When Buying a Horse, Think Google, Vet Exam and Trial Period

5 06 2014

While I understand that common wisdom in some areas is (and maybe history bears out) that there are lots of horse sellers who are less than honest when selling a horse, I contend that (a) nowdays there are more honest horse sellers than there are dishonest ones; and (b) times have changed for the bad guys because buyers are becoming more educated and have instant access to a vast amount of information about Sellers and horses through technology (Google, Facebook, online registries, etc.) than ever before. The bottom line – and good news – is that it is much more difficult to lie about a horse you are selling – and correspondingly buyers are entering equine transactions better informed than they have ever been. Of course, buyers must take advantage of the great well of information that is now available to them and research the seller and the horse and even prior owners of the horse if possible. Remember that information is power and nowhere else is that more true than when negotiating equine sales transactions.

First, Buyer decides to buy a horse. Usually potential buyers look first to people they know in the horse world, often their trainer or stable owner/manager, to find out about potential horses for sale. And usually that is a great place to start. But do not assume that is always true. Think about your trainer or stable owner/manager. Has he/she been in your area or discipline for many years with a great reputation? I would suggest before assuming anything, you “google” anyone you are considering asking about a horse. Frankly, I always “google” a person’s name and the word “mugshot” just in case. And search their name on Facebook, Twitter, Instagram, etc. Sounds awfully nosey, I know, but you would be stunned at the number of times I have discovered extremely relevant and important information on a potential horse seller, prior owner, broker or trainer by doing these searches.

Second, I search USEF, AQHA, Jockey Club or other applicable registry to obtain the horse’s history and verify its registration and make sure other facts match up as told to me by the Seller (horse’s show record, lineage, age, height, markings) and to make sure that the records I am reviewing are for the same horse as the one being sold. Many clients have come to me thinking they were buying one horse whose show record was stellar only to discover later that the horse they purchased was not the same horse whose show record had been provided to them. And when that realization comes, of course the seller and/or broker are nowhere to be found. Also, be sure to speak with the horse’s current and historical veterinarian and get a release from the Seller allowing you to see all the horse’s vet records. And look at them and share them with your own veterinarian BEFORE your vet conducts the prepurchase examination on the horse – whether it is a basic, moderate or extensive examination. As I have mentioned before, if it does not make sense to pay for blood testing (usually it does, however), at least pay to have the blood drawn ($50-$75 usually) and professionally stored in case you get the horse home and in a month something goes terribly wrong and you want to run some blood tests at that point to check for prior drugging, disease, etc.

Third, study how the horse is currently worked and stabled. Does he have ten hours of turnout per day on ten acres with one other horse and never works? Is he worked every day and turned out in a paddock for an hour a day? What does he eat? Does he have allergies? Does he crib or have other bad habits? Is he accustomed to dogs running loose in the barn? And on and on. Find out everything you can about this horse from anyone whom you can find who knows something. Even though the information you receive may not all be 100% accurate, remember that information is power. That does not mean you believe everything you hear, just that you collect as much as you can and then filter through it yourself and draw your own conclusions about the horse. And, if you have access, always seek advice from professionals in the industry to see what they have to say and give their views whatever amount of weight you deem appropriate.

One last thing I will mention is that one of the best protections you can have is a trial period during which you have the horse at your stable but do not own him yet and have not yet paid for him (although some sellers will require a deposit be paid up front in order to take a horse on trial). Different disciplines are known for not permitting or for permitting or for encouraging trial periods. Regardless of what is typical in your discipline, do your best to convince the seller to give you a trial period of at least a couple of weeks (preferably a month or two) to see how the horse does with your rider and your barn and your other horses, if applicable. Even if the Seller requires a nonrefundable deposit payment, if you discover during the trial period that the horse will not adapt well to your environment or is not suited for your rider, you will be ever grateful that you negotiated a trial period and can send the horse back to his owner.

Moral of the story: Be careful! Be your own detective BEFORE YOU PAY ANY MONEY to verify the horse’s identity and habits, current environment and health history. And if you can, negotiate a trial period during which you can assess the horse’s suitability for your stable and rider so that if it is not a good match, you can return him to his owner and move on to greener pastures!

