for a well-rounded, well-produced pony. It’s a catch-22 situation really.”

You might also be interested in:

(Image credit: Peter Nixon)

How much are different types of horse worth?

To help clear up what horses are worth at the moment, we spoke to several producers and sellers for their

(Image credit: Peter Nixon)

A competitive jumping pony

We’ve all marvelled at the youngsters flying around huge fences at Olympia every Christmas, but how much can you expect to pay for one of these pocket rockets? Clare specialises in jumping ponies and explains what people should budget for when buying a competitive jumping pony with a decent BS record.

“I import and produce high-level showjumping ponies, from four/five-year-olds up to 10-year-olds. For a good pony, say a 148cm that’s jumping Newcomers or Foxhunter, with a good consistent record, you can expect to pay at least £15,000 to £20,000.”

Clare adds that it’s important to be realistic in vettings too, especially if you’re looking with a lower budget.

“Vettings are so stringent. Normally, when you find a pony in the lower-end of your budget, there’s a catch somewhere. They might compete to the level they need to, but the vetting won’t be good enough. It’s important to be realistic about what your horse or pony needs to do.”

For all the latest equestrian news and reports, don’t miss Horse & Hound magazine, out every Thursday

Selling a horse? You need to read this first…

Carol Phillips — Fri, 12 Apr 2019 08:00:00 +0000

While some owners will keep their horses from purchase into old age, others enjoy the experience of buying a young or project horse with the intention of selling it on, ideally for a small profit, at a later date.

Equally some individuals will offer to help out a friend with the process of selling a horse that either hasn’t worked out, or is no longer suitable for whatever reason, which they don’t have the time or knowledge to sell themselves.

But before you go ahead and book your horse for sale advert, have you considered whether you are a private or business seller in the eyes of the law?

“Of course I’m a private seller”, you might think. “After all, I’m no horse dealer…”

While you might not be working as a dealer, you may be surprised when the law views a person to be a business seller. It’s very important to understand this because business sellers have to work within the restrictions of The Consumer Rights Act 2015, which has replaced the Sale of Goods Act 1979 for any sale taking place between a “trader” and a “consumer” since 30 September 2015.

Who is a business seller?

Most people think that if they do not class themselves as a horse dealer, then these legal obligations do not apply to them. This is not necessarily the case.

There is no official legal definition of a horse dealer. What is important is whether you are “acting for purposes relating to your trade, business, craft or profession” – if so this makes you a “trader”. Who you are selling to is also important as The Consumer Rights Act 2015 applies whenever a “trader” is selling to a “consumer”. In this context a “consumer” is someone who is “acting for purposes that are wholly or mainly outside their trade, business, craft or profession”.

Do not assume that if your profession is not primarily selling horses, then The Consumer Rights Act 2015 does not apply to you. Alison Goodwin, head of equine at Harrison Clark Rickerbys Solicitors, explains: “Factors that may be taken into consideration by the courts when determining whether someone was acting in the course of a business, or not, include how many horses the seller has sold in the past few years and how long they have owned the particular horse in question prior to the sale as well as whether the horse was sold for a profit, among other things. So if you sell horses regularly, or have only had the horse for a short period of time and are looking to make a profit from the sale, you may be considered a business seller.”

If you’re unsure about your status as a seller, then it would be wise to seek legal advice prior to advertising any horse for sale.

If you do fall under The Consumer Rights Act 2015 as a seller, the Act requires the horse must be of satisfactory quality, fit for purpose and sold as described at the point of sale and subsequent delivery. This is the case even if terms such as “sold as seen” are used in the contract or receipt.

Solicitor Josh O’Neill of international law firm Trowers & Hamlins’ dedicated specialist equine team explains: “Breach of either satisfactory quality, fitness for purpose and sold as described entitles the buyer to a 30-day right to reject the horse and claim additional losses starting from receipt of the horse. If the horse is not rejected within 30 days, the Act says the seller must provide a right of repair or replacement at their own expense within a reasonable time.

“If the repair or replacement is not effective or forthcoming within a reasonable time, the buyer can exercise a final right of rejection or price reduction. In the context of a horse, a repair or replacement is not possible meaning a rejection and refund will be the only appropriate remedy.”

Legal obligations for anyone who is selling a horse

You must have the legal right to sell the horse or have the authority from the legal owner to sell the horse
Ensure that any description you give of the horse both in writing and verbally to any potential purchaser is accurate
Do not make any statements or give any representations about the horse which you know are untrue or you are unsure whether they are true
If the horse you are selling is not owned by you and you are selling the horse on behalf of the owner, then make this clear from the outset to any potential buyers

Extra legal obligations for business sellers

These are additional obligations for business sellers, which apply to a sale by virtue of The Consumer Rights Act 2015.

The horse must be fit for the purpose for which it was sold
The horse must be of a satisfactory quality taking into account the description, price and other important factors

How to protect yourself as a seller

Whether you are a private or business seller, who is selling a horse on your own behalf or for someone else, you need to bear the following in mind to ensure that you are protected if things go wrong:

Ensure you know who the legal owner of any horse is and that they have the right to sell it
Ensure the horse’s passport is up to date and accurate
If you are selling for someone else, put down in writing the agreed terms of the sale including any commission payable on sale, livery/training costs until a sale is achieved, who pays for advertisements and where they should be placed etc. These terms can be incorporated into a specific sales livery agreement or recorded in a separate agreement
If you are selling on behalf of someone else and you draft the advertisement, get the owner to approve it before it is published.
If you take a deposit from a potential purchaser, agree exactly what the terms are for repayment and/or retention of the deposit and make a note of them on a receipt for the deposit or in a sale agreement
Continue the horse’s insurance until it has been delivered to/collected by the new owner
If there is any delay between vetting and collection/delivery of the horse, take a full set of photographs of the horse before it leaves your yard. (This is especially important if a transport company collects the horse on behalf of the purchaser)
Make sure payment has cleared into your account before the horse leaves your yard

Other important considerations

Under The Consumer Rights Act 2015, if you have sold a horse and the buyer comes back to you with a complaint, the onus is on the buyer to show that the horse was either not of satisfactory quality, not fit for purpose and not as described at the point at which the horse was delivered. However the time period under which this action can take place is up to six months after purchase, warns Josh O’Neill of Trowers & Hamlins.

Buying or selling a horse: do you know where you stand? H&H VIP

Lucy Elder — Mon, 04 Jan 2016 11:55:35 +0000

Buyers and sellers of horses have fresh rules to contend with since the new Consumer Rights Act came into force on 1 October 2015. The act covers all goods from gig tickets to televisions, as well as horses. But with an animal, can the lines ever be clear and fair to both buyer and seller?

Under the ruling, buyers have the right to a 30-day refund for faulty, not as described, or not fit for purpose goods bought from a business — such as dealers.

In the past, the time limit was described as a “reasonable period”. However, the Citizens Advice Bureau has told H&H that this does not extend to private sales.

This means that if you buy privately rather than from a horse-selling business, the updated rights do not apply.

The law also toughens up consumers’ rights with regards to services.

All services — such as livery, riding lessons and horsebox repairs — are covered by the UK act.

Under the new ruling, those who do not apply “reasonable care” as agreed with the consumer, will have to put things right, such as redo the job or give some money back.

‘Simplification’

“Clear rights are good for shoppers and businesses,” said a Citizens Advice Bureau spokesman.

“The new laws should make it easier for people to understand and use their rights, regardless of what goods or services they buy.

