Equine Law Blog
I receive numerous calls from people who either believe they have a case against a horse seller or from horse sellers who have been threatened with lawsuits. As an attorney who has handled many sales cases and tried them in court, representing buyers and sellers, I know that many of these disputes are avoidable. Here are some options to help avoid sales disputes:
Use contracts
The investment in legal fees to draft a contract can be a tiny fraction of the legal fee to resolve a sale dispute later on. While there is never a guarantee that a contract can prevent every possible dispute, the contract could, at a minimum, narrow the dispute.
The buyer and seller have every incentive to insist on details in the contract. Certainly, the contract can describe the horse, such as its breed, age, color and markings, and breed registration number(s). In addition, sellers might want to include language that disclaims promises or warranties such as “as is” language and other legal terminology as state law may dictate. Buyers might insist on language, for example, where the seller promises that the horse has never been sick or ill during the time the seller owned it.
Vet exam
Buyers can hire an independent veterinarian to check the horse before the sale. That is, the veterinarian can examine the horse for soundness based on its planned use.
Equine Professional Exam
If the horse will be used as a show horse, the buyer can consider also hiring an equine professional to evaluate the horse’s suitability.
Wrap-up
Horse sellers have every reason to encourage buyers to arrange for pre-purchase examinations. From a legal standpoint, these help show that the buyer is relying on the evaluation of a veterinarian or professional – not on any statements made by the seller – before making the purchase.
ShareholderJulie Fershtman is considered to be one of the nation's leading attorneys in the field of equine law. She has successfully tried equine cases before juries in four states. A frequent author and speaker on legal issues, she has written ...
