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Showing 52 posts in Sales/Disputes.

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: Read More ›

Categories: Contracts, Sales/Disputes

Right of First Refusal Clauses: Are They Worth the Paper They’re Written On?

What is a Right of First Refusal?

Equine-related contracts sometimes include a “right of first refusal” clause that restricts how a horse can be re-sold. Through these clauses, a horse buyer agrees to give the seller an opportunity to buy back the horse later under certain specified conditions. For example, these clauses sometimes provide that if the buyer (after becoming the horse owner) later receives a legitimate offer to buy the horse and is inclined to sell, the former owner must first receive the opportunity to match that purchase offer and pay within a certain time frame. Read More ›

Categories: Contracts, Sales/Disputes

Do “As Is” Clauses in Sales Contracts Prevent All Lawsuits?

Equine sales agreements sometimes include the words "as is" and "with all faults.” Sellers use these phrases with the hope of preventing buyers from bringing claims and lawsuits in an effort to reverse the sale. Do these words stop all sales-related lawsuits?

The answer is “no.”  Read More ›

Categories: Contracts, Sales/Disputes

Can You Repossess a Horse When the Buyer Fails to Pay?

Can a horse seller repossess a horse if the buyer has failed to pay in full? We receive this question frequently, but the answer is more complicated than you might think. Read More ›

Categories: Contracts, Sales/Disputes

Selling Horses on a Payment Plan? Leasing Your Horse to Someone? Here's an Advance Planning Checklist

Many people sell their horses on an installment basis or lease out their horses to others for a span of months or years. Frequently, these arrangements are mutually beneficial. But problems can, and do, occur – and they're sometimes very serious. Careful advance planning could either eliminate these problems or reduce their severity. Read More ›

Categories: Liability, Sales/Disputes

We'd Love to Have You Become Our Next Client, But …

We'd love to be considered as your next attorney. But we also care deeply about the continued strength and viability of the equine industry and hope that you don’t need us. Legal disputes are expensive to resolve, but careful planning can either prevent them completely or narrow them considerably. We offer some general ideas to help you plan for a dispute-free year: Read More ›

Categories: Contracts, Employment, Sales/Disputes

Cheap Horse – Expensive Problem

An online ad shows a beautiful horse for sale, and the buyer is drawn in. The ad describes the horse as a perfect show horse, unflappable trail horse, kid-friendly, easy-keeper, and free of vices. The price is low, and the buyer rushes to make the purchase. The buyer makes the purchase sight unseen and sends money to the seller, a total stranger. The buyer sought no veterinary pre-purchase examination and no drug screen. The parties had no written contract.

After the horse arrives, serious problems become apparent. The horse might show none of the characteristics that were so glowingly advertised. Registration papers might not exist. The horse might be seriously lame or ill. The horse might be downright dangerous or untrained. When the buyer complains, the seller refuses to rescind the deal.

Certainly, buyers in these situations may have options available to them for legal recourse. But most buyers will keep the horse rather than invest in legal fees.  Read More ›

Categories: Contracts, Sales/Disputes

Equine Gift? Equine Lease? Stop the Guesswork

For years, we’ve received calls like these:

  • “I ‘free leased’ my horse to a friend, but now she refuses to return my horse.”
  • “A neighbor let me ‘rescue’ her horse because she could no longer take care of him. Now I want to sell him, but my neighbor says I can’t do this.”

In each situation, the parties had no written contract, and nobody was ready or able to undergo an intense and costly legal battle that might follow.

Equine transactions are ripe for a legal dispute when the parties have no written contract and a completely different understanding of the same transaction. Without a contract or agreement explaining the transaction and what the parties’ intended, these types of legal matters can become lawsuits in which the outcome is never predictable. What is a virtual guarantee is that in a court of law the dispute will never be quick, easy, or cheap to litigate.  Read More ›

Categories: Contracts, Lawsuit, Sales/Disputes

What Happens When a Twitter 'Tweet' of a Few Words Becomes a Horse Industry Defamation Lawsuit?

At Foster Swift, we've successfully defended equine-related defamation litigation. Today we're sharing an interesting case from Massachusetts that arose from a "tweet" of only a few words.

The Case

The plaintiff, Feld, owned a Thoroughbred named "Munition." She allegedly sold this horse through a Craigslist ad to a dealer who allegedly promised to place "Munition" with a "loving family" that would allow the plaintiff to visit him. Unfortunately, it was strongly suspected that the dealer instead shipped him to an auction where he may thereafter been slaughtered. Some media reports and Internet chatter followed the story of "Munition's" disappearance.

The defendant, Conway, was a Thoroughbred Bloodstock Agent who became involved in a heated Internet discussion regarding "Munition's" disappearance; she posted on Twitter: “[Plaintiff] -- you are f***ing crazy!” Because of this single "tweet," the plaintiff sued for defamation, claiming that the "tweet" defamed her reputation and attacked her sanity. In response, the defendant asked the Court to dismiss the case on the basis that the "tweet" was not defamatory but instead was mere opinion and hyperbole. The court agreed. Read More ›

Categories: Defamation, Lawsuit, Sales/Disputes

Legal Aspects of the Trial Period: Three Foreseeable Problems and Ways to Avoid Them

"Try out my horse for few weeks.  See if you get along with him." 

These were the words of a sincere, well-intentioned seller who only wanted a satisfied buyer.  Could anything possibly go wrong with this trial period arrangement?   Let’s explore three possible problems and ways to avoid them. Read More ›

Categories: Insurance, Liability, Sales/Disputes

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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.

Honors & Recognitions

Equine lawyer, Julie Fershtman, has recieved 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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