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A Successful Horse Sale/Purchase – Law Office of Jennifer A. McCabe
Our office gets lots of calls and emails regarding potential legal claims, but we can only take on those cases that have enough evidence to back up the claims. Unfortunately, most rejections we issue come as a result of inadequate (or entirely non-existent!) contracts. Is it because all horse-people are just trusting by nature? A little crazy, perhaps? No matter the reason, contracts are vital to a successful transaction. In an effort to remedy this on-going problem in the horse industry, I offer these tips for a smooth transaction, regardless of whether you are buying or selling:
- Have the horse examined by an impartial veterinarian. Even the most impressive confirmation can hide defects that may get past a layman’s untrained eye, so a professional opinion is critical. Veterinarians complete years and years of schooling and residencies to learn how to properly identify lameness’s. Unless you went to vet school, hire a vet to perform a pre-purchase examination.
- If your vet recommends X-rays, get them. A pre-purchase examination is the buyer’s opportunity to have an expert “look under the hood,” and is the best way to ensure that you aren’t buying unknown health or soundness problems. If there is something that looks suspicious to the veterinarian and requires additional information, heed his/her advice to look deeper.
- Consider getting the horse’s blood drawn at the time of the exam. Sadly, it is relatively common for horses to be under the influence of painkillers, sedatives, or other drugs that can conceal lameness or enhance performance. Even if it not tested immediately, your vet can store the blood and test it if the horse’s behavior or soundness changes suddenly after your purchase.
- If the horse is registered, get the registration papers at the same time you pay the entire purchase price. In other words, if you are the buyer, do not make final payment without being sure that you’ll receive the registration papers at the same time. If you are the seller, do not hand over the horse’s registration papers without being sure that you’ll receive the final payment at the same time.
- A Note for Buyers: When you receive the registration papers, make sure that the description of the horse is correct, that the seller is listed as the current owner, and the seller has signed the transfer form in the correct place(s). If any of this information is lacking, RED FLAG!
- Get the dang thing in writing! The whole thing – A handshake is inadequate. Without a written agreement with the parties’ signatures, it can be very difficult to prove what the terms of the agreement are. In the event that something goes awry with the horse or the sale, it can boil down to he said versus she said, which never seems to come out quite right, no matter who says!
- Be specific. Your written agreement should clearly state the terms of your purchase, including any representations and warranties that the seller has made about the horse.
- No exceptions. If a buyer or seller refuses to put your agreement in writing, something is not right. Pass!
The Law Office of Jennifer A. McCabe is a full service law firm that meets the legal needs of the California equestrian community, offering counsel on equine legal matters ranging from liability releases to business formation to litigation.
A Successful Horse Sale/Purchase – Law Office of Jennifer A. McCabe
Business Directory “Select Category” – California Horse Directory
Dr. Colter Negranti, DVM – Paso Robles Equine
As most of you know by now, my horses are quite special to me. I would go to the ends of the rainbow to ensure their well being. So, when Chad Krainock, my horseshoer, mentioned that my horse had something seriously wrong with her hoof, I immediately called my two veterinarians. Both were out of town and both recommended Dr. Colter Negranti, a veterinarian who specializes in equine lameness and hoof problems. Without hesitation, I called Dr. Negranti of Paso Robles Equine (PRE).
My experience with Dr. Negranti was nothing less than miraculous. He examined my horse and provided me with a very detailed plan of attack. After following his instructions carefully, my horse quickly began to improve, and is getting better daily. Needless to say, I want to share with our community how fortunate we are to have this remarkable veterinarian in town.
I asked Dr. Colter Negranti to share with you a bit about himself and what he brings to our equine community.
What types of exams do you provide?
Paso Robles Equine (PRE) offers all types of exam excluding reproduction. We generally do lameness and general health exams to pre-purchase exams and dentistry on English and Western performance horses as well as trail and general purpose horses.
What equipment do you carry on your truck?
Paso Robles Equine carries everything you would need outside of having a hospital
- Digital X-ray
- Digital ultrasound
- Equipment for processing PRP and IRAP
- Equipment to perform minor surgeries
- Performance mechanized dentistry
- And much more
How did you become interested in becoming a veterinarian?
Growing up in a ranching environment with horses as a part of everyday life, I wanted a profession where I could be around the things I love, as well as utilize the education and knowledge from my life experiences and from the University of Davis and Colorado State University.
Being a vet affords me the opportunity to interact with the equine industry, while at the same time challenges me with the ever changing and advancing medical field.
Do you specialize in any animal conditions?
At Paso Robles Equine we specialize in lameness exams and orthopedic issues. We use our examination, diagnostic nerve blocks, digital radiology, and digital ultrasound to locate the site of injury and pain.
After locating the problem, we employ multiple treatment options to begin the recovery process. The treatment may be as simple as routine hock injections or may need a more advanced approach, such as regenerative medicine. I am a firm believer in the use of regenerative medicine. I was fortunate enough early in my career to learn about and utilize new skills with regenerative medicine, including stem cell, IRAP (Interleukin 1 Receptor Antagonist Protein) and PRP (Platelet Rich Plasma). These types of regenerative therapies help stimulate the body’s own repair mechanism to functionally heal previously irreparable tissues. Paso Robles Equine offers all of these treatment options in the field.
Do you provide services for any other livestock?
Although at Paso Robles Equine, our main focus is Equine Medicine, we have been known to treat other animals as well.
How long have you been in practice?
After graduating from Colorado State University, I began my career with an internship at Great Basin Equine, in Gardnerville NV, working closely with Dr. Marty Gardner. After several years as an intern under Dr. Marty Gardner, I moved back home to begin my practice, which has been open for a little over 2 years.
I do travel throughout the central coast and central valley of California.
A note from the author – I would highly recommend Dr. Negranti, as I mentioned at the top of this article, my horse continues to improve with the practices of Dr. Negranti. I personally would like to thank him for his dedication in helping my horse back to great health. Please feel free to leave any comments that you may have with your experience working with Dr. Negranti.