If you get into a bind and need assistance or just want to ask some questions to avoid getting in a bind, feel free to email me at dburch@rl-law.com. I often will answer a short and simple question for free if you are in North Carolina and I have time and know the answer off the top of my head! Or often know good equine lawyers in other states if you need a referral. If you don’t hear back from me quickly, it’s not because I don’t love you or think you have a great question or because I don’t know the answer (usually), I’m probably just really busy and haven’t had a chance to email back. And you can always buy the first hour of my time for $250 (my usual hourly rate for 2014 is $350). Lots of folks will save up all their equine (and some corporate or real estate) legal questions and short documents and sit with me for an hour and we will do as much as we can during that hour and it’s only $250. You can check out my Twitter feed @nchorselawyer as well as our firm’s Equine Law Group web page at http://www.rl-law.com/equine if you’re interested, and yes, in addition to providing what I hope are interesting and informative stories, this blog and the Twitter feed referenced above are also (in one way or another, I guess) an advertisement for legal services.

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When Selling a Horse, Think Full Disclosure!

25 03 2014

We have all seen it before with friends, family and maybe even ourselves:

Stage One: Seller decides to sell a horse. Buyer wants a horse, comes and tries Seller’s horse and likes it. Buyer has pre-purchase veterinary examination done on the horse (or maybe does not have one done if the horse has low purchase price that keeps it from being cost effective to have a pre-purchase examination). The pre-purchase examination, if done, does not show anything significant. Seller says he or she knows of no problems with the horse and Buyer then buys the horse from the Seller.

Stage Two: Buyer gets the horse to his home stable or boarding barn and within the first few days or weeks Buyer notices health or behavioral issues with the horse. Buyer is unhappy and contacts Seller about returning the horse for a refund. Or Buyer asks Seller to reimburse Buyer for expenses which Buyer has incurred in his or her efforts to correct the health and/or behavioral issues with the horse. Seller saw no problems with the horse before Buyer took the horse away and, in fact, may believe that something about the Buyer’s boarding situation or treatment of the horse is giving rise to this health or behavioral issue and so declines to give Buyer a refund or to reimburse Buyer for expenses. So here we are – at an impasse. What next?

Stage Three: this stage is where things usually get sticky. If the Seller has provided veterinary records to the Buyer and given the Buyer an opportunity for a pre-purchase examination and either one was not done – or the one which was done showed no issues- then as long as the Seller has disclosed anything which might be reasonably relevant to a Buyer (injuries, illnesses, bad habits, bad behaviors, rider injuries and the like), than the Seller needs to decide whether he or she wants to take the horse back. Sometimes Sellers love the horse, can afford to and would rather take it back and give the Buyer a full or partial refund than have the horse with someone who does not want the horse. But if that is not the case and a Seller makes full disclosure and gives adequate opportunity for the Buyer to have the horse checked out, then a Seller is certainly within his or her rights to refuse to (a) unwind the sale transaction or (b) reimburse the Buyer.

That being said, if the Seller has not been totally forthcoming about all issues with the horse about which the Seller is aware, then the Seller may want to refund the Buyer and take the horse back or face some difficult questions in court if the Buyer pursues the Seller in that venue. Seller’s reputation could also be at stake if Buyer chooses to share his unpleasant story with third parties. Sometimes it is more important to a Seller to maintain a stellar reputation in the horse community than it is to prove he or she is right in a particular sales transaction with a particular horse. That being the case, sometimes a Seller will refund money and take a horse back even when he or she really has done nothing wrong from a legal perspective. Lots of different factors come into play in these situations. Is the Buyer well known as a good, honest person? Is the Buyer known to be difficult? Is the Buyer a family member or family friend? Is the horse widely known for being chronically lame or is the horse widely known to be tough as nails? Is the veterinarian who did the pre-purchase examination a friend of Seller who will be sued for a faulty pre-purchase examination if the Seller refuses to unwind the sale? Can the horse’s issue be rehabilitated by the Seller? There are lots of questions the Seller needs to ask him or herself. Depending on the answers to these types of questions, the Seller may decide to refund the Buyer – or not refund the Buyer.

