Equine Purchase | California | Hey & Hey Attorneys at Law (2024)

FAQs

What is the equine law in California? ›

Equine inherent risk law is the legal principle in California that people generally assume the natural risks associated with horseback riding since horses are innately dangerous animals. But horse owners can still be liable for injuries their horses cause if they acted with gross negligence, recklessness, or intention.

If the seller isn't a “merchant,” to have a viable legal case, the buyer will need to be able to prove that not only was the horse lame prior to the purchase, the seller knew the horse was lame. Vet records from the time that the seller owned the horse can be useful to prove knowledge.

Ask to see the registration certificate, and verify that the horse and description match. Get a pre-purchase examination. Be sure the horse has current Coggins papers, and find out when the horse was last vaccinated and dewormed. Negotiate the price somewhere within 5 to 15 percent of the asking price.

First, you should know that if you are buying or selling a horse in the state of California, you will need to have a written bill of sale that is signed by the buyer, seller, and/or agents. In addition to the signatures, the written bill of sale should have the terms of the sale and the agreed-upon price.

Equine activity statutes are enacted to protect horsem*n, camps, stables, and other horse providers from frivolous lawsuits arising out of horse accidents that could not have been avoided. The statutes provide that a person may not bring a lawsuit if the accident resulted from an inherent risk of equine activities.

You must have 10,000 square feet of lot area for each horse, mule, donkey or pony. In other words, on a ½ acre lot (20,000 square feet) up to 2 horses are allowed. The maximum number of horses allowed is 6 (RCMC Table 17.88.

Just like any other business asset, when the horse is sold, the depreciation taken in the past must be recaptured and thus taxed at ordinary rates. For horses owned less that two years, the entire gain is taxed at ordinary rates.

After a race becomes Non-Runner No Bet, any Future Racing bets placed on the Win or Each-Way market will be refunded if your selection does not run. This refund will apply to bonus cash and free bets, as long as the free bet was not due to expire before the refund is issued.

If a gait asymmetry is detected, but the involved limb is not obvious, it is most likely the limb on which the horse spends the least amount of time. The “Law of Sides” suggests that if diagonal shortness is apparent, the primary problem is most likely coming from the front end.

Excessive sweating, trembling, or lethargy. These are all red flags that point towards the horse being drugged. Sellers drug horses for multiple reasons. They may be covering up a training problem, undesirable temperament, a health problem, or lameness.

What do I wish I knew before buying a horse? ›

Horses live to be 25 to 30 years of age, so the purchase of a 6 to 12 year old is wise for amateurs and novice. Older riders or those with more expertise and experience can buy, handle, and train yearlings or two year olds. These young horses do not make predictable mounts for beginners.

Standard commissions range between 10 percent and 15 percent and may apply to both the buyer's and seller's agents.

If you have a horse to sell, you have some options: 1) List the horse yourself, 2) Enlist the help of your regular trainer, 3) Send the horse to another professional who specializes in selling horses that are similar to yours 4) Sell the horse at a public auction or sale.