A recent High Court ruling in the case of Jaevee Homes Ltd v Fincham has highlighted the legal risks of forming binding contracts through informal online messaging, such as WhatsApp or social media platforms. Although the case involved a construction dispute, equine lawyer Hannah Bradley warns that the precedent applies to horse sales negotiations conducted via messaging apps, which are common in the equestrian world. She explains that despite the informal nature of these communications, essential contract elements like offer, acceptance, and terms can create unintended legally binding agreements. This can lead to disputes over implied terms and the absence of desired conditions, which formal written contracts typically address.

To avoid accidental commitments, Bradley advises buyers and sellers to use clear language indicating that discussions are preliminary and non-binding, such as “subject to signed contract,” and to seek independent legal advice for complex or high-value transactions. British Horse Society director Gemma Stanford echoes the importance of formal contracts, recommending clearly stated terms and signatures to prevent disputes, and notes that the BHS offers a sales agreement service to help draft foolproof contracts. Both experts emphasize that while messaging apps offer convenience, formal written agreements remain essential for clarity and legal protection in horse sales.