If a Buyer requests a trial period with the horse before finalizing the sale, I advise Sellers to check out the location where the Buyer is taking the horse to be sure the Seller is comfortable with the personnel on duty at that location and the overall safety of that location for the horse. Absent some reason not to, Sellers with horses out on trial should require that the horse on trial be on individual turnout (alone with no other horses) during the trial period so that the risk of the horse being injured is minimized as much as possible. There are two schools of thought on trial periods. Some Sellers feel like it weeds out earlier the people who will end up wanting to send the horse back and it’s a good idea which saves time in the long run. Other Sellers feel that their horse is placed at risk when it leaves their farm and they do not want to risk injury to the horse (or liability for the horse should it injure someone or something) by allowing a trial period so they do not allow them. Both schools of thought are valid, so it again is up to the individual Seller to determine what makes the most sense to him or her on this issue.

How to minimize the number of these sticky situations for Sellers?

While we cannot guarantee a Seller will never have a disgruntled buyer even if every precaution in the world is taken, there are things Sellers can do to help prevent these situations. If the Seller can afford it and it makes financial sense (i.e., the more valuable the horse, the more sense it makes), I recommend having the horse examined by a veterinarian before listing it for sale so that you can produce a vet report to potential buyers when they approach you and advertise the horse “as is, where is, with all faults,” while offering potential buyers the opportunity to have the horse examined for themselves as well. Also good protection for Sellers is an excellent sales contract drafted by an equine lawyer in the Seller’s state which sets out in detail the terms of the sales transaction, provides that Buyer has had the opportunity to have the horse examined by a veterinarian and also has a place in the contract for the Buyer to initial a statement which says: (a) the horse is being sold “as is, where is, with all faults;” (b) if the Buyer declines to have an examination done, Seller is not responsible for any issues that arise after the sale; and (b) Seller has disclosed all issues with the horse which are known to him or her, but that Seller is not making any guarantees with regard to the health or behavioral issues of the horse. Such language in a sales contract will help to protect Sellers somewhat and will hopefully remind Buyers of the importance of a pre-purchase veterinary examination of a purchase prospect.

Next month’s article will be about what to think about when you are buying a horse!

If you get into a bind and need assistance or just want to ask some questions to avoid getting in a bind, feel free to email me at dburch@rl-law.com. I often will answer a short and simple question for free if I have time and know the answer off the top of my head! If you don’t hear back from me quickly, it’s not because I don’t love you or think you have a great question or because I don’t know the answer (usually), I’m probably just really busy and haven’t had a chance to email back. And you can always buy the first hour of my time for $250 (my usual hourly rate for 2014 is $350). Lots of folks will save up all their equine (and some corporate or real estate) legal questions and short documents and sit with me for an hour and we will do as much as we can during that hour and it’s only $250. You can check out my Twitter feed @nchorselawyer as well as our firm’s Equine Law Group web page at http://www.rl-law.com/equine if you’re interested, and yes, in addition to providing what I hope are interesting and informative stories, this blog and the Twitter feed referenced above are also (in one way or another, I guess) an advertisement for legal services.





