What is an express or implied warranty?
Generally speaking, again because some states differ, in most sale contracts involving horses there will be warranties which apply unless they are expressly disclaimed. What does that mean? When a horse is for sale, it is normally understood that the seller has the right to sell the horse with no encumbrances. It also means that the seller is selling the horse with the understanding that the horse is fit for its intended purpose – racing, hunter/jumper, or for breeding purposes, etc. Express warranties are those which are expressly written into the sales or purchase contract. This could be anything from an express warranty as to the horse’s bloodlines, an express warranty as to its ability to breed, or an express warranty as to the horse’s fertility, among other things. If you recall, when we were talking about why you would want a written agreement, it is especially appropriate to have a written agreement done by a horse lawyer when a horse is being purchased or sold. These written ag
