5 REASONS HORSE CONTRACTS FAIL

As an attorney and a lifelong equestrian, I’ve seen many horse-related contracts that aren’t worth the paper they are written on. Here’s how to make sure you are legally protected in your horse-related activities.

- Joanne L. Belasco, Esq.

The woman’s voice on the other end of the line was calm and measured but I could tell this was a difficult discussion for her to have. She had left me a voicemail, stating that her beloved horse was now lame after being leased to someone for only a week. A potentially career-ending injury had occurred during that time. The veterinary bills were piling up, and her horse was now on stall rest for an indefinite period. The owner had never received any money from the person leasing the horse and she wanted to know her legal recourse. After she provided some details, I asked her if she had a contract. She hesitated, finally admitting that she did but that the person leasing the horse hadn’t signed it yet.

I wish I could say that the woman’s situation surprised me but it didn’t. As a lifelong equestrian, I am well acquainted with horsepeople thinking that deals can be made with a handshake and that every horseperson can be trusted to be honest and true to her word. As an equine attorney, I’ve seen too many times when that is not the case. I know that a contract can prevent headaches and heartaches. I also know that the contract has to be drafted and executed properly or it’s not worth the paper it is written on.

Horsepeople sometimes ask me why they can’t just write up an agreement themselves. After all, the elements of a contract seem simple: You are establishing an agreement between two or more people or companies to do something or not do something. A contract will include “offer,” such as the sale of a horse, and “acceptance,” such as the purchase of that horse.