When You are Dealing With Horses Across State Lines, Be More Cautious Than Usual

16 10 2013

Oftentimes the horse you are considering buying or leasing is in another state. Or perhaps you need to send your horse for treatment or training in another state. Or you regularly show your horse in another state. What is the legal impact of crossing state lines in those situations? The various issues that can be impacted are many more than this article could cover in the allotted space, but hopefully we have highlighted some common concerns for you. Examples always seem to help illustrate these types of issues best, so we will use a few here.
Imagine that you live in North Carolina and you are looking for the perfect reining horse. You find an amazing two year old gelding prospect with a stellar lineage in Wyoming. His price is high, $75,000, but the Seller is a well-known and successful trainer who is willing to keep him for 6 months and put him into her intensive training program for you before sending him to North Carolina. Thrilled with your find and the proposed terms of the transaction, you hire a reputable, local Wyoming veterinarian to conduct a thorough prepurchase examination on him, including radiographs of all four legs and feet and he checks out beautifully. You make arrangements with the Seller to pay for him and for her to start him in her training program. Then you line up a shipper from Colorado to pick him up and bring him to North Carolina in six months on one of his regularly scheduled routes to the east coast.
What can go wrong?
Example #1: When the gelding arrives in North Carolina, he is fine at first and then goes lame on the left front. Your North Carolina vet checks him out, takes radiographs and advises you that he has significant navicular concerns and that there is no way that the Wyoming vet could have missed these concerns if he had truly conducted a thorough prepurchase examination with the radiographs you requested.
So it appears here you were the victim of veterinary malpractice.
Example #2: When the gelding arrives in North Carolina he is sound, but based upon his physical condition and his lack of education, he does not appear to have been in a training program for the last six months. The Seller claims he was in training and that you simply do not understand how to ask him to do what he has been taught to do.
So it appears that the Seller has failed to provide the training promised and thus has breached your agreement with her.
Example #3: You get a call when the shipper picks up the gelding after his six months of training and he confirms the horse is in great condition when the Seller puts him on the shipper’s trailer. The Seller contacts you and also lets you know the horse is in perfect condition when he gets on the trailer and even takes pictures on her iPhone and texts them to you so you can see how beautiful he is when he is boarding the trailer. The shipper advises you that it will be at least 3 days before he can get the gelding to North Carolina because of the distance and the need to stop and stable the horse overnight along the way. You try to contact the shipper every few hours to check on the horse and after the first day the shipper stops returning your calls or providing you with updates. You become concerned and the next telephone call you get is from a veterinarian in Lexington, Kentucky who owns an equine layover facility. Apparently your gelding was delivered to the facility for an overnight stay and when he was taken off the trailer he was three-legged lame with multiple lacerations all over his face and legs. The veterinarian asked the shipper what happened and he claims that the horse would not climb off the trailer for the last 36 hours so he just left him on and the horse apparently became agitated and thrashed around inside the trailer, hurting himself. In short, your gelding ends up spending a week in Lexington at an equine specialty hospital being treated for multiple injuries caused by the excessive time on the trailer before he can come home to North Carolina – and even then he may never be sound again. And because of the trailer trauma, the gelding understandably now has an intense fear of trailering and will have to be tranquilized in order to get him on any trailer in the future.
So this time the Seller is not at fault, but a shipper from Colorado has been negligent in shipping him and has caused harm to your horse.
The Common Thread
The common thread here is that you have a real, valid legal claim against another person or company who resides in (or is based in) another state. Can you sue someone in another state? Absolutely! You can certainly sue where he or she is located and maybe where you are located, depending on his or her relationship with your state (whether they do business there or have other types of connections there). And since the amount of your damages is arguably over $75,000, you may be able to sue in federal court as well if you and the potential defendant reside/are headquartered in different states.
So what is the problem? The problem is that is incredibly expensive to sue someone, period. And especially so in another state or in federal court. But when you add thousands of miles to the picture (or the complexity of federal litigation), the dollar signs keep increasing. Definitely in Example #1 (and perhaps all the examples) you will need to hire an expert to testify on your behalf about what was the proper thing for the defendant to do in your situation. Experts are typically very expensive (several hundred dollars an hour).
Also, in lawsuits you engage in something called “discovery” which involves, among other things, taking depositions of key individuals in the case. To take someone’s deposition, you are generally required to go where that person resides. That could mean traveling with your lawyer (who is also expensive) to Colorado or Wyoming (and perhaps Kentucky in Example #3). Out of state depositions typically cost anywhere from $2,000-$5,000 per person by the time you factor in all related expenses.
The bottom line is that pursuing someone in another state is extremely expensive, so you should take as many precautions up front as possible to make sure you minimize the chance of a legal claim (e.g., have two different veterinarians do pre-purchase examinations if the horse is expensive; buy health and mortality insurance on the horse before shipping; carefully research shippers and check several of shipper references; and buy travel insurance for the trip from Wyoming to North Carolina). In short, be very, very careful when entering into transactions over state lines so you can avoid the stress and heavy expense of an interstate legal dispute.

If you get into a bind and need assistance or just want to ask some questions to avoid getting in a bind, feel free to email me at dburch@rl-law.com. I often will answer a short and simple question for free if I have time and know the answer off the top of my head! If you don’t hear back from me quickly, it’s not because I don’t love you or think you have a great question or because I don’t know the answer (usually), I’m probably just really busy and haven’t had a chance to email back. And you can always buy the first hour of my time for $250 (my usual hourly rate for 2013 is $325). Lots of folks will save up all their equine (and some corporate or real estate) legal questions and short documents and sit with me for an hour and we will do as much as we can during that hour and it’s only $250. You can check out my Twitter feed @nchorselawyer as well as our firm’s Equine Law Group web page at http://www.rl-law.com/equine if you’re interested, and yes, in addition to providing what I hope are interesting and informative stories, this blog and the Twitter feed referenced above are also advertisements for legal services.