“When you are buying something like a horse or riding lessons from a business, you will have these new rights.

“If it’s a private sale, for example you buy a horse or have lessons from someone who doesn’t run a business, you won’t be covered.”

Hanna Campbell, of equestrian legal firm HorseSolicitor, said the new law “provides much needed simplification” and “gives more rights” to owners and riders.

“Hopefully publicity around the changes will raise the profile of statutory rights, which people often don’t even know that they have,”she added.

“Even after 30 days have passed the buyer can still be entitled to a refund — full if under six months, or partial if over six months — but must allow the trader to repair or replace the item first.”

What about sellers?

Patsy Day has been buying and selling horses since 1979 and told H&H that the new guidelines are what she has run her business on “for years”.

She said that difficult situations can still arise for genuine traders as they know their reputation is on the line and fighting cases is costly.

She added that these can often occur when some more novice buyers realise what is involved with riding and managing their own horse.

“With horses, how do you prove that the ‘goods’ themselves are faulty?” she said.

“How you define ‘fit for purpose’ besides being 100% honest is very difficult.

“If you have something mechanical, like a washing machine, it ticks all the boxes — as long as it is not misused, it should function. Horses are not, as we all know, goods. They are unpredictable flight animals.”

Miss Day added that the way a horse is treated, fed, ridden and shod can all have an impact on its behaviour and way of going within a very short space of time.

For information visit: www.citizensadvice.org.uk

Ref: H&H 31 December, 2015

9 favourite phrases of horse buyers you’ll hope not to meet

Gemma Redrup — Fri, 23 Oct 2015 11:25:59 +0000

Buying a horse can be a challenging time for buyers and sellers alike. Of course, this isn’t always the case and often the customer/vendor relationship is a harmonious one. But, if you are selling your horse, then keep an ear out for these key phrases as we take a tongue-in-cheek look what might follow…

1. I used to ride at four-star/grand prix/1m50 level

Did you really? Because by the look of it, you are barely ready to come off the lead-rein. Now please, please, please get off my horse.

2. My requirements are very reasonable

If the list is so reasonable, we would love to know where you can find a horse that has the potential to jump around Burghley, introduce your novice daughter to the Global Champions Tour, that your granny can take hunting and your baby can score 70%+ on at advanced medium level dressage.

3. My last horse took me to two-star/advanced medium/1m30 level

Well it must have been an absolute saint looking at the way you ride and your inability to see any sort of stride.

4. The horse will have a five-star home

Will it? Your interpretation of five-star might be very different to theirs, so if you’re concerned you might want to offer to deliver the horse to them, so you can check it out for yourself.

Continued below…

(Image credit: Alamy Stock Photo)

9 lies people who sell horses like to tell (and how not to be fooled)

To help you avoid getting hurt or ending up with the wrong horse (or both), we've de-mystified some of the

(Image credit: Alamy Stock Photo)

Buying a horse: Horse & Hound’s ultimate step-by-step guide

5. Six months after they buy the horse they want to send it back because it’s started rearing, bucking, napping and refusing to go into the horsebox

Obviously this is all your fault and you should give them a full refund and compensation. It’s nothing to do with how poorly they drive their horsebox and the drilling they give the horse each time they get on it.

6. They have an adequate budget

So you are looking for a potential junior and young rider horse that you can do small tour dressage with and your husband can hunt three days per week for around £1,000. Oh and it must be sound and very straightforward in all ways too. Best of luck with that search!

7. We want it on trial. For a year

Because that’s only fair…

8. We want to buy him — please don’t let anyone else look at him. We’ll be in touch to organise a vetting…

Is that the sound of tumbleweed I hear? It’s quite likely you’ll never hear from this potential buyer again.

9. We’re looking for a pony that my toddler can take up the gallops, that my 8-year-old can ride on area Pony Club teams, and with whom my 12-year-old daughter can become the next Charlotte Dujardin. Oh and we’d like the dog to hack it out

Perhaps a rocking horse might be a better investment?

Securing Olympic equine talent: what Britain could learn from the Dutch H&H VIP

Pippa Cuckson — Fri, 02 Oct 2015 09:55:23 +0000

With quadruple world and European golds in their pockets, the Dutch showjumpers look almost impossible to beat in Rio next year.

Team strategy is a big part of the country’s success. But many Dutch riders have one less pressure than their rivals — comfort that their top strings won’t disappear from under them in the scramble to buy and sell Rio horses before the FEI’s 31 December deadline.

Horse syndication, variously profit-driven and altruistic, is growing fast in equestrianism, though the Dutch approach is unique.

Horses suffixed SFN are owned by the Springpaarden Fonds Nederland (Showjumping Fund of the Netherlands), aimed primarily at saving them for championship teams.

On top of that, existing owners of 17 further potential team horses — including four in eventing, until recently the Netherlands’ weakest discipline — are under contract not to sell until after Rio, through the Dutch Olympic Foundation (NOP).

SFN successes

SFN horses have competed at six of the past seven major medal events. SFN currently owns nine horses — including Zenith, Jeroen Dubbeldam’s winning ride at the 2014 World Equestrian Games and last month’s European Championships.

The scheme — which is only for showjumpers — was conceived by veteran Dutch photo-journalist Jacob Melissen. Matters came to a head in 2005 when the Netherlands accrued a dismal 45 faults in the La Baule Nations Cup — won by the US, all riding Dutch-breds. On his 10-hour drive home, Mr Melissen resolved to contact the major dealers.

“I told them, ‘You’re all really rich, thanks to equestrian sport’,” he said. “‘It’s payback time’.”

SFN talent-spots horses and then buys them at a preferential rate, often for new riders. Horses competing at four- and five-star cannot be sold abroad between the ages of eight and 12. The original seller retains 25% and shares prize-money and eventual sales profits but, significantly, relinquishes influence over the horse’s management.

The NOP is more recent.

“After London 2012, rather than before it, we started to have bad feelings about our existing medallists being sold.

“We saw what happened with Totilas [who experienced limited success after switching from Edward Gal to Germany’s Matthias Rath after being sold],” said Maarten van der Heijden, the Dutch federation’s sport director.

He obtained funding of €1.2m (£880,000) from Rabobank and the national Olympic committee to subsidise the contracted owners’ expenses, including horse insurance, over the four-year period leading up to Rio. Jumpers involved include the London 2012 silver medallists Glock’s London (Gerco Schröder), VDL Zirocco Blue (Jur Vrieling) and VDL Groep Verdi TN (Maikel van der Vleuten.)

Could the idea work in Britain?

A similar format was developed in 2001 by Desi Dillingham and Simon Hardwick, respectively chair and founder member of British Dressage.

Mr Hardwick, now head of real estate legal for PricewaterhouseCoopers, said the concept offered tax advantages through the equivalent of the Enterprise Investment Scheme (EIS), but it failed to take off.

“Stoneleigh had other priorities, and indications from major owners, back then, were that they did not wish to lose personal control of their investments,” he said.

“This managed approach to horse-and-rider pairings could still be part of the ownership mix. Attractive tax breaks remain available, though they are not a magic wand.”

One such EIS scheme is currently being offered by Lillybrook Showjumpers for European showjumping team debutante Jessica Mendoza, suggesting possible tax relief of 30%. However, investors are reminded that horse values can go down as well as up.

The United States equestrian team owned horses decades ago; but this practice ceased after a lawsuit.

Having won no dressage medals except at the Pan-Am Games since 2006, the US federation recently set up an owners’ task force and this May a new medal-orientated syndicate acquired the Sandro Hit eight-year-old Sandronnerhall from Spain for Adrienne Lyle.

