Equine Law Blog
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.
For a buyer-oriented equine sale contract, the buyer can specify that the seller is allowing the buyer to have a licensed veterinarian inspect the horse and perform tests that the buyer deems appropriate up to a certain date. Some buyers want to extend the time frame for acceptance of the sale until the date that the buyer's veterinarian conveys the results of a drug screen.
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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 ...
