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As a horseman, I hold conflicting beliefs about how to handlethe sale of a horse. If we raise them, we owe them a dutynot to exploit them at their peril. If we train them and workwith them, and they give something of themselves to us, either byteaching us a lesson or creating an emotional bond, I think we owethem a duty to ensure their proper care. However, I also recognizethat not every horse is suitable for any given purpose, and I believestrongly in the inalienable right to trade and conduct business in ourcapitalist economy. There are times when it is personally difficult tosync these interests. But, inevitably, horses must be bought and sold.So, how do we ensure their well-being, even after we have dispossessed of them? As an attorney by trade, I am often confronted with the sad storiesand personal quandaries of people who felt aggrieved by the transferof a horse, despite the fact that they did not own it. What? Thinkabout it. It is a common theme in the horse community. Person A sells or gives a horse to Person B. Person B (perhaps immediately, but sometimes months or years later) decides to sell or givethe horse away to Person C. Person B was rightfully and lawfully inpossession of the horse at the time of the transfer to Person C. PersonB had incurred expenses to care for the Horse, and, of course, was thelegal owner of the horse. Yet, Person A is now distraught, maybe because they are concerned for the well being of the horse, often becausethey felt they should have had the right to get the horse back or stopthe transfer of the horse to Person C. There are a number of reasons why someone, Person A, may feelaggrieved after they sell or gift a horse to Person B and Person B thentransfers it to the third-party Person C. Many times, Person A includeda language they hoped would apply in such situations when draftingthe Purchase Agreement or Bill of Sale that was used to memorializethe sale of the horse to Person B. The use of contractual language intended to give Person A rights to a horse post sale is not uncommon.It is often considered a mechanism Person A could use to ensure thehorse is well cared for. Such language ostensibly gives Person A theright of first refusal in the event Person B decides to sell, the right toobject to the sale of the horse to a third party on certain grounds, orotherwise. Language granting the Person A, or the transferor rights of first refusal, and language creating requirements for Person B, the transferee,to return a horse to its transferor should the transferee wish to rid himself of it, is not uncommon in purchase agreements and bill of sale docIS PROTECTING YOUR PONY POST SALE POSSIBLE?by Adam Trenk, Esq.18 Arizona Horse Connection February, 2026continued on page 20