Shareholders include Steffen Peters’ long-term backer Akiko Yamazaki, who said: “I realised that it was imperative to support other potential members for Team USA to step back on the podium.”

A downside of “managed” ownership is the potential for rider upsets; high-worth individuals don’t usually mind making harsh decisions. Ten months before London 2012, SFN removed star ride Utascha from an angry Eric van der Vleuten and sent her to Jeroen, who rode her until December 2013 when she was sold to Qatar, having turned 13. She died in July this year, after breaking a leg.

Mr Melissen said: “For us it’s quite simple. You come to the conclusion that the combination is no longer working and so you need to make changes.”

Ref: H&H 1/10/15

Polo pony ‘Lady Gaga’ at centre of libel case

Sophia Heath — Fri, 31 Oct 2014 08:55:26 +0000

A buyer has been forced to settle for libel after she posted videos online of a pony bucking and called the seller’s practices a “scandal”.

The case involved a polo pony named Lady Gaga, who Kate Gibbons bought for her son in September 2012 from Oxfordshire dealer Louisa Donovan.

Judge Richard Parkes heard in High Court in London last week (21 October) that less than six months after buying the pony, Mrs Gibbons was unhappy and claimed that it was “unsuitable” for her children to ride.

The situation reached a stalemate — with Mrs Donovan refusing to take the pony back — and in February 2013 Mrs Gibbons arranged for her husband to upload two videos that showed a polo pony bucking while being lunged.

The caption named Mrs Donovan’s company and read: “Louisa Donovan sold this polo pony as being suitable for children. Downright dangerous and a scandal they get away with this.”

Four months later, a third video was uploaded with the same footage and caption. All remained on the YouTube site until February this year.

Mrs Donovan only found out about the videos when a friend discovered them online, and she told H&H it was “shocking”.

She began libel proceedings as she felt the videos were “slurring” her business. Mrs Gibbons denied the claim arguing the videos were just “honest opinion”.

Last Tuesday the judge found in favour of Mrs Donovan on the preliminary issue of whether the words were defamatory under common law.

“The ordinary, reasonable person watching the video will have concluded that the claimant had sold the defendant a dangerous pony as being suitable for children, even though she must have known that it was in fact wholly unsuitable for them,” Judge Parkes said.

As a result of the preliminary decision the rest of the case was settled out of court for an unrevealed sum.

Mrs Donovan told H&H that she was “relieved” that the situation had been resolved.

“For people nowadays selling horses it is a minefield,” she said. “We were in a fortunate position that we could pursue the defamatory claim, but many people would find it financially restrictive.”

Mrs Donovan bought the now 11-year-old pony back, in December last year, and has not had any problems with her.

“She has been fine and has never done anything wrong,” she said. “I have been playing 2-goal to 12-goal with her all summer.”

This news story was first published in Horse & Hound magazine (30 October 2014).

China becomes new market for British horses

Ellie Hughes — Fri, 03 Oct 2014 07:55:05 +0000

A new Chinese export deal will be a boost for British breeding.

British horses can now be exported to China, following an agreement between the two countries that has led to the introduction of a new export health certificate (12 September).

It is expected that the first British horses will be exported later this year.

The trade deal, which is estimated to be initially worth £10 million a year to the UK economy, is expected to involve mostly British thoroughbred and jumping horses (news, 17 April).

Horses were previously unable to enter China due to strict regulations — showjumping competitions in the country took place on borrowed horses, and at the Beijing Olympics equestrian events took place in Hong Kong.

But China is a growing force in horse sport and in the leisure market, with 100,000 now riding weekly (news, 13 January 2013).

British environment secretary Elizabeth Truss described it as a “crucial agreement” that would help to grow Britain’s £7 billion equine industry.

“We’ve long been a world leader in racing, eventing and breeding — it’s only right that our historic yet innovative equine industry is able to export its top-quality horses and expertise across the globe,” she said.

Prof Tim Morris of the Animal Health and Welfare Board added: “The equine industry, particularly the breeding sector, welcomes this access to the developing Chinese market.”

The export deal will add to existing UK arrangements, which saw 4,907 equines exported to 36 countries outside the European Union in 2013 — worth an estimated £108 million to the economy.

This news story was first published in H&H magazine (2 October 2014)

Why we love Horse & Hound Buy & Sell

Carol Phillips — Thu, 22 Aug 2013 15:52:31 +0000

Thousands of people choose Horse & Hound as the place to go when they are looking to buy or sell anything equestrian. Here are just a few testimonials from our satisfied readers...

Livery yard owner Gail Smith has successfully sold a number of horses through Horse & Hound Buy & Sell and recommends it to her livery yard clients.

“I only ever use Horse & Hound to advertise my horses. I find your website superior to the other classifieds sites. I had 15 people view the latest mare I advertised with you. Well done Horse & Hound, yet again another sucessful sale. Thank you!”

Sandra Doherty enjoyed a quick, hassle-free sale of her horse.

“I had a super response to my advert and sold my lovely horse to the perfect buyer in one week. Thank you Horse & Hound”

Marnie Holt enjoyed a quick, hassle-free sale of her 15.2hh intermediate show hunter through Horse & Hound.

“I advertised my 15.2 intermediate show hunter with H&H. I got an instant response and the first people who came to see him bought him. He has gone to a fantastic home.”

(Image credit: creditUnknown)

Sam Hancock bought her new horse through Horse & Hound.

“It was a very easy process purchasing through H&H. I called the owner on Sunday evening, went to see her on the Monday morning, she passed the 5 stage vetting and I picked her up on Wednesday!”

Faye Waddle also bought her new horse through Horse & Hound.

“I found the H&H website very easy and simple to use. The information about the horses was very clear and straight to the point. Also found searching for horses online easy as the refined searches are very useful.”

(Image credit: creditUnknown)

Geoffrey Legouix sold his horsebox through Horse & Hound.

“I received at least 20 e-mails and about the same number of telephone calls. The first person who came to see my horsebox (which was within 24hrs of placing the ad) bought it. Calls ranged from as far away as Ireland, to someone who wanted to come down from Leicestershire with cash. I got the full asking price so was happy with the result.”

Alan Myers successfully sold his horsebox after getting advice from our classified team on how to improve his advert.

“I’m pleased to tell you that my horsebox has been sold (funds in bank) and I wish to thank you very much for your help, particularly since you looked over the advert for me. It made all the difference. Until this morning I thought I would have to readvertise, now I’m very relieved I don’t.”

This very happy advertiser would use H&H again and recommends us to her friends.

“It was a very hard decision for me to sell my beloved boy so I was so pleased that the first person to come and see him fell in love with him. He has gone to a super home where he will be much loved and spoilt. I couldn’t be happier. H&H is excellent for quality horses that obviously attract quality buyers. Thank you H&H”

And this advertiser quickly filled her job vacancy through H&H.

“Got 17 replies to my sits vac advert in just 2 weeks. Would definitely use H&H again.”

If you would like to advertise your horse or horsebox for sale with Horse & Hound, book your advert online now or call 0800 731 0616 to speak to a member of the classified team.

Outcry over advertisement of horse involved in fatal accident

Horse & Hound — Fri, 14 Oct 2011 11:51:37 +0000

Advertisements that described a horse involved in a fatal collision last summer as “100% safe” have been pulled following public outcry.

