Does a breed registration certificate prove horse ownership?

If you lost the bill of sale, will your breed registration certificate prove ownership?  The answer is, in Oklahoma, maybe. Case law is sparse on what proves ownership of a horse.  A couple very old cases, 1856 and 1909, describe possession and general acts of ownership, i.e. riding, are evidence of ownership.  See Barnes v.…

Risk of Loss and Horse Sales in Oklahoma: When does the risk of loss move from the Seller to the Buyer if the Seller is NOT considered a “Merchant” under Oklahoma law?

In my last blog, I shared with you a basic overview of how the risk of loss passes from a “Merchant” Seller to the Buyer in a horse purchase transaction. As promised, this blog will outline how the risk of loss passes to the Buyer when the Seller is NOT a “Merchant.” To review, as…

Horse sales in Oklahoma

In Oklahoma, selling a horse is considered to be a "sale of goods" and is governed by statute.  This is true whether you have a written sales contract or just an oral agreement.  For purposes of this blog post, I am using agreement and contract interchangeably. Oklahoma Statutes Title 12A: Uniform Commercial Code Things to consider…