Seven Suggestions For Avoiding Equine Sale Disputes

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342 – July/August, 2024

By Julie I. Fershtman, Attorney at Law · www.equinelaw.net

I’ve represented horse buyers and sellers on equine sales disputes for decades. Lawsuits have involved claims of breach of contract, fraud, violation of a state Uniform Commercial Code, or violation of a state Consumer Protection Act or Deceptive Trade Practice Act. Lawsuits can involve rescission of a sale, return of a horse, reimbursement of a party’s expenses, reimbursement of legal fees, and sometimes more. State laws differ.

Certainly, lawyers like me enjoy winning cases for our clients, but the fact is that lawsuits take their toll on the parties involved– emotionally and financially. Here are some suggestions for avoiding sales disputes.

What Not to Do in Horse Sales

1. Before you publish statements in advertisements make a reasonable effort to check for accuracy. Make sure you can confidently stand by the statements you place in your ads. Years ago, I represented buyers in a lawsuit where a horse had been advertised as “sound,” with “no bad habits” and “ready to show.” Evidence uncovered in the case, however, proved those statements to be false and even raised serious questions about whether the sellers recklessly included them.

Click here to read the complete article
342 – July/August, 2024