Showing 54 posts in Sales/Disputes.
Rights of First Refusal in Equine Contracts
What is a Right of First Refusal?
A “right of first refusal” is a right that is granted under a contract that requires that the one who has bought or received a horse, under certain terms and conditions, give the seller an opportunity to own the horse again if or when the buyer wants to part with the horse. Read More ›
Categories: Sales/Disputes
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Doing Business With Someone From a Foreign Country
Interstate and international equine transactions are more common than ever. The internet takes some of the credit for this. When people do business with others across state and international lines, however, they face numerous legal risks. Read More ›
Categories: Contracts, Sales/Disputes
Injunctions in Equine Disputes
A horse seller agrees to sell a horse on a handshake, but the seller was about to sell the horse to someone else. The would-be buyer wants to enforce the sale and stop the sale to someone else.
The answer almost always involves the law of injunctions. Injunctions can be complex, and the legal proceedings are usually very costly. Read More ›
Categories: Sales/Disputes
Can You Buy and Sell an Unborn Foal?
A mare is in foal, and the mare/prospective foal owner sells the foal months before the foal is born. These arrangements occur with some frequency in the equine industry. In these unique arrangements, a carefully worded contract is important for a few reasons: Read More ›
Categories: Sales/Disputes
Avoid Installment Sale Disputes
Banks do it. Credit card issuers do it. Horses can be expensive, and buyers often want to spread out their payments over time. Should you, the horse seller, do it?
The business of extending credit is risky. The horse seller and the bank have much in common when they agree to extend financing. Both take a risk that the buyer will make payments faithfully. But that is where the similarities end. Banks protect themselves by credit checks, financial disclosures, and detailed contracts. Not so in the horse industry. Horse sellers often part with a horse merely on a handshake and with only a tiny fraction of the purchase price paid up front -- just minutes after meeting a total stranger who wants to buy the horse.
This article discusses some pitfalls of installment sales transactions and offers some practical suggestions for avoiding them. Read More ›
Categories: Sales/Disputes
Equine Leases – Avoiding Disputes When They End
What happens when an equine lease ends, but the lessee refuses to return the horse? Can the lessor (the “lessor is the one who owns the horse and leases it to another) simply enter the premises and remove it? A lessor owns the horse, and one would expect that he or she can simply re-claim the property, even if it means entering someone else's land and taking away the horse. Be careful!
Problems can occur, especially when a lease agreement is not in writing. For example, what if the “lessee” (the “lessee” is the one who takes possession of the leased horse under the terms of the lease agreement) thought he bought the horse? Or, what if the lessee thought the lease was not over? Read More ›
Categories: Contracts, Sales/Disputes
Perils of the Verbal Contract
“Get it in writing!” No matter how often lawyers utter these cautionary words, people in the horse industry continue to do business on a handshake. Unfortunately, legal disputes involving verbal agreements are rarely quick, easy, or cheap to resolve. Why?
With nothing in writing, each party to the transaction often has a totally different understanding of what it involved. As a result, it sometimes takes a lengthy lawsuit to prove the contract’s terms.
Those who fail or refuse to use written agreements accept the risk that any number of problems can occur. Here are some of them: Read More ›
Categories: Contracts, Liability, Sales/Disputes
Horse Tip Daily #483 - "When Clients Don't Pay"
Our challenging economy has taken its toll on equine businesses, many of which are seeing unprecedented numbers of clients who cannot afford to pay their boarding fees. Does the law allow the stable to sell off a horse for non-payment? What are the stable's rights? This podcast explores state laws to prevent stables, owners, and purchasers from costly civil – and criminal – legal battles.
Categories: Boarding, Radio Broadcasts, Sales/Disputes
Do Registration Papers Prove Ownership of a Horse?
Many people believe that the one who is named on a horse’s registration papers is the horse’s true owner. This issue is not only important in sales settings but also in liability settings, as well.
Courts in a few states have examined the issue of whether registration papers prove ownership and have held that the name appearing on a horse’s registration papers may not necessarily be the name of the horse's true owner. In essence, these courts have recognized that differences exist between registration papers and a title to a car. There are several reasons for this; here are two: Read More ›
Categories: Liability, Sales/Disputes
8 Suggestions for Avoiding Equine Sale Disputes
A few years ago I represented buyers of a horse who were victims of sales fraud. We took the case to trial, and we won. The judge even ordered the sellers to pay 100% of my clients’ legal fees.
The facts of the case were not complex. My clients bought a show horse for their daughter, a novice rider. In sales literature, the sellers represented this horse, a gelding, as “sound” with “no bad habits” and “ready to show.” My clients brought their daughter before the sale to test ride the horse, and he behaved beautifully in a chaotic environment with many distractions. Two days after the purchase, however, the horse showed drastic behavioral changes. He was unruly and dangerous. The sellers refused to reverse the sale. Left with a dangerous, unsound, and unsuitable horse, my clients had no choice but to hire me to help.
The fact is, many sales disputes can be avoided. Here are eight suggestions for what sellers should not do when selling a horse: Read More ›
Categories: 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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