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  1. #1
    Join Date
    Jun. 22, 2009
    Location
    California
    Posts
    384

    Default New California Sales Rules

    There is a webinar tonight to explain the new California horse sales rules

    http://r20.rs6.net/tn.jsp?llr=yj76ev...eQVPEwSiu4TnAR

    As a breeder I welcome these changes. I think it will makes sales more open for both the seller and buyer. I hope it will eliminate the "sold the horse for 3x but told the seller it was 1/2x" deals and the " I spoke to the sister of the friend of the trainer of the client who bought your horse so I need my 10% commission" demands. I don't know if it will eliminate the failure to transmit offers "We told the seller the horse was worth $x for the horse. were asking $5x for the horse, received an offer of $3x for the horse but didn't tell the seller." I also don't know how it will affect interstate and international sales but in general if the contract was signed in California California law applies.

    I think this should actually make buyers more comfortable about California Equine purchases. What do you think?
    Cindy Bergmann
    Canterbury Court
    559-903-4814
    www.canterbury-court.com



  2. #2
    Join Date
    Jan. 13, 2003
    Posts
    6,863

    Default

    These laws are long over due in all states. It always amazes me that anyone buys or sells a horse without a written contract. It also boggles my mind that people are paying commissions to individuals who had no contractual relationship with either buyer or seller or in some instances had one with both.

    If you want to see someone demanding a commission run for the hills - demand their SS# and issue them a 1099 (which is required by law). I have to believe many of those with their hand out - don't report the income.
    Summit Sporthorses Ltd. Inc.
    "Breeding Competition Partners & Lifelong Friends"



  3. #3
    Join Date
    Jul. 17, 2002
    Location
    Redlands, CA
    Posts
    7,773

    Default

    Thanks, Cindy, for posting that.

    My trainer is establishing a sales barn in Norco.



  4. #4
    Join Date
    Sep. 3, 2005
    Location
    Northern California
    Posts
    433

    Default

    I would be curious to hear from a Calif lawyer about the applicability of this statute to the sales of horses outside of racing. This section is actually within Chapter 4 of the California Business and Professions Code titled "Horse Racing".



  5. #5
    Join Date
    Jul. 17, 2002
    Location
    Redlands, CA
    Posts
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    Default

    I received a heads up on this from a CA lawyer and I am not involved in the racing industry.



  6. #6
    Join Date
    Jul. 17, 2002
    Location
    Redlands, CA
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    Default

    There is an article about this in the current issue of Riding magazine.



  7. #7
    Join Date
    Feb. 10, 2006
    Location
    SF Bay area
    Posts
    1,237

    Default

    the law states
    For purposes of this section, "equine" means a horse of
    any breed used for racing or showing

    http://law.onecle.com/california/business/19525.html



  8. #8
    Join Date
    Nov. 5, 2000
    Posts
    10,872

    Default

    Quote Originally Posted by honeylips View Post
    the law states
    For purposes of this section, "equine" means a horse of
    any breed used for racing or showing

    http://law.onecle.com/california/business/19525.html
    Sorry - haven't read the actual law (yet). Does it apply to individual horses intended for racing or showing, or to horses from breeds used for racing or showing?

    IOW - what about a grade horse being purchased as a pleasure or companion horse (not intended for showing)?



  9. #9
    Join Date
    Feb. 10, 2006
    Location
    SF Bay area
    Posts
    1,237

    Default

    Im not a lawyer....
    But the law reads any type/breed of horse that is used for racing or showing is covered - and thus applies to any individual horse used for racing or showing. It specifically states A HORSE OF ANY BREED that is used for showing or racing is subject to this law.

    The law doesn't address or mention sales of horses as pets/companion animals/just used for "fun" aka pleasure horses. That is probably an interesting loophole that will come up. As in - some one sells a horse as a trail horse, the buyer gets unhappy and tries to come back and sue under this law because the horse was shown one time some where and they argue should be considered a "show horse".
    Or I can see sellers wanting to list the horse on the contract/paperwork as being sold as a companion animal vs a show horse in order to be exempt from this law.



  10. #10
    Join Date
    Apr. 23, 1999
    Location
    Rosehill, TX
    Posts
    7,092

    Default

    though it might be hard to justify $$$$$s for a "companion"
    Nothing says "I love you" like a tractor. (Clydejumper)

    The reports states, “Elizabeth reported that she accidently put down this pony, ........, at the show.”



  11. #11
    Join Date
    Jul. 17, 2002
    Location
    Redlands, CA
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    7,773

    Default

    Companion animals are most often free.



  12. #12
    Join Date
    Jun. 22, 2009
    Location
    California
    Posts
    384

    Default

    At the webinar they stated that it pretty much covers all horses sold in California. I suppose if you had an animal of unknown breeding that you had as a pasture ornament and your agent was selling it as a pasture ornament you might not have to worry about it though I doubt you would be talking about much money either.
    The law does not appear to cover in-utero sales IF the sales are completed prior to the actual birth. Unfortunately it does not cover failure to communicate offers made by a third party. Real estate agents are required to give all offers to their clients. The key is the offer has to be in writing.

    How this all plays out will of course be determined by how the court interprets things. Stay tuned.
    Cindy Bergmann
    Canterbury Court
    559-903-4814
    www.canterbury-court.com



  13. #13
    Join Date
    Apr. 2, 2006
    Posts
    3,131

    Default

    I'm not in California, but was curious if other states had laws regarding horse sales?

    Can someone give a run down of what this California law says?



  14. #14
    Join Date
    Apr. 12, 2006
    Location
    Seville, FL
    Posts
    724

    Default

    I'm not in California, but was curious if other states had laws regarding horse sales?
    Florida does.
    River Oaks Farm - home of the Elite Book Friesian Sporthorse Grand Prix dressage stallion Lexington - sire of four consecutive FSA National Inspection Champions. Endorsing the FSA.



  15. #15
    Join Date
    Feb. 10, 2006
    Location
    SF Bay area
    Posts
    1,237

    Default

    Quote Originally Posted by back in the saddle View Post
    I'm not in California, but was curious if other states had laws regarding horse sales?

    Can someone give a run down of what this California law says?
    Just follow the link - it is pretty short. Mostly refers to disclosure of commissions.



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