Drawing Blood During Pre-Purchase Exam Can Make All the Difference

23 09 2013

As I have said many times, I hear way too many stories about people buying or leasing a horse and finding out later that they did not get the horse which they thought they bought or leased. Typically these situations involve either a change in the horse’s temperament or a change in the horse’s soundness which becomes evident after it is too late to reverse the lease or purchase of the horse. In surveying some horse lovers I know, I was surprised to learn that many of my friends neither knew whether blood work was included in their veterinarian’s pre-purchase examination (I will use this term to describe both pre-purchase and pre-lease examinations) nor did they know, if blood was taken, what happened to the sample after it was drawn. Hopefully this article will give folks a better idea of why it is a good idea to ask your veterinarian to draw blood from your lease or purchase prospect. And why drawing the sample is important even if you cannot afford the actual testing of the sample at that time.

Blood tests, if done properly, can reveal a whole host of issues with a horse, including whether the horse has or has had viral or bacterial infections, chronic airway problems, a history of tying up, PSSM, EPM, EIM, chronic inflammations or infections, kidney or liver problems, abscesses, ulcers, skeletal muscle damage, chronic muscle inflammation, metabolic issues, levels of hydration or stress or oxygenation and anemia, to name just a few. The racetrack industry at the highest levels uses regular blood tests to determine workout strategies. If one asked around at a racetrack, one would find several trainers who insist on regular blood work and the keeping of a log to trace any significant changes that would lead them to rethink training strategies, including adding or removing supplements to a horse’s diet, determining duration of rest times between races and altering transport and stabling arrangements.

For most people, however, regular blood tests on their horse(s) is just not practical or something they can afford. Instead, we most often ask a vet to come look at a horse who is exhibiting a change in behavior or performance and ask the vet to take blood at that time. If the vet has a previous blood sample to which to compare the fresh blood sample (say, from when you had the veterinarian examine the horse before you purchased or leased it), the second test in times of trouble can reveal much more about your horse’s health than would having the veterinarian work from a single blood sample. Moreover, any significant change in health, such as a viral or bacterial infection, can be revealed much sooner through a comparison of a fresh blood sample to an older sample from the same horse and thus the horse can begin treatment sooner and possibly avoid costly and painful long-term effects from the ailment (or its treatment).

The bottom line is that it makes good sense to have bloodwork done on any horse you are considering leasing or buying (and await the results before proceeding with the purchase or lease) because if the blood sample drawn at your pre-purchase examination reveals traces of problems that would significantly hinder the horse’s performance either that day or somewhere down the road, you will still have time to decline the lease or purchase of the horse before money is exchanged. If you handle the testing in this way you will hopefully never be faced with the issue of whether or not to sue the seller or broker for misrepresentations about the health of the horse. And of course it goes without saying that bloodwork done as part of a pre-purchase examination can reveal most sedatives, analgesics or mood-changing drugs typically given to a horse in order to mask a more serious problem, behavioral or structural. Drawing and testing blood is often a very easy and relatively cheap (as compared to the cost of remedying the problems) way of finding out – before it happens – whether someone is attempting to sell you a horse with problems.

If you can afford to have the blood drawn (which is usually less than $100), but you cannot afford the testing of that sample (typically more than $250, depending on the breadth of the testing), I would still advise having the blood drawn during your pre-purchase examination and request the veterinarian or some another reputable blood storage company store the sample for you in case your horse ever exhibits problems which might have been revealed by a blood test. If that happens you can then go back and have the testing done on the original blood sample to see if the results of it help you to solve the puzzle of what is going on with your horse. You will need to research whether your vet is willing to store the sample for you and at what cost or whether there are blood “banks” nearby where you can keep your horse’s blood sample for optional further testing. Some would suggest having a portion of the sample stored even if you do have testing done before you purchase or lease because new methods for testing are developed periodically and there may be other things for which you would like to test the original blood sample at some point in the future. In North Carolina a client can request that his or her veterinarian deposit a particular horse’s blood at The Equine Health Clinic at Southern Pines (a branch of the North Carolina State University College of Veterinary Medicine), where, for a fee, they will perform extensive testing of blood (well beyond the usual Coggins and other generic testing), and in some instances may be able to store small blood samples for clients for several years.

