You’ve seen the term “As-Is.”  Everything from cars, houses, even items on eBay use the term when making a sale.   The phrase seems self explanatory – that the buyer is accepting the item “with all faults” – however, be forewarned, this is not always the case.  As many an equine attorney will tell you, if you purchase a horse and later discover a pre-existing condition the seller failed to disclose this is fraud and the buyer may have grounds to file a suit – even if an “As-Is” clause exists in the sales contract.

It goes without saying the purchase of a horse should never be done without a written contract.  Moreover, depending our your specific needs it’s likely you’ll need more than a simple “As-Is” clause in your horse sales contract.

Equine Law Firm Can Help With Details of Sales Contracts

When buying or selling a horse, an equine attorney can be vital in assisting in scripting “As-Is” clauses and warranty details.  There are generally two types of warranties written into horse sales contracts:  express or implied.  As a general rule of thumb, a buyer will want as many express and implied warranties written into a sales contract, a seller should seek to limit express warranties and to exclude implied warranties.

Horse Attorney Talks Express and Implied Warranties

Express warranties are those which are detailed by the parties in the sales agreement.  They often include facts such as the horse’s lineage, show or jumping history and health.  It will be to the buyer’s advantage to have a horse attorney include as many express warranties written into the sales contract as is reasonable.  This helps to better protect the buyer from later surprises.

Equine Law Firm Recommends Pre-Purchase Examinations Including X-Rays and Blood Work

Another way to keep surprises at bay is to conduct a pre-purchase examination with an independent veterinarian.  Be sure to have the examination include x-rays and blood work which can unearth pre-existing conditions and medications that can go undetected with a basic assessment which might only reveal visible or observable defects.

Understand Implied Warranties: Notes From a Horse Attorney

There are two types of implied warranties – merchantability and fitness.  An implied warranty of merchantability is an unwritten and unspoken guarantee that the horse purchased conforms to ordinary standards of care and that they are of the same average grade, quality and value as similar horses sold under similar circumstances.  The warranty of fitness for a particular purpose is implied when a buyer relies on the seller to fit a specific request.  For example, if a buyer purchases a horse with the explicit intention of breeding and the horse is incapable of breeding, the buyers are entitled to an implied warranty of fitness.

There are a number of requirements that must be met for a court to imply a warranty of fitness, just as there are a series of circumstances that must be proven in order to imply a warranty of merchantability.  An equine law firm can help determine if a breach of implied or express warranty has taken place as is according to the Uniform Commercial Code (UCC) which horses are sold under in most states.

For more information about horse sale contracts or equine law issues, please contact T. Randolph Catanese, Esq. at the equine law firm of Catanese & Wells

at (818) 707-0407.

Equine Law Firm Basics:  What You Need to Pursue Equine Veterinary Malpractice

Generally speaking veterinary malpractice is professional negligence by a veterinarian.  For an equine law firm to win a malpractice case a horse attorney must prove:

1)      A relationship between a veterinarian and a client which establishes duty of care.

2)      That the veterinarian breached or departed from that duty and committed an act which was below the standard of care for veterinary practice.

3)      Proximate cause, meaning proof that the veterinary’s specific actions and not some other reason caused the horse’s devaluation or death.

4)      The sum of money lost as a result of the horse’s devaluation or death.

Horse Attorney Answers “What Kind of Recovery is Available in a Veterinary Malpractice Suit?”

In almost all instances the horse owner can ask minimally for the fair market value of the horse.  Depending on the jurisdiction, you may also be able to recover loss of profits, costs and expenses related to the litigation, pre-judgement interest and potentially equine law firm fees.  Laws vary from state to state on what financial recovery can include, consult a horse attorney to help you better understand what is allowed in your area.

Equine Attorney Smarts:  A Few Final Details About Equine Veterinary Malpractice

While getting in touch with an equine law firm is the best way to determine if a suit is something you would like to pursue, here are some important additional facts about equine veterinary malpractice.

• Expect Substantial Time Investment.  Most veterinarians are prone to defend and not settle cases.  This means many cases go through extended litigation before a settlement.  Many go to trial.

• Finding Experts Isn’t Always Easy.  Equine malpractice suits almost always require an expert to testify.  This means finding an independent veterinarian willing to testify against another veterinarian a sometimes not-so-easy task.

• Act Quickly.  There is a short statute of limitations for veterinary malpractice.  Be sure to check with an equine lawyer on your state’s statute before proceeding.

• A Competent Horse Attorney is a Must.  From distinguishing malpractice from negligence, to being able to site breach of contract elements and understanding veterinary errors and omissions insurance, a knowledgeable and experienced equine attorney can be a difference-maker in a case.

For more information on equine law or equine veterinary malpractice, please contact an equine attorney at (818) 707-0407.

