It wasn’t all that long ago that a prospective buyer would try a horse once, maybe pop a few fences, and then decide whether to buy it. Sometimes they’d come back the next day for a second ride to finalize their decision and call their veterinarian. But the landscape of what buyers expect before they part with their money has shifted enormously, with many now wanting multiple trial rides. Some buyers want a trial period—sometimes for a week or more—at the potential new owner’s barn before making a final decision.
A trial allows a prospective owner to get to know the horse much more intimately before purchase, but that could come with a multitude of pitfalls, so what are some of the considerations before deciding whether a trial period is a good course of action for you?
Work Out The Details
During a trial, it is important that both parties agree to the specifics of how the horse will be kept. Is the horse accustomed to being in a paddock all day, for example, and will it stay on the same feed type and regimen? Will the type of work the horse is accustomed to stay roughly the same? These terms all need to be made explicit and reflected in an agreement signed by both parties before the start of any off-property trial.
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If the horse leaves the seller’s property before moneys are paid, there should be provisions in the lease or sale agreement concerning risk of loss. Before any trial, the seller should draft a “Terms of Trial” document setting forth the trial period and required insurance, as well as laying out limitations on use, such as who can ride the horse and whether it can be shown in competition, with violations requiring the potential buyer pay for any damage to the horse.
The Terms of Trial document memorializing the limitations on use, morbidity and mortality insurance during the lease or trial period, plus any other details, should be signed by both parties before the horse leaves the property for the trial. This does not necessarily have to be drafted by a lawyer—but value, use and insurance must be discussed by the seller and potential buyer and written down prior to the horse leaving the property. Other terms the document should include:
- Length
- Location of the horse during trial
- Authorized rider/s
- Authorized trainer/s
- Limitations on use (e.g., size of jumps, number of days worked)
- Insurance
- Costs of shipping
Understanding Risk And Liability
Risks should be taken into consideration before starting a trial. There is the risk of causing injury to the horse during the trial, which could then have implications for the horse’s value and future sport capabilities. There is also the risk of the horse injuring the new rider while still under the seller’s ownership. Where does the liability land in some of these scenarios, and what can you do to mitigate the risks involved?
If the trial rider is injured trying the horse on the seller’s property, then the general assumption of risk participating in equestrian activities would apply, along with any state equine activity liability statutes. However, if there was an undisclosed danger known to the seller—such as nasty stopping or rearing—and the rider got injured, the seller could potentially be liable for failing to disclose a known dangerous propensity of the horse.
Similarly, if the rider is injured because of a fall caused by a hidden defect in the property or ring, the seller might be found responsible depending on the specific facts. If the horse gets injured while being tried on the seller’s property and the seller or the seller’s agent was present overseeing the trial, that would be a risk of business assumed by the seller.
If the trial rider or trainer is injured trying the horse off the seller’s property, the same general assumption of risk of participation in equestrian activities applies. If the horse becomes injured while being tried off the seller’s property, responsibility depends on the agreement between the parties concerning the sale or lease for which the trial is being conducted. There must be an agreed value or price of the horse prior to any off-site trial, which can be subject to negotiation later, but must be determined in case of injury or damage to the horse during a trial period.
Glean Information
A bad rider can make an otherwise honest horse begin to stop, so consider carefully whether the potential trial might dent the horse’s confidence and its price. As the owner, ensure you know the barn, the trainer and who exactly will be riding the horse before agreeing to a trial.
As the potential purchaser, be sure to ask plenty of questions about the horse before the trial begins: What is the horse’s temperament like? Is it afraid of anything? Has it ever exhibited any dangerous behaviors?
Horses can react differently in new surroundings, so bear that in mind when the horse arrives at your property. Horses are unpredictable animals, and even the most docile can occasionally put in a spook or a buck. Ensure you always act responsibly and kindly towards the horse.
Trials present risks, but they can also be hugely beneficial to both parties. A purchaser who has been given clear and ample information before taking a horse on trial is more likely to have a good experience and thus be in a position to make an informed decision to buy the horse, knowing it can settle happily in its new environment and work at the expected level. As a result, the seller can feel confident that the new home and owner are a suitable match for the horse.