THE HORSE GAZETTE
equine legal issues with lisa C. smith
Part 2 of 2
Horse buyers beware...
How to avoid mistakes when buying a horse
When buying a horse horse that is useless, and both dollars for an entire day, but
directly from the seller, ev- parties may attempt to place the public programs may have
eryone’s duties are clear. The responsibility for the financial a docketing fee of less than
buyer represents him or herself loss upon the other. A written $100 for several hours with
and tries to negotiate the best contract sets forth who bears the qualified mediators who often
deal that he or she can get. The risk of loss prevents disputes. volunteer their services. Often
seller does the same. At times, A contract and the purchase the mediators or arbitrators are
buyers hire agents to find the of equine mortality or loss-of- attorneys who know the state
right horse. The agent has an use insurance protect buyer laws, can educate the parties
exclusive duty of loyalty to that and seller. Each knows who on the strengths and weak-
buyer. A trainer or agent may is responsible for what, when. nesses of their legal positions,
represent an absentee horse Further, installment contracts and help the parties to draft
owner who wishes for the agent and payments may be handled a settlement that both parties
to sell the horse on his or her by a neutral, third-party: an can live with. Such ADR
behalf. The seller’s agent has equine escrow service. programs achieve mutually-
an exclusive duty of loyalty If a dispute over a agreed upon settlements more
to the seller. Occasionally, an horse sale occurs, buyers may than 85 percent of the time,
agent will attempt to obtain have remedies in court after and parties report satisfaction
a fee from both buyer and filing a lawsuit for breach of with the process. ADR is less
The ECB Hydrotherapy Spa has arrived!
seller. This is known as “dual contract, breach of warranty expensive than litigation, and
agency.” Dual agency can lead pursuant to the U.C.C., fraud, ADR may provide a way for
This form of hydrotherapy has been used extensively in the US and abroad
to a conflict of interest because or deceptive trade practices, the parties to preserve their
and is quickly becoming an equine sports medicine mainstay.
the agent attempts to serve among others. Each case has business relationship, which
two masters—one on each unique facts, and different may be meaningful for people
side of the same transaction. state or even federal laws may intending to participate in the
These arrangements should be apply depending on where the same equestrian community
viewed with a healthy amount parties live, the sales contract’s for a long time.
This unique hydrotherapy of skepticism. choice-of- law provision, and A friend of mine
is extremely effective in
A written contract the amount of money involved. says, “Owning a horse is a
the treatment and
helps to protect both buyer’s Before suing over a disputed beautiful dream—and about
and seller’s expectations. Each sale, it is best if buyer and seller half of it is really real.” For
prevention of the majority
horse sold should have a bill of can go to the table and try to the other half of the dream,
of lower leg injuries
sale and negative Coggins test. work out a solution. This is of- buyers can fulfill their duties of
such as:
Bills of sale or sales contracts ten difficult because both parties due diligence, carefully draft
set forth the promises that both are very emotional. sales contracts, hire escrow
buyer and seller make for the Mediation or arbitra- services when appropriate, buy
• Tendonitis • Desmitis change of ownership to take tion—known sometimes as insurance to protect the buyer
• Arthritis • Shin Splints
place. This is especially im- “alternative dispute resolution” and seller from the risk-of-loss
• Concussions • Bursitis
portant when a buyer and seller or just “ADR”—can be an ef- during an installment contract,
agree that the buyer will pay fective alternative to filing suit. and try alternative dispute
• Synovitis • Hoof Injuries
the purchase price over time. Parties may include clauses resolution programs.
• Open Wounds Problems may arise when a requiring ADR in the sales con-
This article was in-
• Infections
buyer pays the purchase price tract, or one side may invite the
tended for informational and
• Skin Irritations
in installments and then a horse other party to attend a session
educational purposes. Be-
is accidentally injured or dies. after making an appointment
This type of accident is rare, but with a mediator or arbitrator.
cause every equine transaction
it does happen because horses These professionals may be
is as unique as the horse and
18675 Marbach Lane
Phone: 210-651-6202
are not widgets from a factory found in local court-based pro-
horsemen involved, buyers
San Antonio, TX 78266
Fax: 210-651-1557
assembly line. Despite their grams, non-profit organizations,
and sellers should consult the
size and majesty, they are frag- or through bar association refer-
advice of an attorney before
8 am - 6pm Monday-Friday
Emergency Contact Day or Night:
ile animals. Overnight, a horse rals. ADR costs range from
finalizing their contracts.
Saturday: By Appt. Only
210-651-6202
can colic or get cast in a stall. A hundreds of dollars to a nominal
You can contact Lisa
performance horse turned out in fee. Some mediators specialize
at 519 S. Presa, San Antonio,
www.BrackenEquine.com
a paddock can sustain a career- in equine disputes and charge
Texas 78205, (210)863-7472,
ending lameness. Then, neither accordingly. Private mediators
(210)340-0041 fax or e-mail:
buyer nor seller will want a may charge several hundred
horselawyer@satx.rr.com.
2009 san antonio saddle horse
association’s charity horse show
The Visitation House Visitation House pro-
The SASHA Charity
is this year’s charity organiza- vides weekly case management,
Horse Show will be held March
tion by the annual San Antonio individual counseling services,
6-8, 2009 at the San Antonio
Saddle Horse Show Association referrals, and monthly retreats.
Rose Palace.
Charity Horse Show. They also offer life skills work-
For more informa-
Visitation House of- shops such as parenting, finances,
tion about entering or attending
fers transitional housing and literacy, budgeting, self-esteem
the show, call 210-884-5567 or
support services to homeless and healthy relationships.
visit: www.sashatx.org.
woman and their children. The The participants set
goal of the program is to as- short and long-term goals and
sist women who are willing to commit themselves to work
commit themselves to personal, toward the achievement while
educational and vocational goals Visitation House assists and sup-
that will move them from de- ports them in their efforts.
pendency and homelessness to There are transitional
positive growth, self-reliance, housing apartments for some of
and permanent housing. the participants where they can
Feed & Tack Store Hours: The participants study establish a credit history, where
or train full time in an education they are responsible for the rent
Monday - Saturday
or vocational program. A Visi- and utilities.
8:30 am - 6:30 pm • Hay • Shavings • Feed • Tack
tation House Adult Education Visitation House ac-
Specialist also provides assis- cepts donations, grants from
Sunday
• Supplements • Grooming Supplies
tance and consultation to each charitable foundations and fund-
10:00 am - 2:00 pm
and so much more!
participant. raising activities.
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