Milt Toby, over at Horses and the Law, posted recently about State regulation of horse sales, check it out here.
In Pennsylvania there is no state level regulation of horse sales, so buyers and sellers need to protect themselves. This means that a written agreement should be used in every sale.
Unfortunately, this is often not the case.
Many, if not most, sales of horses are done without any documentation.
Could you ever imagine going to a car dealership and buying a car without having to sign anything? Many horses cost as much or more than a new car, and the maintenance is far more expensive. But people continue to conduct these transactions without a written agreement.
Sometimes the only documentation is for breed registration. The document doesn't talk about the price paid, whether there was a vet check, or whether the seller made any representations regarding the horse's condition or experience. These are important issues to address, for both parties. Buyers want to be sure they are getting what they paid for. And, Sellers want to be sure that a Buyer won't come back later demanding thier money back. Both of these scenarios can lead to litigation, which is costly for everyone. A written agreement that helps to make sure everyone is on the same page, is a good investment for both sides.