Carole Bullett, 57, from Bury St Edmunds, died following the incident at Nowton Country Park Fair in Suffolk, on 19 June when the horse, then owned by Duncan Drye, careered into spectators while towing a wagon offering rides to the public (news, 23 June).

Eight other people were taken to hospital and a health and safety investigation is ongoing.

In the advert, which appeared on the Reflex Equestrian website in early October, Urasio, a rising four-year-old strawberry roan cob, was advertised for sale as “100% safe in all ways, so laid-back, brilliant in heavy traffic, not silly or spooky”.

But following concerns posted on the H&H forum, among others, the horse has been taken off the market.

The advert also claimed the gelding had been investigated by the Health & Safety Executive (HSE) and declared safe.

This has been denied by the HSE.

John Claxton, the HSE inspector working on this case, said: “I understand that it has been claimed that the horse involved in the fatal accident at Nowton Park has been declared 100% safe and the HSE investigation completed.

“These claims are totally untrue. It is the responsibility of any horse owner to assess the suitability of a horse for its intended use and to ensure the horse is handled in a safe way.”

The horse was known as “Lucas” when owned by carriage driver Mr Drye from Bury St Edmunds.

The gelding was being sold by Teza Englefield, the dealer in Maldon, Essex, who imported him from France in 2009, and runs Reflex Equestrian.

Ms Englefield did not wish to comment, but said the horse is no longer for sale.

She said the horse had been returned to his owner and would not be put back on the market until after the inquest into Mrs Bullett’s death.

Mr Drye says he has sold Urasio, so the identity of the current owner is unknown.

The inquest remains open, with no date yet set for the coroner’s hearing.

This news story was first published in the current issue of Horse & Hound (13 October, 2011)

Now is the time to buy a horse as prices drop

Horse & Hound — Tue, 23 Aug 2011 14:01:31 +0000

“Not just difficult, impossible”, is how Swansea dealer Karl Richards describes the current horses for sale market. After weeks of advertising his sport horses with “hardly a call” he says he’s ready to take what he can for stock before the winter.

“But to negotiate, you need buyers to make an offer and that’s just not happening. Part of it is travelling — with diesel costs, people don’t want to drive any distance.”

Equine agent Natalia Thorpe concurs: “A sensible price is essential, and greener horses are more difficult to sell.”

But she has found that some types still move quickly from her Surrey yard.

“Experienced Pony Club ponies come in and go straight back out, but we have built a good reputation with our local branches,” says Natalia.

“Quality Irish youngstock also still sells. Generally, though, we’re carrying less stock and getting those we have out and about to maintain our margins.”

While prices have slipped, many dealers are maintaining profit margins as the price of stock coming in, particularly from Ireland, has dropped.

Showing producer Wayne Thorneycroft says there’s still client money for top-end animals, but good deals are still to be found.

“I’ve recently sold a nice horse at reasonable money, which is now doing well with [top showing rider] Rob Walker,” says Wayne, who admits to halving the price of another to move it on.

A straw poll of sellers indicates strong demand and a corresponding lack of animals — particularly experienced “>jumping ponies — in the south-east.

But those based in the north and Scotland are finding it harder to sell similar types. One vendor based in the Borders said that even dropping the price of her pony by 20% had not helped to sell it.

“Ironically, I had buyers saying the pony looked perfect, but they didn’t want to travel more than two hours because of cost — yet the price drop of £1,600 would have more than covered their travelling costs,” she says.

More than one dealer H&H spoke to felt the current conditions benefit established dealers.

Jane Beswick, whose Pebbly prefix horses and ponies regularly appear in H&H reports, said: “I think people are finally coming round to seeing the sense in buying quality young horses from a reputable source rather than older horses with baggage.”

This news story was first published in Horse & Hound (18 August, 2011)

How much is a horse worth?

Horse & Hound — Wed, 22 Dec 2010 14:46:36 +0000

Horse & Hound adds video to horses for sale adverts

Horse & Hound — Thu, 18 Nov 2010 14:20:01 +0000

In the latest upgrade to our new and improved online advert booking system, advertisers can now choose to include a YouTube video as part of their horse for sale advert.

Videos can help advertisers show their horse’s talents to potential buyers in a way that is more engaging and effective than still photographs.

Regular H&H advertiser Tina Trundle is delighted that H&H is now offering videos.

“I’ve found video to be a very useful tool when selling horses,” said Tina, who is based in Nottinghamshire. “In the past few weeks I’ve sold horses to buyers in Scotland and Jersey. I don’t think those buyers would have travelled that distance to try the horses without seeing a video first.”

Videos are available for free for all horses advertised for over £5,000, with a charge of £10 added to the advert price for cheaper horses.

Adverts with videos are identified by a special video icon and website visitors can choose to view only adverts with videos by using the filters.

Other improvements include advertisers being able to assign their horses to up to five different “types” (eg: dressage, eventer, hunter, allrounder) to increase the likelihood of their advert being seen by the right potential buyers.

They can also choose to advertise in H&H’s sister titles Horse and Eventing with just a click of their mouse.

Book a video advert

View horses for sale with videos

Ask H&H: claiming money from a bankrupt dealer

Horse & Hound — Fri, 08 May 2009 16:41:02 +0000

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More legal advice on selling your horse

Q: Last year I sent my dressage horse to a reputable horse dealer to be sold for £13,000. Three months later, the horse was still not sold, so I asked if I could collect him.

However, when we arrived, we discovered the horse dealer had left the premises. No phone calls were returned, and I later found out he’d changed his name.

I then received a letter from his solicitor stating he had gone bankrupt and that I was listed as a creditor as he had sold our horse for the agreed amount.

After searching for the horse, we discovered he’d been sold through another horse dealer. Do we have any right to claim the horse back or do we just have to wait and hope that we receive the £13,000 through the administration process?

JG, Dorset

In this situation, it would appear you have a claim attached to the proceeds of your horse’s sale.

“It seems from your question that the horse was actually sold before you attempted to terminate the agency relationship, so the onward sale is probably a red herring,” said Mike Pavitt of solicitors Blake Lapthorn. “In any event, you cannot recover the horse from an innocent purchaser. Your claim attaches to the proceeds of sale.

“On the face of it — subject to the terms of your agency agreement — the horse dealer held the proceeds (net of commission) upon trust for you. You may therefore be able to claim that money if it can still be identified, and has not been mixed with other funds.

“The horse dealer’s insolvency does not necessarily mean the office holder has no funds, just that creditor claims exceed those funds,” said Mike. “If the funds have gone or been mixed, you will have to stand in line as an unsecured creditor. We therefore suggest you take specific legal advice.”

How do I claim my money?

In cases of bankruptcy, there is a hierarchy of fund allocation, with secured creditors who have a claim on collateral, for example the dealer’s mortgage provider, being first in line.

When a third party sells a horse for you, as in this case, it is vital to get a formal agreement in place.

In the event of making a claim as a creditor, the claimant would need to show they had a “fiduciary relationship” with the insolvent person, meaning they were accountable to you in terms of any sale proceeds. A signed agreement would be proof of this relationship.

Anyone who thinks they are a creditor in cases of bankruptcy or liquidation should contact the official receiver at the Insolvency Service to make sure they are listed as a creditor.

The Insolvency Service website has further details of what to do when an individual who owes you money goes bankrupt.

Information

Blake Lapthorn, tel: 02380 857028 www.bllaw.co.uk

Insolvency Service www.insolvency.gov.uk

This Q&A was first published in Horse & Hound (30 April, ’09)

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Ask H&H: giving a refund on your horse

Horse & Hound — Wed, 22 Apr 2009 11:55:09 +0000

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More legal advice on selling your horse

Q: In September 2008 I sold my colt. His passport was changed to the new owner, and an arrangement made that he would stay with me until gelded by my vet, for which I would bear the cost.

