As a lawyer, I am often asked by newcomers to riding lessons what a buyer’s legal rights are when purchasing a horse. You are governed by contract law as defined in your state. It is imperative to have a contract in writing so that your agreement is less ambiguous and easier to define.

Generally speaking, and one of the most important riding lessons is that the buyer buys a horse “AS IS”, which means that you, the buyer, have a duty to examine the horse prior to purchase. Any unrecognized defects found after purchase are not grounds for action to sue the seller. It really is a “buyer beware” situation!

Of course, any agreement may change the “as is” nature of the transaction. You can include in your purchase contract, for example, that the horse is 8 years old and suitable for a child to ride. If you later find out that the horse is 15 years old and was used by the seller like in gymkhana events, you may very well have a cause of action against the seller!

1. The more you can get in writing, the better. At a minimum, you should expect to receive a bill of sale identifying the horse with its name, age, breed, color, sex, and any other identifying traits that distinguish it from another horse. If any of those elements of the contract are later found to be untrue, you may have a cause of action if the breach is material. For example, if the horse is said to be 6 years old and is actually 5 years old, you may not be harmed in the eyes of the law. If the horse is said to be 6 years old and is actually 18, you would be at a loss because you are buying a horse whose lifespan is significantly less than you expected.

2. If you can prove (that’s the hard part) that the seller committed fraud, you can beat a written contract just like other civil contract cases. However, fraud is difficult to prove because it requires you to show that the seller made an intentional misrepresentation designed to get you to buy the horse. For example, if the seller knows that the horse has navicular disease, but tells the buyer that he is completely healthy, the buyer has a cause of action if he can prove that the seller was aware of that fact.

3. In addition to the written contract, also look at the advertisement the seller has posted. The ad could contain specific statements that could be construed as part of the deal. For example, a buyer who bought a horse advertised as “no vices” could probably successfully sue the seller if, immediately after purchase, the horse turns out to be a lousy sieve. Even if the contract says you’re buying the horse “as is,” the written notice would probably still give the buyer recourse.

4. If the seller has a specific higher duty for you, then you too can appeal. If the seller was also your instructor, they have an affirmative duty to help you purchase the correct horse beyond the seller’s normal contractual obligations.

5. Determine if the seller is subject to the UCC? The Uniform Commercial Code governs the sales of goods by “merchants.” In the horse business, a trader would be someone who earns a regular income from horse transactions, such as breeders and stock agents. If the UCC applies, then the transaction will come with two implied warranties: merchantability and fitness for a particular purpose. This will mean that regardless of the contract, the horse must be reasonably sound and sound, as well as fit for the buyer’s purpose. These can only be excepted if this is done in writing in the contract. So, look up that language!

Do not lose your head when buying a horse. This is the first riding lesson that everyone should learn! Think things through and get it all in writing!

For more information on contracts, visit http://www.horsebacklessonsguide.com or http://www.equestrianriderguide.com