Our goal at Equine Surety is to stop horse fraud in its tracks. Stop the bill padding and price padding. Stop the strawman deals. Stop violations of brokers’ fiduciary obligations to their clients, the buyers or sellers. We do this through carefully drafted, easily implemented contracts and escrow accounts, providing legal advice to buyers and sellers about how to protect themselves, offering in-depth educational seminars for the non-lawyer about steps to ensure a smooth and trouble-free horse sale.

We want to root out the crooks, the conmen, and the criminals who perpetrate fraud on innocent buyers and sellers.

There are many ways Equine Surety can help you, the horse lover – either buyer or seller. But some things we just will never be able to prevent: like the Clairvoyant in Wales who is now being brought before court for engaging in fraud:

A clairvoyant accused of a million dollar fraud made his first appearance before a judge at Cardiff Crown Court. Bridgend-based psychic and spiritual medium, Christopher Heath, 30, of Coegnant Road, Maesteg has been charged with nine counts of fraud and one allegation of intending to pervert the course of justice.

For more on this funny story, click here.

I love Dexter. Dexter is the sweetest, most adorable horse. Dexter walks himself out to the paddock in the morning, and into his stall at night. The fact that there’s a scoop of grain ready for him on each end may help, but I think he’s the smartest horse ever made. Dexter is kind to children. Dexter forgives my marginal riding. Dexter is, in short, awesome.

If I stopped to think about it, though, there are a million Dexters out there. Or, maybe, a couple tens of thousands in the southeast, where we have our barn. That doesn’t really change the emotional attachment I have with Dexter, but it does change how I might go out and look for another horse, if I were in a buying mood right now.

One of the real problems with unique things – especially horses, whom we love and whom we sometimes treat as members of the family – is that it’s difficult to think about them objectively: as animals that cost money to buy.

For some, lucky people, money is no object, and buying a horse is really a matter of paying whatever the seller wants to charge for the horse.

But for most of us – especially in this economy – buying a horse is really a matter of finding the right horse… at the right price. And once price comes into the equation, so does the idea of “comparison shopping.”

Now before you stop reading, running screaming from the room about how horses are unique and beautiful creatures, understand what I said about Dexter. I love that damn horse!

I’m going to be writing more about just how you can go comparison shopping for a horse. But keep the concept in mind, however, difficult it may be, that in a market such as this, where fantastic horses are being turned away from college equestrian programs, buying a horse should be an exercise in finding the right fit, for the right price.

Trainers dominate the horse sales market. That’s because trainers are professional, trainers are knowledgeable, trainers have the time, and trainers have the contacts. So when a horse lover wants to buy or sell a horse, the horse owner usually buys or sells through the trainer.

And that’s a good thing. Because trainers, who have a lot more knowledge, expertise and time, than the average buyer or seller, a can get a good deal in either the sale or the purchase of a horse for their clients.

But there are pitfalls because trainers, like the rest of us, are human. When problems occur in a trainer-arranged horse deal, it’s almost always because the trainer has not honored the fiduciary duty he or she owes to the client, or the client has not been clear about what he or she expects from the trainer.

The first problem is price padding. When a buyer wants to buy a horse for $50,000, the buyer might tell the trainer, “I’m looking for a prospect no older than 8 that has the potential to move up to Grand Prix,” or “I’m looking for a schoolmaster no older than 14,” or “I’m looking for something fancy for my daughter to show in Florida and at Indoors.”

Depending on the conversation, the trainer may have become an agent of the buyer. And as the agent, the trainer has a couple of obligations to the buyer. The first being a duty of obedience: the trainer needs, to the best of her ability, find the kind of horse sought by the buyer. The second is a duty of loyalty: the trainer must act as if the trainer represents the buyer’s interests.

So if the trainer goes out in the marketplace, finds a $40,000 horse that meets all of the buyer’s needs, and turns around and informs the buyer that the horse is a good deal at $40,000, the trainer has fairly earned her 10 or 15 percent commission.

But when a trainer goes out and finds a $40,000 horse, but tells the buyer that the horse is $50,000, and the trainer pockets the extra $10,000 plus the 10 to 15 percent commission… well the trainer has violated her duty to the buyer and has committed fraud upon the buyer.

The second scenario – where the trainer has stolen $10,000 – happens far too often in the show horse business.

The question is: can it be stopped? And the answer is: A resounding “YES!” In fact, not only can it be stopped, but it must be stopped. It must be stopped because it is driving out good owners, and driving away business from the good trainers, and tarnishing a sport as corrupt and unaffordable, except to those people who can afford to have $10,000 or more stolen from them.

I’ll be writing in detail about how these practices can be stopped, and how easily available legal techniques, and an association of horse lovers, horse trainers, and other horse professionals can reclaim the sport from crooks.

