WhatsApp has become a staple tool for buying and selling horses, because it’s fast, encrypted, and easy to send videos on. In the equestrian world it is much more than just sending the pics from the yard night out. It’s very convenient, but is it also problematic?
Be careful what you say in WhatsApp messages - it could come back to haunt you
Recent cases in the UK and Canada have confirmed that contracts can be formed via WhatsApp. So, after all your careful discussions, riding and vetting, getting the deal just so, it goes sour or a problem arises and it ends up in litigation. As part of the process, the whole series of WhatsApp messages come tumbling out and the courts don’t ignore them. The courts will wade into the messages, consider them as evidence and say there's the contract - and it could decide that the agreement was made days, weeks, or months previous to anything that went on a piece of paper or formal email.
It could say that your off-hand comment, sat in a set of WhatsApp messages, completely changes what you thought you had agreed. They might decide that your comment about the horse being ridden by a teenager meant that it was bomb-proof, or your “Oh yeah, it’s got no vices” meant no ridden vices when you were just confirming that it didn’t crib or windsuck: those casual, helpful responses to messages might tie either party to something they didn’t expect or want.
Clarity in communications is your best friend
It would be prudent to stick to one method of communication with sellers or customers to avoid this situation. If you are using more than one mode of communication, you need to be consistent across them all in the detail and be clear in your intention. And if there is more than just one, then that is the collective you: everyone in your business. It would be best to have one person dealing with everything to avoid inconsistency.
You will also need to bear in mind the usual risks of confidentiality and data privacy, as well as avoiding the newsworthy HR issues that we hear about from messaging app use... they can all land you in hot water.
‘Whats’ all this mean for using WhatsApp?
The key takeaway from this is that if you don't mean it, don't write it down. Don't screenshot and send. Do not send that thumbs up or like a message. It all counts.