Equine Law Blog

Collecting Past-Due Board Without The Song And Dance

Boarding stable owners sometimes feel pressured by ever-increasing costs of hay, shavings, and feed, while their clients resist rate increases and sometimes fail to pay. What can a stable do? Many stable owners believe that non-paying boarders are a reality of the business, but boarding contracts can help the stable in these situations. For example:

• The contract can allow the stable the option of raising rates by giving each customer notice of an upcoming raise, such as thirty days or more. The contract can also allow boarders the option of giving the stable notice of termination within that time so that a boarder unhappy with the increase can plan to move out before it takes effect.

Categories: Boarding, Contracts

Posted by: Julie I. Fershtman

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My Leased Horse Appears Neglected – Now What?

Equine leases can generate several kinds of legal disputes, many of which have been addressed elsewhere in this blog. One dispute involves this scenario: The lessee (a “lessee” is the party that is allowed to use the horse owned by the “lessor” for a certain period of time under certain terms and conditions) is accused of neglecting the leased horse, and the lessor wants the horse returned as a result.

These disputes can be more complicated than they seem. For example, the lessor and lessee might disagree over the central issue of whether the horse was abused or neglected. Also, sometimes, the lessor might demand to have the horse inspected by a veterinarian, but the lessee might refuse to allow this to occur. If the lessor tries to haul away the horse, the lessee might accuse the lessor of trespassing, or even theft. Legal expenses can be significant to resolve these disputes. Read More ›

Categories: Contracts

Posted by: Julie I. Fershtman

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Recent Court Case is a Reminder for Owners of Insured Horses

The importance of complying with an insurance policy’s notice requirements has become especially newsworthy thanks to Julie Fershtman’s courtroom victory last year in an equine insurance coverage lawsuit in an Illinois federal court. In that case, a horse owner sued the company challenging its denial of benefits under an equine insurance policy. Read More ›

Categories: Contracts, Insurance

Posted by: Julie I. Fershtman

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Upcoming Webinar You Won't Want to Miss

Julie Fershtman is the speaker for tomorrow's webinar through the Certified Horsemanship Association entitled: "Risk Management – What You Need to Know about Liability, Contracts and Releases."

Categories: Contracts, Liability

Posted by: Julie I. Fershtman

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Time to Make a Change: How to Amend Your Contract

Our clients have asked how to amend their contracts, especially after they hire us to draft them and want our new contracts to replace the old ones.

Amending a contract is not difficult as long as your documentation makes clear what you are trying to accomplish. In our experience, however, we've seen equine business operators draft their own contracts which are anything but clear and cause problems. Of the many ways in which a contract can be amended, here are a few examples: Read More ›

Categories: Contracts

Posted by: Julie I. Fershtman

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Equine Leases – Common Problems and How to Avoid Them

We receive numerous inquiries from people who have encountered problems during their equine leases – both from lessors (the ones who own the horse and part with it subject to the lease terms) and lessees (the ones who receive use of the horse). Advance planning, and legal help, can prevent several problems. Here are some equine lease problems and suggestions for avoiding them. Read More ›

Categories: Contracts

Posted by: Julie I. Fershtman

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The Well-Written Contract Was Breached – What Next?

We thank the many businesses and individuals who hire us to draft their equine-related contracts. The problem is, even with thorough contracts that identify rights and responsibilities, people don’t always follow their terms. What do you do when the other party to a contract has breached (violated) its terms? Certainly, every situation is different, but here are some options: Read several options ›

Categories: Contracts

Posted by: Julie I. Fershtman

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“Free Leases” Are Not Free

In these challenging financial times, more and more horse owners have entered into arrangements they call “free leases.” No legal dictionary, to our knowledge, recognizes the term “free lease,” but in the horse industry it has come to mean a horse that is leased to another with no lease payment to the owner (the lessor) as long as the lessee provides the horse care and attention.

In our experience, lessors (horse owners) usually enter into these arrangements to avoid costly horse care. In an effort to save money, lessors rarely insist on contracts. Not surprisingly, disputes arise. For example: Read More ›

Categories: Boarding, Contracts

Posted by: Julie I. Fershtman

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More Equine Contract Blunders and How to Avoid Them

When equine business operators take legal matters into their own hands, problems can occur. Here are some of them:

• The horse seller has a sales agent that advertised the horse online and negotiated a sale to a buyer who is located out of the country. The sales agent, believing promises of the out-of-country buyer that the purchase payment was “in the mail” on the same day that the buyer’s shipper was picking up the horse,  allowed the shipper to haul away the horse. Unfortunately, the seller never sent a payment, but the horse was already out of the country before the buyer discovered the problem.

How to Avoid: In addition to insisting on a carefully worded sales agreement, the seller can insist that the buyer’s payment in full is received and clears the bank before the horse can be shipped away.

Categories: Contracts

Posted by: Julie I. Fershtman

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Finding Low Cost Legal Services in Difficult Financial Times

We receive numerous calls and e-mails from people in the midst of serious legal issues who are unprepared for, or unwilling to undertake, the expense involved in hiring a lawyer. For example, a trainer could be faced with a lawsuit arising out of a sales agency. An individual horse owner might want to “free-lease” her gelding to a friend and want a contract that protects her as much as possible in the situation.

How can people who cannot afford a lawyer seek legal services at low, or no cost? Read More ›

Categories: Contracts, Employment, Liability

Posted by: Julie I. Fershtman

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