So, if you are considering leasing or buying a horse, look into what types of blood testing are available in your area and if you find them too costly, ask how much it would cost to draw the blood sample and have it stored for future testing if that should become necessary. Either way you are far more protected than if you have no blood drawn at all during your veterinarian’s pre-purchase examination.

If you get into a bind and need assistance or just want to ask some questions to avoid getting in a bind, feel free to email me at dburch@rl-law.com. I often will answer a short and simple question for free if I have time and know the answer off the top of my head! If you don’t hear back from me quickly, it’s not because I don’t love you or think you have a great question or because I don’t know the answer (usually), I’m probably just really busy and haven’t had a chance to email back. And you can always buy the first hour of my time for $250 (my usual hourly rate for 2013 is $325). Lots of folks will save up all their equine (and some corporate or real estate) legal questions and short documents and sit with me for an hour and we will do as much as we can during that hour and it’s only $250. You can check out my Twitter feed @nchorselawyer as well as our firm’s Equine Law Group web page at http://www.rl-law.com/equine if you’re interested, and yes, in addition to providing what I hope are interesting and informative stories, this blog and the Twitter feed referenced above are also advertisements for legal services.





NC Liens for the Care of Horses

19 06 2013

The two most common calls I seem to be receiving these days in my equine practice are from people who (a) have had horses left in their care for which they are not being paid board or (b) have allowed someone else to keep their horses only to find out later that the person has given away or sold or euthanized their horse without their knowledge or permission.

This article addresses the former situation. You have a horse on your property and the owner or other possessor of the horse (lessee, family member, etc.) is not paying the agreed upon boarding fees. What can you do? Well, assuming you have an agreement for how much they are supposed to pay you for board (written agreements are obviously best, but an oral agreement, especially if made in front of a witness, can be okay too), you may be able to successfully assert a boarding lien, also known as an agister’s lien or a stablemen’s lien, on the horse in your possession.

The statutes that you need to read are N.C. Gen. Stat. Section 44A-2 through 44A-6. You can find them at http://www.ncleg.net/gascripts/Statutes/Statutes.asp. Just put “44A” in the top search box. These statutes explain how to go about asserting a lien on a horse in your care when you aren’t being paid proper board for the animal. Basically they provide, in summary, that if you board animals for people for pay and you don’t get paid, you have a preferential lien on that animal so long as you don’t voluntarily give up possession of the animal and so long as you follow the requirements of those statutes. The statutes provide that once you have not been paid for a period of 30 days you may begin the process to assert your lien on the animal. After 30 days of not being paid you can serve a notice on the owner of the animal (or person with whom you dealt regarding the animal) that contains very specific factual information set out in the statute and giving them ten days from the day that they receive the notice to respond via certified mail and, if they disagree with your assertion of the lien, to request a hearing before the court to determine whether you have a lien. If they do not request such a hearing and you have met all statutory requirements, then you will be entitled to sell the animal at a public or private sale, depending on the situation. Typically a public sale is better because you are permitted to buy at that type of sale whereas you cannot buy the horse yourself at a private sale.

Once you’ve reached the point where you are permitted to sell the animal, you have to give notice of the sale to the owner (or person with whom you dealt regarding the animal) and that notice has to contain very specific information as well. If you follow the letter of the statute properly with regard to all the notices and the sale itself, the buyer at the sale will take title to the horse free and clear of any liens and the proceeds of the sale will pay, first, your reasonable expenses in pursuing the debt (the statute does not include attorney’s fees specifically, but you may have an argument that you are entitled to them), second, the past due boarding obligation owed for the animal’s board and care; and last, any surplus must be paid to the owner (or person with whom you dealt regarding the animal) or, if you cannot find him or her, into the clerk of court for the county in which you have been boarding the horse.