However, my vet discovered a sarcoid on his sheath, so the gelding did not proceed. The colt had no further treatment and now the purchaser is requesting the return of the purchase price. Where do I stand?

BA, Borders

It is not uncommon for both parties to agree that certain events will take place before physical possession of the horse is transferred.

“The question that arises, however, is whether the contract between the parties becomes conditional on those events actually taking place,” said Stuart Farr of Laytons Solicitors. “If they don’t take place, the whole contract could become void, or unenforceable.”

Richard Brooks of solicitors Withy King agrees.

“There is a contract here, albeit an oral, not a written one,” he said. “Much depends on whether the contract was concluded on the proviso that the colt was gelded. Did the seller say, in effect, ‘I will buy the colt as long as you geld it?’. If that is the case, the fact that it is not gelded means the seller is not able to satisfy their part of the bargain and cannot force the buyer to pay.

“In legal terms, the contract has been ‘frustrated’ by circumstances nobody anticipated, and both parties should be put back in the position they were in before the deal was done.

“On the other hand, if the gelding operation was discussed only after the purchase contract was concluded, then the question becomes whether the sarcoid is sufficiently serious to constitute a breach of contract,” said Richard.

“If the colt was ‘sold as seen’ then the buyer must buy. Not many sales actually fall into that category because it is only natural for parties to discuss the horse. This means the quality of the horse has to match the words used. A relatively minor sarcoid that affects neither health nor performance is unlikely to constitute a breach of contract.”

“The process of committing any sale agreement to writing is vital and can provide much needed certainty in less straightforward cases, for example, where several things need to be actioned before the horse is delivered to the purchaser,” added Stuart.

Information

Withy King, tel: 01672 514781 www.withyking.co.uk

This Q&A was first published in Horse & Hound (16 April, ’09)

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Ask H&H: buying a horse with kissing spines

Horse & Hound — Mon, 13 Apr 2009 13:04:39 +0000

Q: I am a horse dealer and give a 28-day warranty to allow purchasers time to try a horse. I sold one and three months later the new owner demanded her money back, as the horse has kissing spines.

The horse had passed a five-stage pre-purchase vetting and I feel that, by taking the horse back, I will look guilty and it will affect my reputation.

RA, Lincolnshire

A: The symptoms of kissing spines can be subtle,so it can be difficult to diagnose.

The five-stage pre-purchase vetting is there to allow the vet to offer his opinion on whether the horse is likely to be fit for purpose at the time of examination, rather than excluding all possible abnormal conditions that might be present.

Therefore, if a horse did not show any back problems under saddle or during the vet’s examinations, prompting further X-rays and nerve-block type tests, the horse would quite likely have been assessed as “suitable for intended use’.

“A number of conditions are difficult to identify and asymptomatic abnormalities such as kissing spines are problems that can be present at the time of examination, but still undetectable without recourse to further testing [such as X-rays],’ said vet Deborah Pett MRCVS of Cinder Hill Equine Veterinary Clinic in Sussex.

“Anyone purchasing a horse must accept a degree of risk.”

In terms of the Sale of Goods Act (SGA): “When a horse is sold as part of a trade or business, the SGA 1979 (as amended) will imply certain terms into the contract for sale,” explained Stuart Farr of Laytons Solicitors.

“The most common terms relate to the description applied to the animal – that it should be fit for its purpose, and that the horse should be of satisfactory quality.”

Provided the person buying a horse can establish that a seller has breached a term implied by the SGA, they may be entitled to reject the horse and request a refund. However, they must complain within a “reasonable time”.

“What constitutes a reasonable time depends on the circumstances of each case,” said Stuart. “Nevertheless, where a full pre-purchase vetting is carried out and a warranty is given, there would appear to be strong grounds for arguing that a four-week period is sufficient for the buyer to reject the horse and request a refund. Anything beyond that would suggest that the problem being complained of was not present at the time of sale.

“This might depend on the nature of problem with the animal. In most circumstances, however, taking three months to complain would be too long, and would not entitle a buyer to reject the sale and demand their money back.”

Information

Cinder Hill Equine Veterinary Clinic www.cinderhillequinevets.co.uk

Laytons Solicitors, tel: 0161 834 2100 www.laytons.com

This Q&A was first published in Horse & Hound (2 April, ’09)

Ask H&H: pony rejected as unsuitable

Horse & Hound — Mon, 22 Dec 2008 12:29:23 +0000

Q: I bought a kind, talented pony for my daughter to play polo on at school level. A year later, my daughter gave up and I sold the pony to another polo player.

Now, two years on, I have received a county court claim form telling me that, in his view, the mare was not as described — she was difficult to play and could only be used as a hack — and she’d been put down after she got an infection.

He is claiming £3,000 for the mare and £85 for his costs. Where do I stand?

MT, Sussex

Claims for breach of contract, such as this, can be brought within six years of the alleged breach.

“The purchaser could ordinarily either reject the pony and seek his money back or seek damages,” said Elizabeth Simpson, senior solicitor at law firm Andrew M Jackson. “If the former, this must be done promptly and two years appears an unreasonably long time. Had the pony lived, I would not expect such a claim to succeed.”

“The fact that he also allowed the pony to be put down before raising any question over its suitability for polo will, potentially, impact heavily upon the merits of his case,” said Eleanor Temple, barrister from Kings Chambers in Leeds. “Fellow polo team members, their parents or a team trainer may be able to provide helpful witness evidence from the time your daughter rode her.”

Relevant polo club records from the date of the sale of the pony could also establish when and why the pony stopped competing.

“I would also be interested in seeing the pony’s veterinary records between sale and destruction,” said Eleanor.

The purchaser may have a claim for damages if he can prove representations made about the pony were false and that he has suffered loss as a result.

“If no pre-action letter was sent to you and the proceedings were the first you knew about the matter, this would not find favour with the court as litigation should be a last resort,” added Elizabeth Simpson. “The claim is likely to end up in the small claims court where neither party could expect to recover their legal costs, if any.”

Information

• Andrew Jackson, tel: 01482 325242 www.andrewjackson.co.uk

• Kings Chambers, tel: 0113 242 1123 www.kingschambers.com

This article was first published in Horse & Hound (18 December, ’08)

Ask H&H: refund on a horse

Horse & Hound — Mon, 28 Jul 2008 17:51:32 +0000

Q: MY daughter recently sold a six-year-old mare. The purchaser tried the horse twice before deciding to buy and brought an independent adviser with her. The purchaser paid cash for the horse and the next day phoned my daughter to say the horse was very unsettled in its new yard. It had run through some electric fencing, and as a result had been stabled, where it failed to settle.

By the end of the week the purchaser decided she no longer wanted the horse as the livery yard had told her to leave. My daughter is not in a position to re-purchase the horse but agreed that the horse could temporarily return to our livery yard and she would re-sell the horse for her. The purchaser signed a livery contract with our yard owner.

She claims that as she has returned the horse within seven days she is entitled to her money back, including £80 paid for a week’s livery.

The horse was sold as seen, with no written contract. The horse can be a bit bolshy, but this was pointed out to the purchaser before she bought it.

JL, Cornwall

WE asked Stuart Farr of Laytons solicitors how your daughter should proceed in these circumstances.

