1º. Although it seems obvious, writing a simple contract will avoid many future problems. It is also important to sign the date and the place of subscription of the document, to determine the applicable law and be able to compute the deadlines to claim for any type of breach.
2º. It is important to pay attention in order to accurately fill in all the information of the seller and buyer. In addition, we need to ensure the seller is the true owner of the horse.
3º. The horse must be identified as widely as possible, including all documentation that is available: The Certificate of Origin, Equine Identification Document or Passport, Microchip Number, etc…
4º. The price is an essential element as well as the form of payment. I recommend always documenting the price paid otherwise in case of conflict, it can be complicated to reclaim the money.
5º. It is important to remember that buying a horse is not tax free. Therefore, we must be aware of the tax laws in effect at the location where the horse is bought.
6º. The object or discipline to which the horse is destined is very important to note because if the horse does not meet the requirements of the discipline, the contract could be declared null and void. This is independent from the legal terms regarding the exercise of actions for hidden defects.
7º. It is recommended to obtain a pre-purchase veterinary exam. The results from this exam should be included in the sale contract because it could shift the responsibility, in the event of an error in the exam, from the seller to the veterinary.
8º. We know that a horse can be injured or sick at any time, so it is recommended to indicate the place and time of delivery of the horse to the buyer. Also to determined who is responsible for the expenses and responsibility for the transport if needed.
9º. Regarding the deadlines to claim for hidden defects, the parties can freely agree on a longer period, an aspect that can make more secure the sale and appeal to both the buyer and seller.
10º. Finally, we recommend a provincial capital court be designated as an express jurisdiction for litigation, in order to avoid the higher costs of travel and delay that the competent courts in the rural area usually accumulate.