Equine Law

Overview

Florida’s equine industry generates $3.8 billion annually. It employs over 240,000 people across breeding, training, racing, polo, dressage, and show jumping. At Kelley Kronenberg, our equine law practice represents trainers, horse owners, competitors, and equine businesses. We have vast experience with equine law, handing contract disputes, sales fraud, insurance claims, and regulatory matters throughout Florida. 

Our practice stands apart through our team’s distinctive blend of legal expertise and genuine industry experience. Kelley Kronenberg’s equine attorneys understand the business realities of Florida’s horse industry because we participate in it. We own barns, compete, and manage the same contractual relationships our clients face. This insider perspective means we recognize when disputed charges reflect industry standards versus actual wrongdoing. Our attorneys understand show invoicing and commission structures. The Equine Team at Kelley Kronenberg navigates Florida Administrative Code requirements that most equine professionals don’t know exist until they’re in a dispute. 

Equine Contract Services 

Our equine contract services address the full spectrum of agreements governing horse transactions and business relationships in Florida. We draft and negotiate contracts that comply with Florida’s specific requirements. These contracts protect our clients’ business interests and minimize future disputes. 

Horse Sale Agreements and Bills of Sale 

Florida Administrative Code 5H-26 requires written equine sales contracts with specific mandatory language. We draft bills of sale that include all required elements. These include seller and buyer identification and signatures. Contracts should also include complete horse identification: name, sire, dam, breed, registry status, and age. Likewise, they should include purchase price and sale date, and mandatory ownership authority statements, buyer warranty reliance language, agent disclosure requirements, and dual agency compliance provisions. Missing required language voids commission agreements and creates seller liability. We ensure proper pre-purchase examination terms, warranty specifications, and disclosure obligations. These protect buyers and sellers while meeting Florida regulatory standards. 

Horse Lease Agreements 

Horse leasing arrangements involve considerations that generic lease forms fail to address. We prepare comprehensive lease agreements with specific terms. These specify permitted and prohibited uses and cover competition and showing rights. They address routine care and maintenance responsibilities, also defining veterinary care authorization and payment. Our arrangements establish insurance requirements and coverage levels. We also ensure detailed termination procedures including notice requirements and horse return conditions are included. Clear lease terms prevent misunderstandings about care standards, use restrictions, and financial obligations that lead to costly disputes. 

Boarding and Training Contracts 

Boarding and training relationships require Florida-specific contract terms. These address payment structures and care standards. Similarly, they address lien rights under Florida Statute 713.65. They cover commission and split fee arrangements. When properly prepared, they include show entry and management fees. Additionally, they specify termination provisions and dispute resolution procedures. We draft barn leases, boarding agreements, training contracts, and commission agreements. These establish clear expectations and protect both service providers and horse owners. 

Equine Business Disputes and Litigation 

Our litigation practice handles the full range of equine business disputes. We bring industry knowledge to contract interpretation, fraud claims, and regulatory compliance issues. Our team represents both plaintiffs and defendants in horse-related commercial litigation throughout Florida. 

Breach of Contract Claims 

We litigate horse sales and lease disputes. These involve seller misrepresentation of horse condition, temperament, or competition history. They involve buyer non-payment or payment default. Likewise, they can include delivery failures and transportation disputes. Our team is skilled at handling warranty breaches concerning soundness or suitability. We also address disputes involving unauthorized use or competition violations in lease agreements, early termination claims, and care standard disputes in boarding relationships. Contract disputes often turn on industry custom and standard practices. These require equestrian knowledge to prove or defend effectively. 

FDUTPA – Florida Deceptive and Unfair Trade Practices 

Florida’s Deceptive and Unfair Trade Practices Act provides powerful remedies for fraud in equine transactions. We prosecute and defend FDUTPA claims. These involve undisclosed lameness, colic history, neurological conditions, or chronic medical issues. Disputes also include misrepresented age, breeding, registration status, or competition results. They involve concealed liens, ownership disputes, or encumbrances. They involve failure to disclose prior injuries, surgeries, or veterinary treatments. Additionally, they can involve violations of Florida Administrative Code mandatory disclosure requirements. FDUTPA allows recovery of attorney’s fees. This makes it a valuable tool for defrauded buyers and a serious risk for non-compliant sellers. 