This is of course a very simplified summary of the law regarding liens on boarded animals, but hopefully it has given you a flavor of how the lien process works. And we are of course assuming here that you can actually find buyers to come to your sale if you have one. Right now there is a surplus of horses and in many situations, even where the statutory procedure is followed perfectly, there will be no buyers present at the sale to bid on the horses being sold. If that is the case then you’re still unfortunately out of luck when it comes to that horse. If you’re having a public sale, you can bid in at the amount of your damages and the horse becomes yours. That may be good or that may be bad, depending on your perspective (and the horse!). Then you have a choice to make about whether you keep the horse for yourself or donate the horse to USERL or similar organization. In some cases, I have had clients who asserted a lien on a horse which was left at their property without payment, sold the horse at a public sale, had to buy the horse themselves for the amount of their lien (basically just forgiving the debt to themselves) and ended up selling the horse to a buyer in another state whom they strategically located and contacted about the horse because of that animal’s specific attributes. That is a rarity, of course, but can actually happen and it is truly wonderful when it does!

My recommendation is to hire a good equine lawyer at least for the first time you decide to assert a boarding lien on a horse in your care. Once you’ve been guided through the process once by a legal professional and developed an internal procedure for asserting such a lien, the next time you just might be able to handle it all by yourself!

If you get into a bind and need assistance or just want to ask some questions to avoid getting in a bind, feel free to email me at dburch@rl-law.com. I often will answer a short and simple question for free if I have time and know the answer off the top of my head! If you don’t hear back from me quickly, it’s not because I don’t love you or think you have a great question or because I don’t know the answer (usually), I’m probably just really busy and haven’t had a chance to email back. And you can always buy the first hour of my time for $250 (my usual hourly rate for 2013 is $325). Lots of folks will save up all their equine (and some corporate or real estate) legal questions and short documents and sit with me for an hour and we will do as much as we can during that hour and it’s only $250. You can check out my Twitter feed @nchorselawyer as well as our firm’s Equine Law Group web page at http://www.rl-law.com/equine if you’re interested, and yes, in addition to providing what I hope are interesting and informative stories, this blog and the Twitter feed referenced above are also advertisements for legal services. I have to tell you that in bold, says the State Bar.





NOT a Good Practice to Have a Seller Veterinarian do Your Prepurchase Exam

30 05 2012

I would think this principle goes without saying but, based upon my experience recently, it may not, so I will say it:

If you are purchasing a horse from a vet, do not rely on him or her for your prepurchase examination of that horse. 

While most vets are wonderful, honest folks, there are a few who are not and you can avoid worrying about which is which if you have an independent, neutral veterinarian conduct your prepurchase examination on any horse you are considering for purchase from a veterinarian.  Frankly, most of the good veterinarians I know would refuse to do the prepurchase examination for you if they were selling you a horse for fear of having it even LOOK like a conflict of interest – and wanting to avoid that concern altogether by having a neutral vet come in to conduct the prepurchase exam.

The less savory seller vets will tell you that they will do the prepurchase for you at a discount to lure you into thinking that’s the way to go.  And before folks yell at me for that statement, I will say that I am certain there are perfectly fine, nice, honest vets who sell horses and offer a discounted prepurchase examination if you use them.  But my point is that you will not know which are the good folks who are genuinely trying to help you by doing the exam themselves and which are the vets who are trying to get you to let them conduct the prepurchase examination for their own selfish reasons.  So, in my professional opinion, the best practice is to avoid the scenario altogether and get a vet who has no connection whatsoever to the seller of the horse.  For example, they didn’t go to vet school together, they weren’t in each other’s weddings, their kids don’t play little league together….you get the point.  Just like when hiring a lawyer, you want a vet doing your prepurchase examination who ONLY has YOUR interests at heart and does not have any vested interest – financial, social or emotional – in the seller vet or in whether you purchase the horse or not.

Good luck out there!

