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Reining In Unscrupulous Horse Sales

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The Tampa Tribune

Published: November 24, 2007

The Florida Legislature took steps last spring to protect the integrity of the state's horse industry by passing legislation to prevent unfair or deceptive trade practices, and Gov. Charlie Crist signed it without hesitation.

Although officials say sales fraud isn't widespread, the Legislature was correct to be proactive. Florida's equine industry is much too important to the economy, people's livelihoods and recreation not to take steps to nip deceptive sales practices in the bud.

Horse sales, shows and exhibits pump more than $2 billion into the state's economy annually. And the National Horse Council ranks Florida, which has more than 500,000 horses, third behind Texas and California.

But instead of writing a statute that outlawed certain acts of fraud - such as deliberately drugging horses to calm them before sales or failing to disclose a horse's medical problem - lawmakers deferred to the state Department of Agriculture and Consumer Services to create rules.

The department, to its credit, has been busy listening to the public, owners and breeders about draft rules, which are expected to be completed next month.

Among the suggestions that should be included - not just for buyers, but for the animals as well - are requiring owners to disclose "pertinent" medical conditions, prohibiting the alteration of a horse's physical appearance before a sale and mandating that sellers reveal if a horse was tranquilized for calming purposes. People should not be duped, period.

Of utmost importance is providing buyers with appropriate remedies when they've been scammed. The rules should allow such buyers to rescind the sale and get their money back, and stiff civil penalties should be imposed on anyone who engages in fraud and deception.

In addition, the name of the horse's owners should be clearly stated, so that would-be buyers will know whether they are dealing with an individual or a syndicate. Buyers who've been swindled will have a hard time seeking redress unless they know who truly owned the horse.

And those acting as agents should be prohibited from representing sellers and buyers in the same transaction, unless they disclose it to the parties and both agree. This will protect the buyer and seller.

Implementing tough, clear-cut rules will send a loud message that unscrupulous horse trading will not be tolerated in Florida.

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