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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.

Insist on a written sales contract.

Written sales contracts might not eliminate every sales dispute, but they can narrow disputes substantially.  A simple sales contract can take as little as five minutes to write.  Two essential ingredients of a sales contract are: the seller's warranty that he owns the horse and is legally capable of transferring ownership to the buyer, and the seller’s obligation to immediately transfer papers to the buyer in a form required by the applicable breed registries.

Ask to see the horse's current breed registration papers.

Maybe the seller lacks papers.  Maybe the horse has never been registered.  Before parting with your money, demand to see the papers now.

Contact the breed registry.

Some breed registries, through online systems,  help you identify the horse's last recorded owner of record.  This may help confirm the seller's interest in the horse, but keep in mind that there might be other (non-recorded) owners of the horse.  (As this blog addressed, a few courts have ruled that a horse’s registration papers are not necessarily conclusive evidence of ownership.)

Demand proof of an agency relationship from the "seller."

What if you are not directly dealing with the horse's owner but with someone acting on the owner's behalf?  Although the person with whom you are dealing might call himself the sales agent, the law may impose a duty on you to confirm this.  Find out whether an agency relationship truly exists and whether the agent has authority to sell you the horse.   When in doubt, ask to speak to the horse's owner and demand that he or she confirm the agent's authority.  Consider having the horse's owner sign the sales contract.

Wrap-up

Careful planning can help you avoid disputes.  A knowledgeable lawyer can help, as well.

Read Part 1

Categories: Sales/Disputes

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is considered to be one of the nation's leading attorneys in the field of equine law. A frequent author and speaker on legal issues, she has written over 400 published articles, three books, and has lectured at seminars, conventions, and conferences in 29 states on issues involving law, liability, risk management, and insurance. For more information, please also visit www.fershtmanlaw.com and www.equinelaw.net, and www.equinelaw.info.

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Our Equine law blog (and its author) in the news!

Julie Fershtman, author of our popular and prolific Equine Law Blog, was interviewed by the State Bar of Michigan. The interview, which called Fershtman "Lawyer-Blogger," discussed our Equine Law Blog. We truly believe that this blog is the nation's most active blog serving the equine industry on equine law topics, and we thank you for visiting it. Read more here.

Julie Fershtman’s Recent and Upcoming Equine Law Speaking Engagements Include:

National Conference on Equine Law in Louisville, Kentucky on April 29, 2020. Topic will be on Waivers/Releases of Liability Involving Minor Participants. 

U.S. Hunter Jumper Association (USHJA) Annual Convention in Denver, Colorado on December 10, 2019. Topic will be on Equine Liability. 

IRMI Emmett J. Vaughan Agribusiness Conference (“AgriCon”) in Sacramento, CA (April 2019), and Richmond, VA (June 2019) and in Des Moines, IA (September 2019), on topics of “Equine Activity Liability Acts” and “Equine Mortality Insurance Disputes.”

National Conference on Equine Law in May 2019 in Lexington, KY, on the topic of “Equine Activity Liability Act Updates” and liabilities involving hosting of equine clinics. 

Agricultural Claims Conference in Kansas City, MO, in March 2019 on topics of “Loose Livestock Liabilities.”

2018 American Bar Association Annual Meeting in Chicago, IL, on “Equine Mortality Coverage and Disputes.”

November 2018, American Horse Council webinar on “Equine Liability.”

Honors & Recognitions

Equine lawyer, Julie Fershtman, has received these prestigious equine industry awards from respected equine organizations:

"Excellence in the Advancement of Animal Law Award" - American Bar Association Tort Trial & Insurance Law Section Animal Law Committee

"Distinguished Service Award" - American Youth Horse Council

"Industry Service Award" - Michigan Equine Partnership

"Catalyst Award"- Michigan Horse Council

"Outstanding Achievement Award" - American Riding Instructors Association 

"Partner in Safety Award" - American Riding Instructors Association 

"Associate Service Award" - United Professional Horseman's Association

"National Partnership in Safety" Award" - Certified Horsemanship Association 

What our Equine Law Services can Provide

Handling breach of contract, fraud/ misrepresentation, commercial code, and other claims involving equine-related transactions including purchases/sales, leases, mare leases/foal transfers, and partnerships.

Litigating disputes in court or through alternative dispute resolution (arbitration, mediation, facilitation).

Defending equine/farm/equestrian industry professionals,  businesses, and associations in personal injury claims and lawsuits.

Drafting and negotiating contracts for boarding, training, sales, waivers/releases, leases, and numerous other equine-related transactions.

Representing and advising insurers on  coverage and policy language as well as litigation;

Advising equine industry clubs and associations regarding management, rules, bylaws, disputes, and regulations.

Representing some of the equine industry's top trainers, competitors, stables, and associations.

Counseling industry professionals, stable managers, and individual horse owners. 

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.

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