Trainer Disputes and Commission Claims 

Trainer fee disputes, commission claims, and professional service disagreements require understanding equestrian industry billing practices. We represent trainers sued for charges that are industry standard when properly disclosed. Our team also represents horse owners overcharged for services. Split fees, vendor commissions, show entry markups, and professional service charges follow industry customs. These vary by discipline and region. We’ve defended trainers sued over HITS split fees that were standard practice, properly invoiced, and client-approved. They appeared fraudulent to opposing counsel unfamiliar with show economics. Our Equine Team also represented clients genuinely overcharged through undisclosed markups or fabricated fees. 

Equine Liens – Florida Statute 713.65 

Florida Statute 713.65 provides stables, trainers, agistors, and boarding facilities with lien rights. These cover unpaid boarding, training, veterinary care, and farrier services. We assist barn owners and trainers in several ways. We help them assert and perfect equine liens against horses securing unpaid charges. We provide required statutory notices to horse owners and lienholders. We pursue lien foreclosure proceedings and judicial sales when necessary. We defend against improperly asserted or procedurally defective liens. The agistor’s lien statute contains strict notice requirements and procedural deadlines. Missing statutory deadlines or notice provisions destroys lien rights. It also exposes facilities to conversion claims. We ensure proper compliance from initial assertion through foreclosure and sale. 

Equine Insurance Claims 

Horse insurance disputes involve complex coverage questions and industry-specific policy language. We handle mortality insurance claims. These involve sudden death, colic, or catastrophic injury. We handle major medical and surgical coverage disputes. Our team also handles loss of use claims for horses no longer sound for intended purpose. The attorneys at Kelley Kronenberg handle pre-purchase examination coverage and exclusion issues. Well versed in all aspects of claims defense, we also handle bad faith claims against insurers wrongfully denying valid claims. Insurance companies routinely deny equine claims. They cite pre-existing conditions, policy exclusions, inadequate documentation, or valuation disputes. We force proper claim investigation and pursue litigation when insurers breach their obligations. 

Equine Business Formation and Structure 

Starting or expanding an equine business requires appropriate legal structure and risk management. We counsel clients on selecting business entities. These include sole proprietorships, partnerships, LLCs, and corporations for training operations, boarding facilities, and breeding businesses. Our business formation services include several components. We draft partnership agreements and LLC operating agreements. We structure multi-owner horse ownership and syndication arrangements. We establish trainer and facility management companies. Our team implements asset protection strategies for high-value horses and farm properties. A proper business structure protects personal assets. It clarifies ownership rights. It establishes clear management authority and profit-sharing arrangements. 

Florida Equine Regulations and Administrative Code 

Florida Administrative Code Rule 5H-26 establishes mandatory requirements for equine sales and agent conduct. Most trainers and horse owners don’t know these regulations exist until they face a dispute or regulatory complaint. The code requires several elements. It requires written sales contracts containing specific mandatory language. It requires agent licensing, registration, and disclosure obligations. It requires written consent for dual agency representation. It requires ownership interest disclosure by agents with financial stakes in horses being sold or purchased. Non-compliance with Rule 5H-26 voids commission agreements. It creates seller liability. It provides grounds for FDUTPA claims. We guide clients through regulatory compliance. We defend against regulatory complaints and enforcement actions. 

Our Equine Law Approach 

We understand that equine law requires balancing legal protection with practical business realities in Florida’s horse industry. Our team develops contract solutions and litigation strategies that protect our clients. We recognize how the equestrian business actually operates. Whether drafting a bill of sale for a first-time buyer or litigating a complex fraud claim involving multiple horses and hundreds of thousands of dollars, we provide personalized attention. We provide practical solutions aligned with our clients’ specific needs. 

 
Equine Law FAQ