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Exam A


OUTCOME: THE DISCLOSUREDILEMMA


friend of a friend heard about Mr. Wonderful and came and tried him and couldn’t get him


on her trailer fast enough. Even with full disclosure about his quirks, Mr. Wonderful’s purchaser was undeterred—she was an experienced rider with a stable full of horses and full-time help (including a rider) who kept her foxhunters fit and in exactly the kind of “program” Lily envisioned. At last report, Mr. Wonderful was the barn favorite and hunting in season several days a week. Notwith- standing Lily’s “full disclosure” to Mr. Wonderful’s new owner, Lily had the purchaser sign a Sales Agreement that disclaimed all warranties, had the purchaser agree that she had conducted any and all inspections of the horse she deemed necessary, and included a release of liability that would bar the purchaser from suing Lily in the event of a per- sonal injury.


Lily did not fare so well with the sale of Miss Per-


fect. Ultimately, she decided that the best thing to do was donate Miss Perfect to a private girls’ board- ing school where she would be (and is) adored by multitudes of little girls. The school accepted Miss Perfect with full disclosure of her “maintenance” issues, having determined that Miss Perfect’s value to their program exceeded the cost of keeping her physically comfortable. Miss Perfect doesn’t get to foxhunt much anymore, but she does go on trail rides and teach lots of little girls how to jump. The school agreed that if Miss Perfect didn’t work out for them, they would return her to Lily. Lily had Miss Perfect appraised and received a nice tax de- duction for making the donation. Many horse owners are faced with the dilemma


of what constitutes “TMI” (too much information) when trying to sell a horse. Experienced profes- sionals usually take the position that just about any information is TMI, while amateurs have a tendency to want to disclose every tiny detail. But it is not unheard of for the seller of a horse to dis- close a ton of information and then still have the purchaser be dissatisfied after completion of the transaction when they discover some detail that wasn’t disclosed prior to the purchase. And, if you commit to the path of full disclosure, it may take you a long time to sell your horse or, you may not be able to sell it all. I commonly refer to the old adage “No good deed goes unpunished.”


62 November/December 2013


Selling a horse is as risky as buying one. Relying on the assistance of a reputable professional is the best practice. Whatever side you are on, the best protection is having experienced horsemen in- volved on both sides of the deal, and making sure the buyer conducts a pre-purchase veterinary ex- amination using an experienced veterinarian who understands the demands of the job the horse will be asked to do. If there are questions about the horse’s “history” or “management,” it is important that the veterinarian conducting the pre-purchase exam actually sees the horse’s veterinary records or talks to the most recently treating veterinar- ian. Allowing the veterinarian to rely on a verbal synopsis of the horse’s history from the trainer or owner is a recipe for disaster. But it is the respon- sibility of the buyer to make sure the veterinarian they have hired to do the pre-purchase exam has actually gathered all the historical information they think might be important. In too many cases, it is not until after a problem is discovered that the buyer starts looking around for someone to blame. There would be a lot less unhappiness in the horse world if buyers would ask more and better ques- tions before stroking a check. If you are selling your own horse without the help of a professional, then besides a well-drafted sales agreement, your best protection is to do what it takes to make sure that the buyer “gets it.” If you spot a disaster waiting to happen, better to turn away the money in January than have to re- turn it in July.


About the author: Krysia Carmel Nelson is an attorney from Virginia who is a nationally-rec- ognized expert in equine law. Attorney Nelson represents horse owners, trainers, riders, breed- ers, equestrian facilities, farms, clubs and associations across all nation- ally and internationally recognized disciplines. As a lifelong equestrian, she currently rides and competes her Hanoverian Affirmed on Appeal in the amateur hunters. She can be reached at eqlaw@aol.com.


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