Equine Law

Burch & Cracchiolo knows that the horse world affects almost every aspect of life.  We can assist ranches, farms, boarding facilities, horse owners, horse lessees, developers, sellers and buyers of horses and horse properties, veterinarians, ferriers, product suppliers, insurance carriers, transportation carriers and families seeking estate planning or asset allocation in divorce proceedings and asset protection and creditors rights assistance in all aspects of the ownership and business of horses.  Sharon Oscar is the head of the equine law practice.  Sharon owns and shows horses and has been providing legal assistance to horse owners and businesses for several years.  Feel free to contact Sharon to discuss your equine law needs.

Purchase, sale and leasing of horses

Burch & Cracchiolo represents buyers, sellers, trainers and agents in reference to the purchase and sale of horses.  In leasing, we prepare leases, both long and short term, addressing the needs of the client, whether the lessor/owner or the lessee, in the care and maintenance of the horse.

Purchase, sale, leasing, finance, construction, land use and zoning of horse properties

Ownership and management of horses involves a broad spectrum of law related to horse properties, both commercial and residential, including the sale, acquisition, development and leasing of horse properties, construction of barns, arenas and related facilities and the zoning and permitting often associated with horse properties, as well as financing issues related to horses and horse properties, since we represent both lenders and borrowers in the acquisition and development of residential and commercial facilities.

Creditors’ Rights

When a horse business or horse ownership does not always go as planned, our attorneys can assist with asset protection and creditors’ rights issues on the sides of both a creditor and a debtor, including loan modifications, assumptions, workouts, restructuring loans, receiverships and bankruptcy.

Family Law

We recognize that our horses are both family and businesses.  When family disputes arise, the care and ownership of the horses need to be addressed and the ownership and distribution of businesses involving horses resolved.  Our family law and corporate attorneys can assist with these actions and resolutions, keeping in mind the financial, personal and emotional considerations.  The Family Law practice attorneys utilizes the other lawyers in the firm to the full spectrum of skills needed, including the business, taxation, valuation and estate planning implications of divorce in general, and other transfer, safety and association concerns relat3d to horses.

Horse Registrations and Association Issues/Horse Shows

Burch & Cracchiolo assists clients who own horses with various registration issues: from the registration and transfer of both horses and owners/riders with the appropriate associations, to resolution of breeding or association rule matters.  We can also assist horse show management in a variety of contract issues, including the agreements with the facility owners and waivers of liability.

Entity formation

Our attorneys assist with the formation of entities necessary or advisable for horse ownership, including needed bylaws and further assistance with insurance.

Insurance/Transportation

Burch & Cracchiolo can assist horse and ranch owners by working with various insurance carriers for horse insurance needs, from liability to surgical and mortality.  In addition, our attorneys recognize the importance of insurance and horse transport, and we handle insurance-related litigation and work with the transportation industry; in particular, the trucking industry.

Equine Litigation

Litigation involving horses covers the gamut:  personal injury; fraud and misrepresentation; insurance and transportation matters (including automobile, trucking and motor carrier liability); breach of contract, professional liability, property damage, construction defects, fire and casualty losses, product liability and general liability.  We also provide coverage analysis, including reservation of rights correspondence and opinions.  We make every effort to minimize the expense of litigation for our clients, recognizing that all clients, and, in particular, clients who own horses or are in the horse industry, are dealing with both financial and emotional concerns, and we utilize alternative dispute resolution strategies.

Agreements and Contracts: Boarding, Breeding, Management, Releases, Training, Leases, Waivers

The horse industry involves the need for contracts on a daily basis.  Burch & Cracchiolo can help with all of your contract needs, whether for agreements for sale and transfers of horses, boarding and training agreements, waivers and releases, management agreements and breeding agreements.  We assist individuals, businesses, including nonprofit associations, and horse show providers.

Estate Planning and Wealth Preservation Planning

You and your horses deserve planning for and protection of the future distribution of assets, both personal and business.  Our attorneys assist with estate and gift tax planning, probate and estate administration, wealth preservation and wills and trusts.  If you place ownership of your horses in a trust, we can also assist with the transfers with the various horse associations to make sure that you don’t run into problems with horse shows or transfers.

Labor & Employment

Our labor and employment attorneys assist in such areas as corporate compliance, discrimination claims, employment contracts, employment litigation, restrictive covenants and agreements not to solicit or compete and workplace practices.

Taxation

Tax ramifications in the horse industry address individual, business and hobby considerations.  The taxation practice at Burch & Cracchiolo includes tax strategy consulting, particularly in conjunction with entity formation and transfer considerations, as well as wealth and estate planning.  Our attorneys represent individuals, companies of all sizes, estates, nonprofits and other entities facing tax controversies and provide a wide variety of services with respect to state and local taxes, including the transaction privilege tax (sales and use taxes), and represents taxpayers in audits by the Arizona Department of Revenue and city taxing authorities.


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