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Should You Buy a Horse Sight Unseen?

People occasionally buy horses, sight unseen, based on an ad over the Internet or the recommendation of a friend. Many buyers are completely satisfied with their purchases. Unfortunately, some are not. Legal disputes sometimes follow from settings like these:

  • The horse was represented to be of a certain height, but the horse was actually significantly shorter.
  • The horse was represented to be “bombproof” or “kid safe,” but instead the buyer found the horse to be dangerous and insufficiently trained.
  • The horse may have arrived unsound, and the buyer strongly suspected the problem pre-dated the purchase.
  • In some instances, the buyer was convinced that the horse that came off the trailer was a completely different horse than the horse represented in an advertisement.

Added to the complexity, the parties to these sales frequently have no sales contracts.

Avoiding Disputes

Legal disputes can be expensive. Here are some options for the parties to consider in an effort to avoid horse purchase disputes when the buyer does not physically examine the horse before making the purchase:

  • Get it in writing. If the seller offered the buyer an opportunity to examine the horse in person before the sale, such as allowing the buyer a certain amount of time to hire a veterinarian of his or her choosing, the sales contract can reaffirm this. The contract can also specify whether the buyer has waived this option.

    If the buyer is relying on the seller’s promises regarding the horse, such as a promise that the horse has not been lame or ill, the buyer should insist on including these promises in the purchase agreement. Buyers who are denied opportunities to examine the horse before making the purchase should seriously consider whether to buy the horse.
  • For buyers who cannot see the horse in person but want to buy the horse, consider hiring an independent professional to evaluate the horse. Buyers who cannot inspect the horse in person can nevertheless hire professionals to do the evaluation for them, such as a respected horse trainer and veterinarian. Technology also exists for these people to video rides and evaluations as they occur, allowing the potential buyer to see remotely how the horse behaves and ask questions while the inspections are in progress.
  • Get a drug screen. During the pre-purchase examination, prospective buyers should consider having the veterinarian arrange for a drug screen of the horse.
  • Consider requesting the horse’s veterinary history. Buyers can always ask sellers to produce the horse’s veterinary records before making the purchase. If the seller is willing to do this, the sale contract can specify the names of the veterinarians who attended to the horse while the seller owned horse and that the seller has allowed release of the horse’s veterinary records.
  • “As-is Contract Language.” Horse sellers sometimes include “as is” clauses in their contracts, through which the buyer agrees that he or she is buying the horse “as is.” As this blog has addressed in the past, these types of clauses may be enforceable but not for all claims. Consequently, buyers and sellers should confer with knowledgeable legal counsel regarding the scope of “as is” clauses before making assumptions on how they impact a party’s rights.

Conclusion

To avoid legal disputes involving horse sales, the parties can protect themselves by using carefully worded written sales agreements. Buyers, even if they cannot examine the horse in person, have numerous options to more fully evaluate the horse before agreeing to make the purchase. Careful advance planning could help avoid legal disputes later.

Categories: Contracts, Sales/Disputes

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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 over 400 published articles, four 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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"Julie Fershtman is considered by many to be the nation's leading expert on equine activity liability acts. Her 30-minute presentation for a recent educational webinar on equine activity liability acts for the American Horse Council is available for viewing. Please take a look, here's a link: https://www.youtube.com/watch?v=hCROISSPMJs

Fershtman’s Equine Law Book Wins Fourth National Award

Julie Fershtman’s latest book, Equine Law and Horse Sense, won its fourth national award on May 31, 2021. It was selected to receive a "Finalist" Medal in the 2021 Next Generation Indie Book Awards. 

The 2021 Next Generation Indie Book Awards are presented by Independent Book Publishing Professionals Group, which is the largest International awards program for indie authors and independent publishers. Here’s a link for the complete list of 2021 winners and finalists: https://www.indiebookawards.com/winners.php?year=2021 

Fershtman’s Equine Law Book Receives Third National Award

Julie Fershtman’s book, Equine Law & Horse Sense, published by the American Bar Association, has been selected to receive a 2020 NYC Big Book Award in the category of “Reference” books.

The NYC Big Book Awards draws nominations world-wide. This is the third award for Fershtman’s book since its publication last year. Here is a link for more information, and to see the list of winners: https://www.nycbigbookaward.com/2020winners

Information on the book: https://www.amazon.com/gp/product/164105493X/ref=dbs_a_def_rwt_hsch_vapi_taft_p1_i0

Equine Blog Ranked in Feedspot

Foster Swift's Equine Law Blog was ranked #8 in Feedspot.com's "15 Best Equine Law Blogs and Websites".

Upcoming Speaking Engagements

In 2022, Julie Fershtman is scheduled to be a speaker on equine liability at these conventions:

Fershtman’s Equine Law Book Receives Second National Award

Julie Fershtman’s book, Equine Law & Horse Sense, published by the American Bar Association, has been selected to receive a 2020 NYC Big Book Award in the category of “Reference” books.

The NYC Big Book Awards draws nominations world-wide. This is the third award for Fershtman’s book since its publication last year. Here is a link for more information, and to see the list of winners: https://www.nycbigbookaward.com/2020winners

Information on the book: https://www.amazon.com/gp/product/164105493X/ref=dbs_a_def_rwt_hsch_vapi_taft_p1_i0

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 

Some of our Equine Law Services

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 a wide variety of equine-related 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, US Hunter/Jumper Association Annual Meeting, Midwest Horse Fair, Equitana USA, US Dressage Federation Annual Meeting, North American Riding for the Handicapped (now PATH International) 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 directly.

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