California law firm horse attorney warns of unknown horse industry partnerships

Which of the following may constitute a partnership?

Scenario #1:  You buy a horse, and your trainer trains and shows him.

Scenario #2:  Two breeders share a broodmare; each has a foal from the mare every other year

Scenario #3:  An owner sells shares of a stallion to several other people

The answer:  All three.

In my experience as an equine attorney, I have found it all too common when an individual in the horse industry believes they have relationship with another person when they are in fact in a legal partnership.  Unfortunately, most do not realize this until the “relationship” begins to dissolve and issues arise.  And, it is only then that equine law firms and horse attorneys are contacted.

In California, the California Uniform Partnership Act of 1994 governs partnerships.  According to this act a partnership can be formed whether or not the persons involved intended such a relationship.  All too often two or more individuals combine their money, property or time to purchase a horse without fully taking into consideration who will have explicit control over decisions involving the care and keeping of a horse including vet care, training, show participation and boarding.

When to get an equine law firm involved

I cannot stress how valuable it is to get a California law firm equine attorney involved from the beginning of any horse relationship.  Having a written equine partnership agreement where all the details are spelled out – down to how the partnership will eventually be dissolved is of the utmost importance.  Oftentimes a horse attorney can limit your personal exposure to liability from the actions of other partners.

I think I’m in a horse partnership – now what?

If you believe you may already be in a horse partnership, contacting a horse attorney is a wise decision.  An equine law firm can advise you on decisions such as the possibility of converting the partnership to a more formal entity such as a corporation or LLC in order to limit liability.

For more information, please contact a California law firm equine attorney at (818) 707-0407.

Would you buy a home if your real estate agent was representing both you and the seller?  Some might consider it a conflict of interest.

It’s been illegal for many years for a real estate agent to represent both buyer and seller without both parties being completely in-the-know.  This has not been the case when it comes to horse sales in California – until now.

Equine attorney and civil litigation lawyer in California

Understanding the basics of the new California Business & Professions Code 19525 can help ensure a smoother horse purchase or sale, and help you better understand if you are in need of an equine law firm or California civil litigation lawyer.

The new code, which became law in January 2011, changes the game when it comes to horse sales.

Equine law firm – three main things to take away from the new law:

1. It requires a written bill of sale for virtually all horse sales

This means no more handshake deals, all deals must be in writing.  An equine law firm should be contacted.  An equine attorney can help ensure all paperwork is in proper order and according to law.

2. It spells out that dual agency – the representing of both buyer and seller – must be transparent through the written acknowledgement of both parties.

Simply put, dual agency is illegal unless everyone involved has okayed it – in writing.

3. It mandates all third party commissions of more than $500 be disclosed to both parties.

It has been common practice in the industry for a third party – such as a trainer or agent –to act as representation for both the buyer and seller throughout a horse sale.  It has also been somewhat common for that third party to be paid an undisclosed commission, which is oftentimes buried within the buyer’s cost.

This new law changes all this.  The law states retribution can be taken in legal form if a third party fails to tell buyer and seller it is representing them both, or if they are collecting more than $500 in commission without explicit knowledge of both parties.  The offense is a civil, not criminal, so contacting a California civil litigation lawyer would be an important first step.

Equine law firm – new law involving horse purchase

Failure to comply with the new law means offending parties can be sued for “treble” damages of up to three times the amount in question.  It is important to note the new code section does not allow for recovery of fees related to an equine attorney.  This means an equine attorney should be consulted to help evaluate whether a suit is cost-effective and worth your time.

For more information, please contact an equine attorney or California civil litigation lawyer at (818) 707-0407.

Plaintiffs, Mr. and Mrs. Sim and their business, Sim Racing Stables Ltd. alleged that the defendant, their stable manager committed fraud, conversion, breach of fiduciary duty and negligence in the handling and management of eleven of their thoroughbred horses.  Specifically, the Sims alleged that the defendant lied on multiple occasions about sales transactions, did not fully disclose the details of sales, and sold horses without their consent.  Additionally, they alleged that he permitted a trainer to collect sales commissions on transactions without their knowledge or consent.  The jury found the defendant liable on all counts — fraud, conversion, breach of fiduciary duty and negligence, and also awarded monetary damages. Moreover, in addition to the liability finding by the jury, the jury further found that the defendant acted with malice.

The lawyers of Catanese & Wells used their vast experience and legal expertise to obtain a favorable jury award for Sim Racing Stables Ltd.  Why horse around?  When you need equine legal representation, call an experienced equine attorney.  At Catanese & Wells, for over twenty years we have been representing equine clients throughout the United States and internationally in all areas of equine business — contract preparation/review, purchasing and sales transactions, boarding agreements, racing and licensing, breeding issues, insurance claims, fraud and misrepresentation, veterinary malpractice, rider safety issues, and equine-related business operations.