Showing 54 posts in Sales/Disputes.
Common Characteristics of Equine Sale Disputes—And Ways to Avoid Them
Equine sales are on the upswing these days, and many believe we’re now in a seller’s market, with high prices and eager buyers. As a busy lawyer with over 35 years of experience, my phone rings frequently with calls from horse buyers or sellers who are considering a lawsuit or who have been threatened with one. Read More ›
Categories: Contracts, Fraud & Abuse, Sales/Disputes
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The Seller’s Contract Includes an “As Is” Disclaimer – Now What?
Before a horse sale concludes, the seller asks the buyer to sign a written sale contract that includes an “as is” disclaimer. Should the buyer sign the contract? And if the seller refuses to negotiate a removal of that disclaimer, should the buyer walk away from the transaction? Not necessarily. Read More ›
Categories: Compliance, Contracts, 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
Top 10 Things The Equine Community Needs To Know About Equine Liability Laws
"Julie Fershtman is considered by many to be the nation's leading expert on equine activity liability acts. Her 30-minute presentation for a recent educational webinar on equine activity liability acts for the American Horse Council is available for viewing. Please take a look, here's a link: https://www.youtube.com/watch?v=hCROISSPMJs
Fershtman’s Equine Law Book Wins Fourth National Award
Julie Fershtman’s latest book, Equine Law and Horse Sense, won its fourth national award on May 31, 2021. It was selected to receive a "Finalist" Medal in the 2021 Next Generation Indie Book Awards.
The 2021 Next Generation Indie Book Awards are presented by Independent Book Publishing Professionals Group, which is the largest International awards program for indie authors and independent publishers. Here’s a link for the complete list of 2021 winners and finalists: https://www.indiebookawards.com/winners.php?year=2021
Fershtman’s Equine Law Book Receives Third National Award
Julie Fershtman’s book, Equine Law & Horse Sense, published by the American Bar Association, has been selected to receive a 2020 NYC Big Book Award in the category of “Reference” books.
The NYC Big Book Awards draws nominations world-wide. This is the third award for Fershtman’s book since its publication last year. Here is a link for more information, and to see the list of winners: https://www.nycbigbookaward.com/2020winners
Information on the book: https://www.amazon.com/gp/product/164105493X/ref=dbs_a_def_rwt_hsch_vapi_taft_p1_i0
Equine Blog Ranked in Feedspot
Foster Swift's Equine Law Blog was ranked #8 in Feedspot.com's "15 Best Equine Law Blogs and Websites".
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Upcoming Speaking Engagements
In 2022, Julie Fershtman is scheduled to be a speaker on equine liability at these conventions:
- American Horse Council Annual Meeting and National Issues Forum, Washington D.C. - June 6, 2022
- National Conference on Equine Law, Lexington, Kentucky – May 4, 2022
- IRMI Agribusiness Conference (“AgriCon”), Sacramento, California – March 8, 2022
- New York State Bar Association Equine Law Symposium (virtual conference) – February 9, 2022
Fershtman’s Equine Law Book Receives Second National Award
Julie Fershtman’s book, Equine Law & Horse Sense, published by the American Bar Association, has been selected to receive a 2020 NYC Big Book Award in the category of “Reference” books.
The NYC Big Book Awards draws nominations world-wide. This is the third award for Fershtman’s book since its publication last year. Here is a link for more information, and to see the list of winners: https://www.nycbigbookaward.com/2020winners
Information on the book: https://www.amazon.com/gp/product/164105493X/ref=dbs_a_def_rwt_hsch_vapi_taft_p1_i0
Honors & Recognitions
Equine lawyer, Julie Fershtman, has received 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
Some of our Equine Law Services
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 a wide variety of equine-related 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, US Hunter/Jumper Association Annual Meeting, Midwest Horse Fair, Equitana USA, US Dressage Federation Annual Meeting, North American Riding for the Handicapped (now PATH International) 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 directly.
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