June 27, 2008
New Rule Provides Safeguards When Buying And Selling Horses In Florida
Florida Agriculture and Consumer Services Commissioner Charles H. Bronson today announced a new rule requiring a bill of sale, dual agency disclosure and access to medical records whenever horses are bought and sold in Florida.
Public workshops held by the Florida Department of Agriculture and Consumer Services to elicit comments from interested parties prior to promulgating the rule drew horse owners, breeders, trainers, veterinarians, buyers, sellers, attorneys, public relations executives, lobbyists and the general public.
The new rule requires a private horse seller to provide to the purchaser, a written bill of sale which must include:
-- The name, address, and signature of the purchaser, the owner, or their duly authorized agents.
-- The name of the horse, its sire and dam if known, its breed and registry status if known, its age if known.
-- The sale date and purchase price.
The bill of sale must also contain a statement by the seller or agent attesting to ownership and the right to convey legal title. A statement by the buyer or agent must be on the bill of sale acknowledging awareness that any warranties or representations -- including the horse’s age, medical condition, prior medical conditions and treatments -- should be stated in writing as part of the bill of sale. Any liens or encumbrances must also be revealed on the document.
If a sale is a public sale or a public auction, the issuance of an auction receipt identifying the horse, showing the date of purchase, stating the purchase price, and signed by the buyer or agent will satisfy the requirement for a bill of sale for licensed thoroughbred horses. The receipt must state or incorporate by reference all conditions of the sale, including the terms of any warranties.
In addition, the rule prohibits horse owners, buyers, sellers, and agents from acting as dual agents (representing both the buyer and the seller in a transaction) without full disclosure of the relevant relationships. Horse buyers are also given the right under the rule, to ask to see any medical documents that pertain to a horse being considered for purchase.
The new rule, 5H-26, takes effect July 2, 2008. Failure to comply with its provisions will be considered to be a deceptive and unfair trade practice.
The Florida horse industry produces goods and services valued at $2.2 billion, and generates a $6.5 billion economic impact on the state’s gross domestic product when including spending by industry suppliers and employees. Over 244,000 Floridians are involved in the industry as horse owners, service providers and employees. There are around 300,000 horses in Florida, with more than 70 percent involved in showing or recreation.
Visit the Florida Administrative Code Web Site For Rule 5H-26
For more information:
Kerry Flack
(850) 488-4076
flackk@doacs.state.fl.us
