For the purpose of a PPE the seller is the owner of the animal. This may not be the person presenting the horse for examination, so it is important to establish the identity of the individuals involved as soon as possible and before the PPE takes place.
It is important to remember at all times that the seller is not your client during the PPE. Any information acquired from the PPE is the property of your client (i.e. usually the buyer in the UK) and may only be discussed with the seller where the buyer has given consent to do so.
If the seller cannot be present for the PPE, they must officially transfer responsibility for the horse during the examination to the person presenting the horse, and this should be noted on the worksheet and recorded on the certificate.
The seller may also delegate the sale of the horse to an agent, which should also be recorded as above.
This distinction is vital to ensure complete transparency. For instance, an agent may not be able to provide the same knowledge as the owner, or vice versa, with regards to the Seller Declaration and when asked questions during the examination.
The vet should communicate with the seller throughout the PPE to ensure they understand and accept the procedures that are involved. Permission should be obtained from the seller/person responsible where non-mandatory and 'additional procedures' are to be carried out as part of the PPE, e.g. flexion tests, trotting on a small diameter circle on a firm surface, radiography, blood sampling, etc.
Where any part of the PPE is omitted for any reason (e.g. unable to examine eyes sufficiently, it is unsafe to perform flexion tests, there is no suitable area for trotting on a small diameter circle on a firm surface, etc), the PPE can continue but the omitted procedure and reason for doing so must be recorded on the certificate. The significance of the procedure being omitted should be discussed with the buyer and taken into consideration when forming the concluding opinion.
The Guidance Notes state the following with regards to the identifying the seller and potential conflicts of interest:
Before performing a pre-purchase examination, the veterinary surgeon should endeavour to ascertain who is selling the horse and the horse’s identity. If, as a result of such information, the veterinary surgeon feels any conflict of interest, which means he/she cannot act wholly in the interests of the purchaser, the veterinary surgeon should decline to perform the examination. If the veterinary surgeon feels able to act without conflict, the fact that the seller is an existing client of the veterinary surgeon’s practice should be declared to the purchaser in advance of the examination. Additionally, if the veterinary surgeon, or his/her practice, have any prior knowledge of the horse from any source, permission should be obtained from the seller for full disclosure to the purchaser of all such information that might be relevant. If this is not possible, for any reason, the veterinary surgeon should decline to perform the examination.