“Assuming your daughter sold the mare in a private capacity, and not as part of a business, the usual conditions under the sale of goods legislation (which require the horse to be fit for its purpose and of satisfactory quality) will not apply,” he explains.

“In private sales the purchaser’s statutory right to challenge the deal is usually on the basis that the animal does not comply with the description applied to it. In this case, your comment that the purchaser tried the horse several times and the mare’s characteristics were spelled out clearly beforehand would suggest that a claim based on misdescription would be more difficult to argue.”

Many horses become unsettled when moving to a new home and Stuart believes a couple of days was probably insufficient for a new owner to allow a horse to adjust to its new environment. He also believes that the purchaser’s wish to return the horse could have been motivated by her exclusion from the livery yard rather than any breach of contract or wrong-doing when selling the horse.

“Simply being unhappy with a purchase, strictly speaking, is insufficient to allow a purchaser to reject it unless it is done by mutual agreement,” says Stuart.

“From what you say, it is debatable whether the horse has been rejected anyway — the purchaser has signed a new livery agreement and apparently agreed that your daughter will help her re-sell the mare. It is even arguable that by electing to choose this remedy, as opposed to simply returning the mare and leaving it for you or your daughter to deal with, the purchaser has now lost the right to reject.

“It is not clear what the purchaser is saying your daughter did wrong and so a purchaser’s demands for reimbursement in these circumstances should be questioned,” adds Stuart.

“If they persist you should consider taking legal advice on the matter.”

Information

Laytons Solicitors Tel: 0161 834 2100 www.laytons.com

This Q&A was first published in Horse & Hound (28 December, ’07)

Ask H&H: do I have redress after my horse failed a vetting?

Horse & Hound — Fri, 25 Jul 2008 10:42:27 +0000

Q: I recently found a buyer for my daughter’s pony. However, the buyer’s vet failed her on a flexion test and they withdrew from the sale. I was concerned because the pony had previously shown no signs of lameness.

I asked my own vet to do flexion tests all the way round but he could find nothing wrong. He commented that any horse could be made lame if you tried hard enough, and that the buyer’s vet was known locally for failing a large percentage of horses.

I contacted the buyer, but they had already found another pony. Do I have any redress against the vet concerned, and what can I do to prevent the same thing happening again?

GE, Carmarthenshire

A: H&H asked Richard Brooks, partner in solicitor Withy King’s racing and bloodstock team, for his advice.

“Graham Fletcher’s comments (28 February) and the correspondence on this subject demonstrate the huge conflict of interests,” he says.

“The bar has been raised for vets by buyers who do not want, or cannot afford, the risk of purchasing a horse with pre-existing problems. Gone are the days when vets would only be asked to check the eyes, heart and testicles.”

Richard believes a complaint against the vet by the pony’s seller is unlikely to be successful.

“The vet has a contract with the person paying him — presumably the buyer,” explains Richard.

“The vet’s duties will not extend to the seller. Even in the unlikely event that a seller is paying for the vetting, it is, by definition, for the benefit of the potential buyer and no one else. The only option in this case seems to be to ensure a different vet is commissioned next time.

“Vets are wary of being sued for negligence, although the fact of the matter is that suing a professional such as a vet is no easy task,” says Richard.

“It is not good enough for the complainant to show that another vet would have acted differently. The complainant must show that no reasonable body of vets would have acted in the same way. That is a difficult hurdle to overcome. Pre-purchase vettings only require the vet to assess suitability ‘on the balance of probabilities’.

“With all this in mind, vets might be encouraged to disclose in writing anything that might be relevant to the buyer with a sensible assessment of the risk. Complaints from buyers often seem to be the result of a lack of information rather than actual negligence.”

Information

Withy King Tel: 01672 514781 www.withyking.co.uk

This Q&A was first published in Horse & Hound (13 March, ’08)

Ask H&H: legal protection for horse dealers

Horse & Hound — Tue, 22 Jul 2008 17:21:28 +0000

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Q: I am a small-scale horse dealer, selling five to 10 a year. I am increasingly frustrated by our litigious society, in which people threaten to take horse dealers to court on a whim.

One buyer complained that the horse she’d bought from me was dangerously kicking its stable each day, and had become unmanageable. She threatened me with court action.

I went there to find the horse was being left stabled long after its companions had been turned out, and was stressed and suffering from anxiety. The buyer’s actions and management were affecting the horse, which I’d sold in good faith. What can honest sellers to do protect themselves?

KK, Northants

Richard Brooks, partner at law firm Withy King, said a seller, whether selling privately, or for business, can protect himself by drawing defects — old known injuries, stable vices or schooling issues, for example — to the buyer’s attention before the contract is made.

“A seller has some protection from being sued under the Sale of Goods Act 1979 in relation to any defects a pre-purchase vetting ought to reveal, whether the problems are actually identified or not,” said Richard.

However, it is not the obligation of the buyer to obtain a pre-purchase vetting.

“If the buyer simply relies on what the seller tells him, then the seller cannot defend himself by saying that a vetting would have identified the problem,” explained Richard.

“So, ironically, if the buyer has a vetting, the seller is better protected. Of course, if the vet spots a significant problem, then the buyer will presumably not proceed with the deal. If, on the other hand, the vet misses the defect when it ought to have been detected, the rights of the buyer against the seller may be prejudiced. On the basis that most people would sensibly prefer to avoid disputes and litigation, the pre-purchase vetting remains a very sensible option for all parties.”

Horse dealer Richard Barrett of Radwell Farm in Buckinghamshire understands that, under the Sale of Goods Act, he must demonstrate “fitness for the purpose supplied” when selling a horse.

“I go to great pains to ensure I know the horse before it is sold — riding, jumping, hacking and schooling — so I know as much as I can about it, and then when I sell it, the transaction is based on the current situation,” Richard said.

“My receipts state ‘sold as seen, ridden and approved’. If the horse is seen to have a vice, this will be stated and probably reflected in the price.

“Although I have to demonstrate that a horse is fit for the purpose, about eighty per cent of owners over-estimate their own experience, and the level of competition they’d like to reach. There’s a real problem with horses being rejected as unsuitable after a sale because of this.

“Sellers should also be careful with their advertisement wording — do not state that a horse will affiliate in show jumping, for example — state that it could affiliate. Try to make sure you are as honest as possible and that the buyer is clear about what they are purchasing.”

Information

Withy King Tel: 01225 425731 www.withyking.co.uk

Radwell Farm Tel: 01908 584741 www.radwellfarm.co.uk

This Q&A was first published in Horse & Hound (1 May, ’08)

Looking for a horse dealer?

Need legal advice on selling your horse?

Selling a horse: Oral contracts

Horse & Hound — Wed, 27 Jun 2007 15:52:48 +0000

Q: I agreed verbally to sell a pony to a lady living approximately 100 miles away, sight unseen. However, en route to deliver the pony to her, I decided not to go through with the sale, as it had upset members of my family and I hadn’t seen where the pony would be kept. I returned home and telephoned the buyer to say I had changed my mind. I then received a letter threatening legal action if I did not complete the sale, as I had entered into a verbal agreement with the lady. She had incurred no costs and did not pay a deposit nor lose any time viewing the animal. I sought legal advice and most solicitors told me she was entitled to pursue the claim, as the verbal agreement was binding. I am fighting the case. Is the law really on her side?

H&H asked Stuart Farr of Laytons Solicitors for his response.

“Your case highlights the risk to anyone who might agree to sell a horse and then has a change of heart, for whatever reason,” says Stuart.

