WHAT YOU NEED TO KNOW ABOUTEQUINE LAW

Protecting Yourself and Your Horse During a Trial Period

What is a “trial period”?

A trial period is a common occurrence where a seller allows their horse to go “on trial” to a potential buyer where the buyer can ride and get to know the horse to determine whether or not the pair is a good fit.

Typically, the buyer takes the horse to his/her barn before making a final decision, though some sellers/buyers prefer on-site trials where the buyer half-boards or leases the horse for a designated period of time to ride.

While a trial period mainly benefits the buyer, they can also aid in completing the sale, therefore benefiting the seller as well. It can help make their horse more marketable when a trial period is offered.

What problems can arise during a trial period?

Lines of responsibility can become blurred during a trial period, as the horse is still technically owned by the seller but is in the potential buyers care.

Example: If the horse colics and dies during the trial period, who is reponsible for its death? The seller owns the horse but the horse was in the buyer’s care when it colicked. Who should have to pay for the vet bills? Does the buyer have to pay for the horse? What if the veterinarian cannot determine the cause of colic?

Avoid problems during a trial period

It’s important to have a written agreement covering all aspects of the trial period before the horse leave on trial to the potential buyer. A liability release should be drawn up as well.

The seller may want to contact an equine lawyer to ensure all bases are covered properly. The contract should include under what circumstances the seller keeps the deposit and when they must return it to the buyer, along with boundaries and time restraints.

If you’re selling a horse and are in doubt about what your contract should include, be sure to contact an equine lawyer to properly protect

you and your horse.