Some final caveats regarding advertisements: the law
generally treats an advertisement as an “invitation to deal,” and not a firm offer that can be accepted by someone just showing up with cash in hand. But you don’t want your ad to read like you will, in fact, sell to the first buyer who shows up with cash in hand. It is rare to see an ad that runs afoul of this guideline, but in drafting an ad it is an important guideline to keep in mind. As for other details included in an ad, it is important to distinguish opinions from facts. For example, if you have schooled your green horse over a 2’ course at home and the horse has jumped out of his paddock where the fence is 4’ high, then consider the following statement: “Green horse with great jumping potential, schooling over courses.” This is okay, because the “great jumping potential” is an opinion not a warranty, and “schooling over courses” is factually ac- curate. But what about stretching that to: “Derby prospect, schooling over courses, jumping 4’”? “Derby prospect” is an opinion, and yes the horse is schooling over courses, and yes it has jumped 4’, but it is not schooling over 4’ courses as the ad might be read to suggest. Another version could be “Young horse, jumping courses, will make top Derby or
Junior Hunter and will win anywhere!” The “Young horse” and “jumping courses” statements are factually accurate, but how about “will make top Derby or Junior Hunter and will win anywhere”? The use of the word “will” could be interpreted to elevate this statement to a warranty—bet- ter to use terms like “prospect” and “competitive” in order to keep the statement firmly in the realm of opinion and what is called “sales puffery.” The take-away is that opinions are generally fine, but you have to make sure that facts are stated accurately and in a way that is not misleading.
About the author: Krysia Carmel Nelson is an at- torney from Virginia who is a nationally-recognized expert in equine law. Attorney Nelson represents horse owners, train- ers, riders, breeders, equestrian facilities, farms, clubs and associa-
tions across all nationally 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.
Offering top dressage horses, hunters and jumpers from Europe and breeders of quality KWPN horses. Selections and training available from young horses to Grand Prix.
Standing KWPN stallion Special D and several other quality KWPN stallions
Training | Showing | Sales Aiken, South Carolina 803.648.9951
BreezyHillSouth.com Warmbloods Today 73
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