06 RSP brochure - Professional Auction Services, Inc.

HUNDREDS OF BUYERS • ONE DAY • ONE PLACE
Raleigh Spring Sale
With all the controversy about the slaughter of
horses and the moratoriums that have been put in
place, there has been a rise in the number of persons
being scammed by unscrupulous “horse traders” that
are doing anything they can to dump lame and
unsound horses on the unsuspecting public over the
Internet.
To entice prospective buyers, these Internet
scammers have taken to such tactics as breeding
unsound mares and convincing the unsuspecting
buyer that they are getting a great two-for-one deal
and at a “great price”.
Stop here and implant this in your brain.
There are very specific reasons why the “horse
traders” got their name.
A party who bought two Percherons from a
farm in Minnesota recently contacted me. The really
good news to the buyer was that both mares had
been bred to a highly regarded stud and were in foal.
To protect themselves, as prudent purchasers
should do, the purchaser had a vet check done in
Minnesota. The vet was recommended by the seller.
Anything smell fishy here?
Anyway the vet there said the mares were
sound, in great shape and confirmed them to be in
foal. The seller was also generous enough to offer a
30-day full and complete money back guarantee to
the buyer, if the buyer was not completely satisfied
with the horses.
The mares were delivered to Georgia and it
was obvious as they were being led off the truck that
both were lame. The buyer said to the hauler that the
horses were lame and he didn’t want them, “Please
return them to the seller.” The hauler, incidentally
affiliated with the seller, said that he had to go to
Florida and if the buyer would just keep the two mares
at his farm for a day or so, he would be back by to
pick them up. Big Mistake.
The hauler never returned. So what’s a
person to do? Horses bought in Minnesota via the
Internet and delivered in Georgia present all kinds of
jurisdictional issues.
As for the vet check, obviously there was
some tomfoolery going on there. And as for the
hauler, never take delivery of any animal you believe
to be unsound. Scamming people on the Internet is
just one more form of horse theft, so beware.
As for the 30-day money back guarantee,
well what do you think happened about that?
In another incident, a party bought a quarter
horse from Oklahoma via the Internet. The story is
that this horse was supposed to be a hum dinger of a
barrel racer. Was the horse sound as advertised?
Seller insisted, oh yes. And for a mere $5,000 this
exceptional barrel racer was purchased. The only
problem was that the horse had no teeth. This case
is or has recently been litigated in Georgia because
the Internet provider was a company registered in
Georgia.
What state has jurisdiction in cases like
these? There’s a growing basis in law that the courts
in the purchaser’s state have jurisdiction over the
seller, even though the seller is in another state.
That seems to apply to horses or anything purchased
via the Internet.
This should help a little bit, but to be realistic,
ask these questions: How are you going to collect
Professional Auction Services, Inc.
There is still time! Entries accepted until sale fills. Call (800) 240-7900 TODAY!
Or download entry forms from professionalauction.com
Internet horse sales and who has jurisdiction
By John Edwards
Article is reprinted with the expressed permission of John C. Edwards, Attorney at Law, www.johnedwardslaw.com
and Southeast Equine Magazine, www.horsenaround.com.
Here’s my legal solution to this
quandary and to the trials and
tribulations of buying a horse
through the Internet. Don’t do it.
If it’s too good to be true, it’s not.
your judgment in this faraway state? How much
money are you going to have to spend to get the
judgment?
Here’s my legal solution to this quandary and
to the trials and tribulations of buying a horse through
the Internet. Don’t do it. If it’s too good to be true, it’s
not.
If you don’t know horses well enough to
completely evaluate them yourself, pay an expert 15
percent of the purchase price to have a veterinarian
complete a purchase examination of the horse. Don’t
take physical delivery until a veterinarian has done a
through job, in your presence, of examining the
animal.
If there is the slightest doubt about the
soundness of the legs, have the veterinarian do an
ultrasound or X-ray the legs and the joints.
If you do take physical delivery, make it
conditional on a veterinarian check with the understanding
that the horse can be returned if the vet
finds any problems whatsoever. At the same time, in
this situation, always withhold most or all of the
purchase price from the seller until the vet check is
done.
John C. Edwards is licensed to practice law in
Georgia, with offices in Canton. His offices specialize
in equine business law. For more information contact
Law Offices of John C Edwards, LLC; 770-345-8200.
The opinion(s) expressed herein are solely
those of John C. Edwards, Attorney at Law. Every
cause of legal action is different. No one should rely
on any of the information provided herein to form any
legal conclusion as to his or her own situation and
should always consult qualified legal counsel should
they feel they have a legitimate cause of action.
Southeast Equine or Professional Auction Services,
Inc. are not responsible for the content of this article.
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