[QUOTE=roseymare;8175616]
You seemed to be intent on proving me wrong. I did the research too and twenty states require either a Coggins every year, a Coggins for a sale or Coggins for travel on their highways. I went to each individual states statutes. Your list is 19 and if you add in Arkansas where by law every horse needs a Coggins yearly it is twenty states that require a Coggins for some form of a sale whether it be to sell the horse, to move the horse or to have the horse. I was not throwing out advice without facts.
Maybe someone else will answer the contract question since you refuse to. I feel that if it is required by law in a state then a bill of sale does not need to spell it out. Obviously it would be better if it did for all parties but I don’t think if it is not the owner of horse at the time of sale is somehow absolved from providing a Coggins in those states.[/QUOTE]
No, it is never my intent to prove you wrong anyone wrong pre-say. I don’t play that game, thought it does seem to be popular. I think most people that have read my various comments in the forum the would say I am not given to being snarky as a rule. Even if I think the comment is completely asinine and or has no bases in fact.
If someone offers up facts that are more current and or counter the facts as I know them I am the first say I stand corrected.
“The Devil is in the details” or in the wording. Which has been basically what I have been trying to say in my various comments in regards to the buying and selling of anything. Especially horses.
First, not my list, read what I said about that list; “According to this website” I made no guarantee that the list was complete nor accurate. Surprisingly it is quite difficult and time consuming to find out what states require what for sales and or transport without going state by state. And time consuming reading through the statues to find something that directly addresses the question. Also states can and do change their statues at any given time. So what may have be the law of the land last year may not be this year. Word to the wise.
According to THAT list 13 states require a current Coggins must be included with the sale of a horse in THOSE states. In other words without checking the exact wording of each state’s statutes I can only assume that ANY seller private or commercial must supply at their cost a current Coggins WITHOUT being asked by the purchaser as part of the sale.
You brought up Arkansas so I checked their statues regarding the sale of horses and the need for a Coggins to be part of the transaction.
2-40-819 Testing requirements for change of ownership.
(a)(1)(A) All equidae which are sold, bartered, traded, given free of charge, or offered for sale, or any horses otherwise exchanged for any reason within Arkansas except at approved markets must be accompanied by a record of a negative equine infectious anemia test conducted at an approved laboratory within the previous six (6) months.
So that brings the “un-official” list of states requiring the seller to supply a current Coggins as part of the sales transaction to 14. To confuse things even more it seems in some states a “current” Coggins can be within the last 12 months and some the last 6 months.
The second list of 6 states, 5 of which on included in the list above it require a current Coggins to travel with the horse when being shipped around WITHIN those states. So does Arkansas, so that brings this list up to 7 states.
2-40-823 Requirements of equidae moving within the state.
All equidae moving within the state for any reason shall be accompanied by a negative current official equine infectious anemia test.
I did not address how many states require the OWNER of a horse, not a horse for sale just a horse/s in their possession and or under their care to be tested Annually. I would like to believe every state does but I don’t know that for fact. I have no interest in checking every state. I know what my state requires.
I would like to believe that most responsible owners, care takers pull Coggins as a matter of course along with vaccinations without being told and or required. I would like to believe most responsible seller that has horses on offer do the same.
But it is still up to the purchaser to perform “due diligence” BEFORE signing on the dotted line and handing over payment. Which is what this whole thread has been about. Check and use facts do not assume anything. Every state has and uses different “rules and regs” when it comes to sales and purchase. And as is illustrated “health papers” and requirements.
“I was not throwing out advice without facts” but you said;
“And there are at least 20 states that require Coggins for horses to be sold”
Not trying to pick on you but “at least” is not a fact, in my book it is a guess. If you wanted it to be a fact list the states.
“I feel that if it is required by law in a state then a bill of sale does not need to spell it out”
In my opinion you have answered your question. But most horses are sold by “hobby” owners and sellers. And have no idea or the “rules and regs”. And how complicated things can get if either buyer or seller “assumes” a lot of things.
So to make sure there are no misunderstandings a purchaser should include in their well written Offer to Purchase contract everything they want as part of the sale regardless of their “protection under their states laws”. Taking legal recourse under state law is a PITA and can be expensive. Win, lose or draw.
