Advice of trialing / buying first horse

[TopCat73]

I'm desperate for advice, I'll try and cut a long story short. I finally found a horse to buy for my daughter, price has all been agreed, stable ready to go and vetting arranged for tomorrow. Due to COVID we can no longer have the vetting done where the horse is currently stabled. I have managed to sort out a strangles test to be done so the horse can be moved to her new home where the vetting can be completed there next week.
The current owner has agreed that if the horse fails the vetting next week and we don't want the horse then she will just keep the horse at the yard we have moved her to.
I am concerned over the transition period of moving the horse before we are 100% on buying her.
Any advice on what kind of agreement I should get to ensure we are covered legally for the ownership of the horse and for the horse to be returned if the horse fails the vetting.
Thanks in Advance

 

[ihatework]

Are you expected to pay for the horse up front before the vetting?

 

[TopCat73]

no we aren't.
I have finally got them to agree on text that, the horse is our responsibility once the horse moves to her the new yard, and I pay a deposit. Once the vetting is done if she passes we pay and is ours, if she fails they take back responsibility and return the deposit.

 

[ihatework]

Okay, so the bulk of the risk is with the sellers who are letting a horse go out of their control.

From your perspective - the nanosecond the horse leaves the yard you are responsible for it. If the horse has an accident while in your care you could get into a nasty dispute. Make sure you have insurance from the outset. Unfortunately this will only cover accidental/external issues initially but it’s better than nothing. If the horse breaks its leg in the trailer on the way home is the expectation you pay the full value of the horse? If I was the owner that would be my expectation.

As for the vetting - there are grey areas. The certificate you get will say the vet either seems the horse suitable for your intended use or not. That is essentially the pass/fail bit. But many vettings would be a pass, but might have things noted in the comments section, eg sarcoid, lumps/bumps and this may vary between vets and may impact the insurance coverage you can get. What if the vet passes the horse but notes something that scares you off? Are you expecting a deposit refund?

 

[oldie48]

TBH I am a bit confused, are you having the pony on trial prior to the vetting? If you are then I'd talk to an insurer to explain the circumstances and get the pony covered on a temporary basis. I am assuming that you are not paying for him in advance of the vetting?

 

[TopCat73]

Okay, so the bulk of the risk is with the sellers who are letting a horse go out of their control.

From your perspective - the nanosecond the horse leaves the yard you are responsible for it. If the horse has an accident while in your care you could get into a nasty dispute. Make sure you have insurance from the outset. Unfortunately this will only cover accidental/external issues initially but it’s better than nothing. If the horse breaks its leg in the trailer on the way home is the expectation you pay the full value of the horse? If I was the owner that would be my expectation.

As for the vetting - there are grey areas. The certificate you get will say the vet either seems the horse suitable for your intended use or not. That is essentially the pass/fail bit. But many vettings would be a pass, but might have things noted in the comments section, eg sarcoid, lumps/bumps and this may vary between vets and may impact the insurance coverage you can get. What if the vet passes the horse but notes something that scares you off? Are you expecting a deposit refund?

 

[TopCat73]

thank you regarding the insurance advice, I will definitely get that sorted.

I hadn't considered the the deposit if the vet passes the horse but something noted causes concern. I'll look into either agreeing this issue with the owner or just taking the hit on the deposit.

I appreciate your advice thank you

 

[TopCat73]

TBH I am a bit confused, are you having the pony on trial prior to the vetting? If you are then I'd talk to an insurer to explain the circumstances and get the pony covered on a temporary basis. I am assuming that you are not paying for him in advance of the vetting?

The term trial has just been used as a comparison to the situation we have found ourselves in. We will have the horse under our responsibility until the vetting can be done which will be less than a week and we are only paying a deposit to move the horse yards.