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Other Articles
"Beware of the "Business Pursuits" Exclusion" - The Greater Lansing Business Monthly, March 2013
"What Mare Owners Should Look for in a Typical Horse-Breeding Contracts." - America's Horse Daily, September 14, 2012
Should Exculpatory Agreements Relieve Liabilities Founded on an Equine Activity Liability Act? American Bar Association - TIPS Animal Law Committee Newsletter, Fall 2012
Past Speaking Engagements
"Crop and Livestock Insurance Law from the Ground Up" - January 25, 2012
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We're always on the lookout for good article and update ideas for the Equine Law Blog. Please share yours! We'll give the sender of best tip of the month a free copy of Julie Fershtman's books, EQUINE LAW & HORSE SENSE and MORE EQUINE LAW & HORSE SENSE. Click here to send your ideas. [For more info on these and other publications written by Julie Fershtman, please visit www.equinelaw.net and www.equinelaw.info or call her directly at (248) 785-4731.]
Large Step Forward for the Horse Industry
We applaud the American Horse Council (www.horsecouncil.org) for its national marketing initiative for the horse industry. The AHC joined together ten national associations and large corporate industry stakeholders to make this happen. We await its marketing plan, which will propose ways to help people become more interested in horses and equine activities, either as participants or spectators.
THE NATION'S MOST SOUGHT-AFTER EQUINE LAW SPEAKER
Did you know Julie Fershtman has spoken at the American Horse Council Annual Meeting, Equine Affaire, Midwest Horse Fair, Equitana USA, US Dressage Federation Annual Meeting, North American Riding for the Handicapped (now PATH International) Annual Meeting, American Morgan Horse Association Annual Meeting, American Paint Horse Association Annual Meeting, US Pony Clubs, Inc.'s Annual Meeting, All-American Quarter Horse Congress, American Youth Horse Council Annual Meeting, American Riding Instructors Association Annual Meeting, CHA Annual Meeting, and numerous others? Consider signing her up for your convention. Contact Julie.
Showing 40 posts in Sales/Disputes.
Common Equine Breeding Disputes and How to Avoid Them
Horse breeding transactions can generate several disputes, including the following:
Problem
The stallion’s show or race schedule prevents its availability for breeding by cooled semen or live cover.
If the breeding will be accomplished by live cover, AI, or shipped cooled semen, which requires the stallion to be available for collection, this problem can be avoided by a contract that specifies a range of dates or months in which the stallion can be available. Read about other common disputes ›
Categories: Breeding, Sales/Disputes
Legal Aspects of Buying a Horse from a Sales Agent
Generally speaking, it is completely legal to do business with an agent in a business transaction. An agency relationship generally exists when one person, such as a horse seller, agrees to allow another person to act on his or her behalf in a transaction. The agent acts on behalf of the “principal.”
Risks
Those who deal with parties claiming to be agents can encounter risks, such as: Read More ›
Categories: Sales/Disputes
Tips for the Novice Horse Buyer
Our office receives numerous calls from first-time horse buyers who are soured on the horse industry due to bad experiences with horse sellers. Some proceed with lawsuits. Horse buyers who proceed cautiously and seek assistance at the proper time can, in many cases, avoid disputes. This article offers some suggestions. Read More ›
Categories: Sales/Disputes
Three Written Words That Might Prevent a Lawsuit
Gene buys a mare from a horse seller across the country, and pays the full purchase price, which the seller receives. Shipping was set for the next day. As the shipper pulls in to get the horse, it is discovered that the horse has become seriously ill and dies within hours, while still at the seller’s stable. Is Gene entitled to a refund?
The answer could depend on three important words, “Risk of loss.” Read More ›
Categories: Sales/Disputes
The Unique Benefits of Hiring an Equine Law Practitioner
In January 2013, I spoke at a number of education programs on Equine Law. Attendees raised several questions, and some of them are shared on this blog.
Question
Has your equine law experience made a difference in specific cases where opposing counsel may have lacked similar experience? If so, how? Answer ›
Categories: Insurance, Sales/Disputes
Pre-Sale Agreements Regarding Inspections and Testing
During a national teleconference on Equine Law in January 2013, I was asked: “Do you recommend pre-sale agreements regarding inspections and testing?”
Answer
Yes. When I represent sellers in equine sale transactions, I prefer a contract that specifies that the buyer has received an opportunity to have the horse tested by veterinarians and equine professionals of the buyer's own choosing and at the buyer's sole expense. Allowing, if not encouraging, the buyer to seek professional opinions on the horse can help break the chain of reliance on the seller. What about a buyer-oriented contract? ›
Categories: Contracts, Sales/Disputes
Lease Agreements Can Avoid Disputes
Desert Mirage - December 2012
Categories: Sales/Disputes
Can You Contract With a Child?
A teenager, 17 years old, drives herself to your stable and expresses an interest in buying or leasing one of your horses. She is old enough to drive a car, but is she old enough to enter into a contract with you?
The answer is no. Unless she has reached the age of majority in the applicable state, she does not have the legal capacity to enter into a contract with you. Read More ›
Categories: Liability, Sales/Disputes
Papers, Papers - Who Has the Papers? Part II - Avoiding Registration Paper Disputes
Part one of this series explored the buyer's legal rights against sellers who fail or refuse to provide breed registration papers. This part examines suggestions for buyers to consider in an attempt to avoid equine registration paper disputes. Read More ›
Categories: Sales/Disputes
Papers, Papers - Who has the Papers? Part I – Legal Rights in Registration Paper Disputes
Two months ago you bought the mare you always wanted. Your goal was to win championships in breed-recognized horse shows and then retire the mare for breeding. A terrible problem has derailed your plans: The seller will not transfer the horse's registration papers into your name. Your arsenal of weapons is limited -- there is no written sales contract, but you recall the seller promising to send you the horse's papers "right away" the day you gave him your money (a promise he now denies ever making).
What are the buyer's options in these types of situations? Here are a few of them: Read More ›
Categories: Sales/Disputes