Although a horse purchase and sale is a business transaction, there are distinctions between a horse purchase and sale and other business transactions. Florida has specific rules regarding the state’s purchase and sale of horses. The intent of the regulations is to protect against fraudulent and unfair practices during the sale.
Lead attorney Grace de la Gueronniere has ridden horses her entire life. She brings extensive equestrian knowledge and an understanding of Florida equine law to assist you with horse purchases and sales. Contact Gueronniere Law, P.A. today to discuss your horse purchase or sale.
Provisions to Include in a Bill of Sale for Horse Purchases and Sales
Florida’s Bill of Sale rule governs horse purchases and sales in Florida. The rules stipulate specific requirements for what individuals must include in a written bill of sale for the sale and purchase of a horse. Florida regulations (Fla. Admin. Code R. 5H-26.004) require the bill of sale to include the following:
- Name, address, and signature of the purchaser or an authorized agent of the purchaser
- Name, address, and signature of the horse’s owner or an authorized agent of the owner
- Name of the horse
- Name of the horse’s sire and dam
- Breed and breed registry status of the horse
- Horse’s age
- Date of the sale
- Price the parties agreed to for the purchase of the horse
In addition, the bill of sale must include the following statements from rule 5H-26.004:
- “As the person signing below on behalf of the Owner, I hereby confirm that I am the lawful Owner of this horse or the Owner’s duly authorized agent, and I am authorized to convey legal title to the horse pursuant to this bill of sale.”
- “As the person signing below on behalf of the Purchaser, I understand that any warranties or representations from the Owner or the Owner’s agent that I am relying upon in acquiring this horse, including warranties or representations with respect to the horse’s age, medical condition, prior medical treatments, and the existence of any liens or encumbrances, should be stated in writing as part of this bill of sale.”
When you hire Gueronniere, P.A., we will work to ensure you meet all these requirements when we draft your bill of sale. Plus, we will work to safeguard your interests and keep you protected in the purchase or sale.
Items the Owner, Agent, or Trainer Must Disclose Before a Horse Purchase and Sale
Florida’s regulations also note that the owner, agent, or trainer must disclose some information before completing the horse purchase and sale transaction. Specifically, they must disclose the following items:
- Whether the agent is a dual agent
- Whether the agent is receiving a payment from someone other than the buyer or seller
- Whether the agent or a trainer has an ownership interest in the horse
- Whether the horse received specific treatment in the seven days preceding the sale
Dual Agent
A dual agent is an individual who represents the buyer and the seller in a horse purchase and sale. The Florida rules require the agent to disclose working as a dual agent. To continue representing the parties in the agreement, the buyer and seller must provide written consent to the agent to act as a dual agent.
Other Payments to the Agent
Florida regulations require the agent to disclose to the buyer or seller that another party is paying the agent in connection with the purchase and sale. The buyer or seller, or both if the agent is a dual agent, must consent in writing to the payment of the agent.
Ownership Interest
If an agent or a trainer has an ownership interest in the horse, the agent or trainer must disclose that interest when the individual recommends the buyer purchase the horse. The buyer must also provide written consent.
Specific Treatment
If the owner or owner’s agent subjected the horse involved in the sale to specific treatment within seven days before the sale, the Florida rules require the owner to disclose the treatment to the purchaser. Rule 5H-26.003(10)(a) requires disclosure if the owner or the owner’s agent subjected the horse to:
- Extracorporeal shockwave therapy or radio pulse-wave therapy
- Acupuncture or electro-stimulation
- Internal blister or other injections behind the knee
- The use of any electrical or mechanical device designed or used to shock or prod a horse to increase the horse’s speed
Hire Gueronniere, P.A. to Help with Your Wellington Horse Purchases and Sales
Grace de la Gueronniere has the skills and knowledge to assist you with your Wellington horse purchases and sales. She has years of experience as an equestrian and familiarity with the Wellington equestrian community. Grace is a highly-regarded corporate and business lawyer who can negotiate terms for you, write a bill of sale to protect you during the horse purchase and sale, and ascertain that all necessary disclosures are made.
Contact Gueronniere, P.A. today to schedule a free consultation.