“The basic requirements that give rise to contracts, whether written or oral, are the same in virtually all cases. In broad terms, the essential elements of a contract will be present where an offer to sell is made, which is then accepted by the buyer, resulting in either a sale or an agreement to sell.

“There must be a promise to give something in return for the sale — this is often the purchase price, but sometimes there may be an exchange of other horses or goods in return.

“Furthermore, there must be an intention to create legal relations. If these factors are present, strictly speaking it doesn’t matter if the contract is written or oral, attempts can still be made to enforce it, unless both parties agree that the sale

won’t happen.

“However, proving that an oral contract exists and accounting for the losses that flow from its breach can present different challenges for any claimant. Further, only in certain circumstances can a contract be set aside [cancelled] or declared void or unenforceable.

“The dangers of entering into oral rather than written contracts are obvious, but the practicalities of life mean that we all have to make oral contracts — buying a newspaper from your local store is a useful example. When it comes to buying and selling horses and ponies, however, the importance of a written agreement cannot be stressed enough.

“If the seller has any doubts as to what to include in the contract, there are various sources of help available. It is possible to make a contract conditional on certain things happening or being done — for example, if the seller first wishes to assess the environment in which the animal will be kept, this can be built into the contract.

“It would be inappropriate to comment specifically on the facts of your case while legal proceedings are still in existence, but I would strongly recommend that you continue to seek legal advice.”

For expert legal advice contact Stuart Farr, Laytons Solicitors (tel: 0161 8342100) www.laytons.com

Ask H&H: Buyer sold horse on with a false description

Horse & Hound — Mon, 12 Feb 2007 11:57:32 +0000

Q: Last summer, I sold my lovely 14-year-old mare to someone who placed an ad in a magazine asking for a companion for their ex-show jumper. My mare had broken down badly and, although she was sound in the field, she was never to be ridden again. The ad said the horse was not for riding. The buyer confirmed this verbally and assured me she would have a lovely farm home and be stabled in the winter.

I have now found out that within two weeks the buyer had advertised the mare as a 10-year-old riding horse and sold her on without her passport. She was then sold again as a competition horse and is now lame. Do I have a case against the person I sold the mare to? The mare was very special to me and I would like to get her back and see justice done.

A: Unfortunately, once a horse is sold the seller has very little, if any, control over what a new owner does with it, unless both parties have signed a contract of sale stating what the horse is to be used for.

“Legal title will have passed on, and any problems that may arise in future sales can only be resolved between the person to whom you sold the mare and the subsequent owners,” explains Stuart Farr of Laytons Solicitors.

“If the buyer has bought and sold animals frequently enough to fall within the definition of a trade or business, however, the subsequent purchasers will have greater consumer protections available to them including the right to claim that false trade descriptions have been applied to the mare or possibly that the animal is not fit for its purpose,” adds Stuart.

“In that event, it would be open to you to report the buyer to Trading Standards and to the appropriate local authority for selling her without a passport, which is now unlawful.

“If you are attached to a horse and wish to maintain some control over its future, it is worth considering drawing up a contract of sale or providing the animal as a companion under a loan agreement, rather than selling it.”

Rachel Fairhead, a member of the Redwings welfare team, advises owners wanting peace of mind that their horse is going to a good home to take as many precautions as possible to reduce the risk of it falling into the wrong hands.

She says: “Some owners might want to consider arranging a short-term loan, with a view to buy or signover after a set time period if everybody involved is happy. Keeping in regular contact and putting a contract in place is also recommended strongly.

“Selling at a low price or giving a horse free to a good home isn’t advisable, as this can attract someone looking to make a quick profit by selling it on. There are good, caring homes out there and setting terms for a potential new owner is the best way to test their commitment.”

Rachel also advises getting clarification of the term “companion”, as it could apply to both a ridden and non-ridden animal.

For equine legal advice, call Stuart Farr at Laytons Solicitors (tel: 0161 834 2100)
www.laytons.com
Redwings’s website, www.redwings.co.uk, has information on loaning (tel: 01508 481000)

This Q&A was first published in Horse & Hound (11 January, ’07). Send your equine related questions to HHadvice@ipcmedia.com

Sellers warned about internet scams

Horse & Hound — Tue, 02 Jan 2007 09:23:51 +0000

Increasing numbers of advertisers have contacted Horse & Hound after being approached by individuals involved in attempted internet-based scams.

Some horse owners who have advertised their animals online have received dubious offers from “buyers”. The buyers (almost always based overseas) promise to send a cheque that more than covers the cost of the horse and shipping, before asking the vendor to wire the excess amount back to their “agent”. The cheques, if they arrive, bounce.

“No one buys a horse unseen, so it rang alarm bells straight away,” said Maria Featherstone, who was contacted by “Bobby” via e-mail after advertising her Thoroughbred mare for sale.

She explained: “He said I was not to stress myself with worry about shipping — he would arrange it all. His accountant wanted my bank details so he could pay by banker’s cheque. I e-mailed him back saying: ‘You must think I’m stupid.’”

Ian Crofts received an e-mail from a Dr Bill McDonalds after advertising his dark bay Dutch dressage gelding for sale. In faltering English, Dr McDonalds offered to send a cheque for £24,750, from which Mr Crofts should deduct his payment of £19,750 and then “wire the excess amount to my shipping agent via Western Union money transfer”.

Mr Crofts forwarded the e-mail to the Office of Fair Trading (OFT). However, the OFT has no powers to assist individual consumers in their private disputes. Mr Crofts was advised to contact the internet service provider (ISP) from where the scam e-mail originated, and also to consult the police. The ISP concerned, Yahoo, said it had taken “appropriate action” against the account in question.

As no money or goods had been exchanged in either of these cases, no crime had taken place, explained police community support officer Mark Douglas, who advised Maria Featherstone.

He said: “The internet is quite often used for stuff like this, but sending these e-mails isn’t a crime in itself. Our advice to anyone selling anything is don’t hand over any goods until you’re happy that the payment has been made. And remember, if it seems too good to be true, it probably is.”

There is very little data available on the number of people who fall prey to these scams as they usually go unreported.

Andy Williams, H&H’s classified advertising manager, said that although these bogus buyers are a small minority, certain precautions are advisable.

He reasoned: “We always tell advertisers to ask for ID and a landline number. This way, if something does go wrong you can find the buyer.”

Both parties should sign a receipt, Mr Williams added, and online payments are both the quickest and safest method of transferring money.

Readers have reported experiencing problems advertising on numerous sites, including horseandhound.co.uk and The Pony Club.

“We do as much as we can to protect buyers, but we provide a platform for people to advertise their horses and there’s only so much you can do,” admitted Pony Club press officer Candy Burnyeat.

The New Forest Pony Breeders and Cattle Society and Irish Draught Horse Society websites also include e-mails from advertisers who have been approached by suspicious buyers.

The scams are not confined to equine advertisers. AutoTrader is the biggest-selling car magazine in the UK, advertising around 350,000 cars per issue.

“Criminals do use AutoTrader, so we have a whole set of precautions and initiatives in place to try to discourage them and prevent crime, including an online crime centre,” said Karen Hughes, the magazine’s media consultant. “It’s a small minority of people praying on car buyers or sellers. It is essential to use your common sense.”

Could your buyer be bogus?

Be wary if:

The buyer is overseas, wishing to buy sight unseen
The English in the e-mail is poor
Is the phrase last price or best price included?
Is the buyer proposing to send you MORE than the cost of purchase and shipping?

