Horses for sale

A.  Commercial Sales

• On 1 October 2015 the Consumer Rights Act 2015 came into force.
• It reintroduced many of the rights previously available under the old Sale of Goods legislation.
• The Act also provided more extensive rights to a “consumer”,
  • “an individual acting for purposes that are wholly or mainly outside their trade, business, craft or profession”.
• When purchasing from a “trader”,
  • “a person acting for purposes relating to their trade, business, craft or profession”.
• “Goods” which include horses must be:
  • of “satisfactory quality”,
  • “fit for their particular purpose” and
  • “comply with their description” and
  • a Consumer Contract “is to be treated” as including such terms.

1. Satisfactory Quality

• • The quality of goods is deemed satisfactory, if they meet the standard that a reasonable person would consider satisfactory.
  • This needs to take account of any description of the goods, the price, and all other relevant circumstances.
  • The quality includes the state and condition of the goods and where appropriate:
    • their fitness for the purpose for which goods of that kind are usually supplied,
    • their appearance, finish, freedom from minor defects, safety and durability are all material aspects.
  • The protection of “satisfactory quality” does not cover anything which is specifically drawn to the consumer’s attention before the contract is made, or where the consumer examines the goods before the contract is made, or something which that examination ought to reveal.

2. Fitness for Purpose

• • If before the consumer agrees to buy the goods he/she makes known to the trader any particular purpose for which the consumer is purchasing the goods, the contract is treated as including a term that the goods are reasonably fit for that purpose, whether or not that is a purpose for which goods of that kind are usually supplied unless the consumer did not rely, or it was unreasonable for the consumer to rely, upon the skill or judgement of the trader.

3. Description

• • The goods must also correspond to any pre-contract information about the main characteristics of the goods which the trader provides to the consumer.

4. Consumer’s Rights

• • Where the goods “do not conform to contract”  because of breach of the terms as to quality, fitness for purpose or description the consumer has the following rights:

1. 1. 1. a right to reject the goods within 30 days,
      2. a right to have the goods replaced,
      3. a right to a price reduction or a final right to reject.

• • If the goods do not conform to contract at any time within 6 months from the date of delivery they are taken not to have conformed on the date of delivery unless the trader establishes otherwise.