Buying a horse can be a tricky business. Lesley Tate speaks to the specialist lawyer Michael Bower about the pitfalls and what can be done to ensure any purchase is as trouble-free as possible.

A very canny woman I once knew, who happened to be the wife of a senior clergyman, was a breeder and dealer of horses. When advertising in the esteemed Horse and Hound she would always include the line that she was the wife of a canon – the implication being that she was entirely trustworthy. The truth was rather different.

I’m not saying she was entirely bent, but the horses she ‘passed on’ were not always as bomb proof as she claimed. That was indeed many, many years ago, and one might have imagined that the buying of horses was no longer such a tricky business.

But only recently, I was talking to a woman about how the horse she had just paid several thousand pounds for looked very much like it had a long-standing complaint that had rendered it lame. It appeared the horse had been given a strong pain killer when she had bought it and it was only some weeks later the problem had surfaced. She was quite heart-broken, not only because of the great loss of money, but because it very much looked like her dreams of a promising horse had been dashed.

Michael Bower, a senior partner in Keighley-based Turner and Wall solicitors, specialises in equine law. As a keen horseman, he understands the issues and complexities of finding the horse you believed was the answer to your dreams, might just not be quite what it seemed.

Michael, who gives talks on what to look for and what steps to take when buying a horse, says first up, people should be clear about what they want and expect the horse to do. They should be clear about what temperament they expect and its physical ability. Once that is established, when you go to see a horse, take someone you trust, who has the appropriate expertise, and someone who is able to see through the sales pitch – as well as able to give an honest opinion. How many people have bought a horse for its looks, when really they would have been better off with a staid cob?

If, when you arrive you find the horse is being worked – lunged or ridden – or is in a stable, but is obviously warm, or has sweat marks, then you should immediately ask why. You should always ask about its background, its experience, temperament and age, and ask why it is being sold. If the horse is at a dealers, then ask how and why it came to the dealer. Ask to see the horse’s passport and make a note of previous owners.

Michael advises seeing the horse being handled in and out of the stable – watch how it reacts in different situations and look out for anything suspicious. Does its handler look relaxed, or tense, frightened even? Watch the horse being rugged up and loaded and ask how it is being shod and clipped.

“It doesn’t do any harm to ask for this to be demonstrated, ask people to get their clippers out, if there is no problem, they won’t mind,” says Michael. “You can also ask to see the horse being trotted without its saddle on to see how it behaves and how it moves, without any human intervention.”

Of course, potential buyers should also watch the horse being tacked up and he strongly urges the owner or jockey be seen riding the horse, before you do. “You should see it worked through all its paces and if you are looking to jump it, this should be demonstrated at a level appropriate to the horse’s age and experience.”

Horses should always be seen for a second time, and if possible, arrangements made to take it away for a trial period – after first being clear about the terms of the arrangement. Of vital importance is a pre-purchase examination or five stage vetting by your own vet, or an independent one.

If you move to purchase, ask for a written description of the horse and all the information given verbally, such as its history and temperament, also keep a copy of the advert, any invoices and agreements. Finally, “do not pay for the horse, or put down a deposit until you are certain you wish to proceed, as any deposit, no matter how small, can be legally binding,” says Michael.

Once you’ve got the horse home and settled, you might find it is not all that it was cracked up to be. It might not go beyond the end of the drive, despite being described as a bombproof hack, it might have an underlying condition you were unaware of, or it might display symptoms of wind-sucking. You might also find that the details on the passport fail to match the horse itself.

“Always remember, a change in a horse’s environment, routine, feed and owner can be extremely stressful and this in itself can cause changes in behaviour which may resolve themselves in a few days,” says Michael. “It is always advisable to notify the seller and discuss these changes or any other issues as soon as possible, and keep a note of the conversation.”

If the issues cannot be solved and a dispute arises, if from a private individual, seek appropriate legal advice. But be aware, you will need to prove that the seller did not make you aware of a problem they knew about, or should have known, that they misrepresented or described the horse inaccurately and as a result, you incurred a financial loss. A breach of contract could result in a full refund, plus any expenses.

“But, these cases can often be very complex and expensive, in some cases it will be possible to agree a settlement avoiding the need to incur the expense of going to court,” says Michael. “People need to consider the price they paid for the horse against the cost of litigation.”

Buying from a professional seller or dealer is slightly different, but if a dispute arises, it is also wise to start with seeking legal advice. “A professional shouldn’t have any issues in taking a horse back, if it has behavioural or health issues. Normally, they should offer a more suitable horse or refund the full amount of the price paid,” says Michael.