Better to:

Insist on exact payment only
Request a phone number and address
Under no circumstances, part with goods until payment has COMPLETELY cleared
Alert the internet service provider (ISP) from which the e-mail was sent

For more information and advice on the issues raised in this article, visit:

www.horseandhound.co.uk/horsecare/buying/tag/Horse_buying_scams

www.oft.gov.uk/Consumer/Scams/default.htm

www.autotrader.co.uk/CARS/selling/dealing_with_buyers.jsp

This article was first published in Horse & Hound (28 December, ’06)

Costs of £50k expected in bute case

Horse & Hound — Thu, 02 Nov 2006 11:07:23 +0000

A successful show rider has been ordered to pay damages of £5,653.64, plus costs — which are expected to be in excess of £50,000 — after putting a horse that was on bute forward for a pre-sale vetting. A judge ruled that she had acted “dishonestly and fraudulently” by administering the drug prior to the veterinary examination.

Mrs Annette Hance sold Rich Champion, her lightweight show cob gelding, to Mrs Gerry Spencer for £8,000 in October 2004. Shortly afterwards, the previous top amateur British Show Hack Cob and Riding Horse Association winner was found to have a distinct shiver and hindlimb irregularity; subsequent veterinary investigations confirmed a degenerative bone spavin.

The horse had undergone a five-stage pre-purchase vetting, and when the blood sample was tested subsequently, it was found to contain phenylbutazone, or bute.

As the medical conditions were likely to prevent Rich Champion from further show ring success, Buckinghamshire-based Mrs Spencer instructed equine specialist Darbys Solicitors to enter into negotiations for the return of the horse with Oxfordshire-based Mrs Hance’s solicitors, Ashfords.

Following an 18-month legal battle, no settlement could be agreed and the case went to court.

His Honour Judge Harris QC, sitting at Oxford County Court, dismissed Mrs Hance’s explanation that the analgesic had been administered accidentally when four identical feed buckets became confused as “an unlikely and untruthful explanation”. Having heard veterinary evidence from both parties, he concluded that the horse’s condition would have been evident before the examination had it not been for the presence of bute.

The trial took place in March, but Mrs Spencer is still waiting for costs to be agreed. If no agreement is reached, there will be a hearing in December when enforcement proceedings are likely to take place.

This news report was first published in Horse & Hound (2 November, ’06)

Ask H&H: Can I sell a horse that was given to me?

Horse & Hound — Fri, 27 Oct 2006 10:41:09 +0000

Q: I was given a Thoroughbred mare by my former employer because she had been injured and was no longer suitable for the sport he wanted to compete in.

The mare had been kicked in the field one winter and suffered a hairline fracture in one leg. When she came back from the veterinary hospital, her owner decided to advertise her as free to a good home.

I decided I would have her, so he dropped the mare off at my stables and said she was now mine. I offered to give him some money for her, but he refused. We did not draw up any sort of written contract.

I have had the mare for almost six years, and I no longer work for this man. I have now reached the point where I would like to sell the mare, but I don’t know where I stand legally. As there was no contract, could her former owner claim that the horse is still his?

Stuart Farr of Laytons Solicitors answers: “Strictly speaking, there is nothing to stop your former employer claiming that the horse is his. The real question is whether, in law, he might succeed in that assertion.

“The lack of a written agreement recording the transfer of ownership from your former employer to you does give rise to uncertainty in cases such as this. However, because you paid nothing for the horse and it was delivered to you without any apparent conditions or reservations attached, there is a strong suggestion that the horse was gifted rather than sold or loaned to you or simply placed in your trust. As such, you would appear to have strong arguments that legal ownership of the horse has been transferred to you.

“Your former employer’s conduct in having nothing to do with the horse for several years would also support your contention that he has relinquished or abandoned his rights of ownership in it. Given that you have now had the horse for some time, it is assumed you have applied for and obtained a horse passport. If so, not only may that be used as evidence to support your ownership of the horse, but it will also enable you to sell the horse without committing an offence under the horse passport regulations.

“The buyer can seek to take ownership of the mare from you in good faith, but if the former owner finds out you have sold the horse and wishes to raise a civil claim in the courts, his claim would normally be made against you as the seller and would probably not extend much beyond recovering the price you obtained (or, the higher market value of the horse, if he can show it was worth more than your buyer paid for it – which in this case appears unlikely).

“In some instances, provided it can be proved that ownership rests with the original owner, that person may apply to Court to have the mare delivered back to him. Obviously, this could place the purchaser of the mare in a difficult position having paid for and then lost the mare. It might also expose you to a claim from the purchaser in good faith for the return of the purchase price.

“In order to recover damages from you, however, the former owner will have to overcome the hurdle of proving that the horse was his and that you were simply holding the horse on his behalf either on some kind of loan or on trust. Before selling the horse, we recommend that you seek advice from a solicitor to see whether you might also have an alternative counterclaim against the gentleman for the cost of keeping the horse, should he be able to establish that it was his all along.

“Also, you should obtain legal advice on whether any claims or possible counterclaims either have or might soon become statute-barred due to the passage of time, thereby preventing them from being raised by or against you.”

First published in H&H, 19 October 2006

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The pair strongly recommended having a contract drawn up specifically for that particular sale, stressed the importance of disclosure in deals, and advised people to listen to their senses when ascertaining whether a horse and potential buyer may be a good fit.

“You wouldn’t be alone if you thought, ‘I don’t have a written contract, so I don’t have a contract’, but that is not actually correct,” said Ms Seddon. “When you have an offer, an acceptance, payment and delivery, that’s a contract.

“Now, whether or not you control all the elements within that contract is key. And if you assume you don’t have a contract, what you actually have is a contract formed of what you’ve said, what you’ve done, text messages, WhatsApp messages, the advert, any chat you’ve had.

“Effectively, the contract can be formed around the whole process around the dealing – unless you actually ensure that there is a sales contract.

She added: “A contract can never ever, ever replace a good working relationship with people, but it does enhance it.”

“You absolutely cannot contract your way out of the Consumer Rights Act [in situations where that applies],” added Ms Seddon. “There is not a thing we can do to get you out of what the statutory responsibility within that is.

“It is not fit for purpose in terms of equestrians, as it is designed for selling things such as washing machines, but it is the world we live in, it is the landscape we have and we can’t change it. That said, the best protection is always disclosure within a sales contract.”

“If you think that the buyer is not the right match, they probably aren’t,” she said. “It’s certainly better to lose a sale than end up in litigation about it. Finally, as a litigation lawyer, it’s always easier to defend you if you use a well-drafted contract.”

She added: “It’s important to be aware that if in any circumstances it’s not proportionate or not possible to get a proper contract drafted, any disclosures you can make in writing or important points that you can get in writing are going to help you.”

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Although Ms Agnew cannot comment specifically on cases, she has highlighted some general learnings – including some of the hidden pitfalls and steps people can take to avoid these.

The underlying theme was clarity; whether for a simple transaction or complex sales involving multiple horses, agents, sellers and other invested parties.

“Try to take a step back and ensure things are properly documented to the best and greatest extent possible. Be clear what the parameters of your personal responsibility are so as to limit your exposure to liability at each stage of a transaction,” Ms Agnew told H&H.

“The first and most obvious point is not misrepresenting what you are selling. Make sure the horse is fit for the purpose it is being sold for and be clear about whether it has any vices.”

In defining fit for purpose, taking a step back from a buyer’s hopes and seller’s (occasionally rose-tinted) view of the horse, to look objectively is vital.