From a former dealer perspective.
Since most of the trailers in this thread are for pulling boats, then they are considered private and I will deal directly with that.
Some states require brakes on all axles for example, Pennsylvania while most only require brakes on one axle to include VA, NC, SC and so forth. Some states do not require tags or titling to include SC, TN, etc.. while others require registration/plates but others require registration/ plates and titling for example VA and NC. It depends on the state you are from. In addition, states have reciprical agreements to respect the laws of other states. A good example is a Hunter 260 trailer from VA with brakes on one axle in PA where they require brakes on both axles with any registered PA trailer. In fact a non plated trailer for example TN is legal on travel in other states as long it is pulled by a vehicle with TN tags.
As for brakes, I prefer surge brakes as I fear immersion of electric brakes into water causes more problems. My boat trailers were surge while my camper is electric since they are not immersed into water.
lWhen surge brakes are not maintained, then they become inaffective should something go wrong. It could be a broken hydraulic line, brakes, wrong fluid in the reisovoir, etcc. Most of the time it is the trailer tongue brake acutator.
Here is what I do. First, I take off the bleeder valves and clean them. Then I blow all the old fluid out with an air hose where the line is disconnected from the trailer tonge brake actuartor. With the brake line disconnected from the trailer tongue brake acutator, I will make sure there is fluid in the resivoir and then try to pump it. If it does not pump, then the main resivoir or master brake cyclinder needs replacing. Instead of the headache of removing the entire brake acutator replacing with a new one which costs anywhere from $175 to $250, take off the cover plates and you will see the master cylinder. Remove the master cylinder. Generally there are two types of master cylinders one for drum brakes and the other for disc brakes. The one for drum brakes is metal and the other for disc is a composiste material. On the back you will see a number and for the drum brakes, it is made in Korea. A new one will cost in the neighborhood of $60.
Apply the new master brake cylinder and apply new brake fluid. Start pumping in new brake fluid starting with the furtherest brake bleeder valve and then the rest going toward the front. The key is to make sure there is no air but solid brake fluid in the lines. At that point I generally have fixed the surge brakes.
In addition, an inspeciton of the brakes, bearings and racers is recommended as well.
Crazy dave condon