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Horses for sale: All you need to know about the "as is" term
A horse sold with a hand shake and money on the drum is long gone. There' s no such thing as a low-cost horse, even if it is purchased at a low cost. When the horse doesn't work, it is understandable that everyone gets frustrated and some get upset. It may be a weapon in the Old West to resort to a buyer who felt betrayed in a horse business; today it may be a complaint.
The best way to avoid selling horses is to avoid them. If the buyer manages to get the cash back or not, the claim will be costly for both sides with an unknown outcome. Sellers need more than one "as is" disklaimer for security. First thing a lawyer can ask when a customer comes to take legal action against the salesman is the purchase contract.
A lawyer analyses the text of the contract of sale and is an essential element in his advice on the prospects of a law suit being made. An elaborate sales contract can help to prevent a claim and ensure a succesful defence.
Wage "As Is" is designed to provide protection to the vendor and to avoid guarantees or assurances being given in the sale of "used goods" in accordance with the Uniform Commercial Code (UCC). Nevertheless, the horse is not regarded as a second-hand product, although it should perhaps be. If a horse is just bought as it is, guarantees are still included.
However, the vendor can be held responsible for financial losses if the horse becomes paralyzed or does not work. Guarantees may be expressed or implicit. The implicit guarantees are valid for equines. Any sale of goods carries the implicit guarantees of merchantability and fitness for a particular purpose. In the event that a vendor does not clearly and explicitly reject these guarantees in the purchase contract, they shall include assurances which enable the buyer to subsequently contest the sale.
The addition of "without warranties" and "without representations" cannot be construed to exclude the implicit guarantees and the exclusion of liability restricted to "explicit" guarantees. A marketability guarantee is an implicit assurance that the horse is" marketable" and meets the customer's expectation. When a horse becomes paralyzed after a sale and cannot be resold, the guarantee of marketability may allow a seller to cancel the sale.
When the horse does not meet the buyer's expectation, the guarantee of marketability can give a buyer the opportunity to get his payment back. In fact, the vendor can be made responsible for a problem not known at the moment of sale, as it hinders the marketability of the horse for later sale.
A guarantee of suitability for a particular purpose is an implicit assurance that the horse is fit for the Buyer's use. In contrast to a traditional consumption item, the horse changes from horse to horse from horse to horse. If a horse is fit for a particular purpose today, it cannot be tomorrows if there is a shift in education and board.
When the horse does not work as planned, the buyer may have a way to get back it. Striking, explicit and special exclusions of warranty for merchantability and special purpose are therefore circumspect. Pre-emption independent valuations should be included in the purchase contract. It will help to prevent and successfully fend off a complaint.
It was intended that the buyer had the possibility to have the horse assessed by an independant vet before the sale. This should also mean that the seller makes no statement about the horse's aptitude for the buyer and that the buyer has his own trainer/representative.
Both of these rules help the vendor to protect the allegation that he has not disclosed previous injuries or sold a fit horse. Whilst there is no bulletproof speech that can stop a complaint if a horse doesn't work, you can reduce the chances by tackling these problems.