Signing Away Your Rights: Liability Waivers

Lots of people think waivers are really effective: barn owners, barn managers, horse trainers. In the last 20 years or so with more and more states adopting horse liability statutes that seek to protect horse professionals and commercial operations from liability. Every barn I’ve been to has one of those signs that talks about how “equine activities are inherently dangerous” and “you agree to assume the risk inherent” and you’re “on notice”. As Elaine said in Seinfeld, “Yada, Yada!”

The thing is, waivers are lot less effective than you think they are. Trainers have told me that, when they’ve got a customer coming over, if they run out of copies of the horse liability form, they’ll “go onto Google” to find more to print out. Or they say that the form they use they got from another trainer, who probably got it from Google herself!

The problem is, as I explain in this video, these liability waivers MAY NOT BE EFFECTIVE. In general, waivers must be written in clear language. A waiver that sounds impressive because it uses lawyers’ language like “herewith,” “henceforth and furthermore” and “hold harmless” and so forth, may not be worth the paper on which you printed it from Google.

Second, you can’t ask a client to sign away too many of his rights. While statutes and case law, depending on your state, may allow you to have a client sign away his rights to sue for any regular, garden-variety “negligence,” your state probably does not allow you to have a client sign away his rights to sue for “gross negligence” (which is, to put it simply, really stupid lack of care on a barn owner’s or trainer’s part). And a waiver that claims that the client has signed away his rights to “sue the barn or its owners for any injuries” is probably worthless.

Courts don’t like waivers, and they don’t like people who try to get clients to sign away too many of their rights. So a waiver like that may be thrown out entirely as “too broad”. Even if your client was harmed by the “inherent risks,” but signed one of these bogus waivers, the client may still get a day in court.

You may be saying to yourself: this is too much to think about. Besides, I don’t think anyone will get hurt. And if they do, maybe the waiver I’m using will be effective.

Maybe. But maybe not. And what good is it to have customers and clients sign documents that have no legal effect at all, and really do very little to protect you.

If you have questions about specific legal issues, you should consult a competent lawyer. But I would definitely take time to review my waiver before I put a client on that supposedly bombproof 4 year old Arabian.

Horse drugging, horse health

While Equine Surety focuses on show horses – hunters, jumpers, eventers, and dressage horses – drugging is a problem across disciplines and equestrian sports. Of course, Tom Selleck spent three years, and who knows how many tens of thousands of dollars, litigating his claim against a California horse dealer who he accused of selling a lame horse to his daughter, a high level amateur equestrian.

In September, he and his daughter won that case and nearly $190,000, but after probably investing considerable resources and considerable personal energy.

The New York Times reports on a lawsuit out of Kentucky and the racehorse world involving “I Want Revenge,” once a favorite for the Derby, but who was scratched on the day of the race. Investors who were persuaded to buy 50% of the horse claim that the horse was in fact injured at the time of their investment, but that overmedication – the use of anti-inflammatories – hid the horse’s injuries, and also the frequent injections that rendered the horse, eventually, unfit to race.

This kind of overmedication is not uncommon. In many cases, veterinarians medicate in good faith to restore a horse to top performance. But in some cases, vets overmedicate to hide or obscure soundness issues. If the overmedication is done to promote the sale of the horse, the new owner may not realize the horse has been receiving steroidal injections and may cut them abruptly, which is a recipe for disaster.

Such activites are part of the myriad problems in equestrian sports, and one reason why owners need to become educated about how to care for, and what to look for when buying a horse.

Equine Surety focuses on the show horse industry, where we want to end this sort of abuse. Starting on January 1, 2010, we will begin to end the fraud. Join us at www.equinesurety.org!

Stop Horse Fraud in its Tracks

Each year, tens of millions of dollars are swindled from horse owners. The equine industry has very little transparency, no mandated disclosure forms, and no independent verification of price or value.

Agents, acting on behalf of the buyer or the seller, will sometimes pad the price, will sometimes simply tell the other side that the buyer is looking for a horse in such-and-such price range (which will signal to the seller to raise the price of the horse), will not disclose important health or soundness issues, and will engage in strawman purchases, where the agent buys the horse and flips it to the true buyer days later.

Because there are no mandated disclosure forms, and because so many deals are done on a handshake, the buyer may never realize she bought a horse for tens of thousands more than the seller sold the horse. The agent in the middle pockets the difference, in addition to the agent’s stated 10 or 15 percent commission.

If you’ve been around hunters, jumpers, eventing horses, or dressage horses, you know what I’m talking about.

The goal of Equine Surety is not just to clean up a mess after the fraud has been done (which is a very difficult thing to uncover), but to stop the fraud in its tracks. We’ll be launching EquineSurety in January, 2010.

In the meantime, we’ll be getting the word out on what we all can do to stop fraud in the horse industry.

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