If you get into a bind and need assistance or just want to ask some questions to avoid getting in a bind, feel free to email me at dburch@rl-law.com. I often will answer a short and simple question for free if I have time and know the answer off the top of my head! If you don’t hear back from me quickly, it’s not because I don’t love you or think you have a great question or because I don’t know the answer (usually), I’m probably just really busy and haven’t had a chance to email back. And you can always buy the first hour of my time for $250 (my usual hourly rate for 2012 is $325).  Lots of folks will save up all their equine (and some corporate or real estate) legal questions and short documents and sit with me for an hour and we will do as much as we can during that hour and it’s only $250.  You can check out my Twitter feed @nchorselawyer as well as our firm’s Equine Law Group web page at www.rl-law.com if you’re interested, and yes, in addition to providing what I hope are interesting and informative stories, this blog and the Twitter feed referenced above are also advertisements for legal services.  I have to tell you that in bold, says the State Bar.

Happy Riding!





Drug Test That Horse Anyway!

7 03 2012

Recently have discovered a new trend with unsavory sellers in the equine world.  They can be very creative, I’m afraid.

Here’s the newest trick.  You go to try a horse and it is delightful.  You decide to buy it so you very responsibly have a licensed equine veterinarian come out to conduct a pre-purchase examination.  When you get to the point where your vet is going to draw blood, the seller pipes up “Oh, we had to tranq him yesterday to (shoe him, clip him, load him, etc) and so there’s no point in drug testing him because he will have Ace in his system from that.”

Of course you have no prior notice they are going to say this or that they had tranquilized the horse for any reason, but it sounds reasonable and drug testing is expensive, and your daughter is standing there with tears in her eyes at the idea of NOT being able to take this horse home with you today so you relent and “trust” the seller.  Never, ever trust the seller blindly.  Even if you have dealt with this seller for years and he’s related to you or whatever, you are still responsible for protecting yourself, even from people you know and love.  A good, trustworthy seller will understand completely where you are coming from and that it’s not a personal attack on the seller if you want a drug test on the horse he or she is selling.  That’s just plain smart and a good, honest seller will tell you that it’s a good idea.  If you feel bad about pushing for the drug test, feel free to blame it on that lawyer Dottie Burch who says buyers should always conduct their own independent investigations into the health and well being of any equine he or she is purchasing.  Unless of course you are prepared to lose all the money you have invested in the animal and are okay with that.  Most of us don’t have money to throw away, but if it’s a $50 horse, maybe you take a chance?  Well, even then the horse could be carrying Equine Infectious Anemia or something just as bad and you would still want to know that before you put that horse with your other horses or at a barn with other folks’ horses.

Everything about keeping and caring for horses is so expensive that even if the purchase price isn’t high, you still want to protect yourself with a pre-purchase examination by an independent equine veterinarian (no, it’s not okay to use the seller as your pre-purchase exam vet if the seller just happens to be an equine vet – which is not that unusual around here – lots of equine vets have horses and buy and sell horses) coupled with a drug test if you can possibly afford it.  If you can’t, just be prepared that you are taking a risk and that risk could have dire, or at least expensive, consequences.

So what to do in this case?  Go ahead and drug test the horse anyway or wait and come back to test later.  If you go ahead and test, be sure to inform your independent equine veterinarian about exactly what the seller told you they gave the horse and when.  And then let your vet speak with the seller to get confirmation of that information. The vet may suggest waiting, leaving the horse where it is for a while and coming back to draw blood and ride the horse when the tranquilizers are supposedly out of its system.  If so, wait and test later so you will know for sure.  Otherwise, it’s a crap shoot which you might just lose.

If you get into a bind and need assistance or just want to ask some questions to avoid getting in a bind, feel free to email me at dburch@rl-law.com. I often will answer a short and simple question for free if I have time and know the answer off the top of my head! If you don’t hear back from me quickly, it’s not because I don’t love you or think you have a great question or because I don’t know the answer (usually), I’m probably just really busy and haven’t had a chance to email back.  And you can always buy the first hour of my time for $250 (my usual hourly rate for 2012 is $325).  Lots of folks will save up all their equine (and some corporate or real estate) legal questions and short documents and sit with me for an hour and we will do as much as we can during that hour and it’s only $250.  You can check out my Twitter feed @nchorselawyer as well as our firm’s Equine Law Group web page at www.rl-law.com if you’re interested, and yes, in addition to providing what I hope are interesting and informative stories, this blog and the Twitter feed referenced above are also advertisements for legal services.  I have to tell you that in bold, says the State Bar.

Happy Riding!