Using a contract of sale when selling a horse?
admin on November 28th, 2009
Ok, so who’s used a formal contract of sale for selling a horse? Do you have any recommended contracts to use? Have you had any issues after sale?
I have one that was drafted by an attorney that I have modified over the years as things change (over a 40 year period). I’ve never had any issues after a sale….get a good attorney, or check the internet for contracts you can purchase that are specifically related to equine sales.
I ALWAYS use a contract when I buy or sell. I use one that a friend had made up by her lawyer. Each state has language that they want in a contract so they are better made up by a lawyer from your state. There are also some contracts on the internet that you could search for. They are better than nothing. I’ve never had any problems with any sale that I’ve been part of but I know many people who didn’t use contracts who sure wish they had!!
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You should use some sort of contract when selling a horse. Even if it’s hand written and what not. I have sold quite a few horses and purchased them too. I have always used one. I basically put in there. I XXX(my name) have sold one XXX(type of horse and all information pertaining to the horse, including registration number) to XXX(buyers name)……and so on…A contract can be any signed piece of paper between two persons or a person and a business etc…. A verbal contract can also be binding in some states meaning that if you and another person agree on one particular thing, if you had to go to court, the verbal agreement between you two can be upheld by your local law. You just have to check to see whats ok in your area.
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I’ve used a contract of sale when I allowed a trial period for the horse, usually two to four weeks. The contract basically covers you for any injury or property damage incurred when the horse is out of your care and the financial amount you will be paid if the horse is not returned in the same condition when it left your stable. You should also state where any disputes will take place: county, state. Make sure it’s your area so you need not travel. There is a book of legal contracts for horse owners, you may want to obtain a copy either through purchase or the local library. If the horse sale is a "cash and carry", I don’t’ bother with the contract. You can also hold the registration papers until you have your money, and the check clears the bank.
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20 years breeding and selling. Web search, "horse contracts".
Always if nothing else it is proof you sold/bought the horse and from whom. With horse stealing so much on the rise lately proof is good. If you want to pm me i can email 1 to you and they are simple to change the wording on them to fit your needs.
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I always use a contract when it comes to selling. Some states require each document to be notarized in order for it to become "legal" if it is printed off the internet. Your public notary should do this willingly.
Here are a few websites that are great for use of sale/lease contracts.
http://www.equinelegalsolution.....nAod82rjDw
http://www.equisearch.com/hors.....ntract917/
http://www.horsecontracts.com/
Hope they help.
I’ve never had any issues with my contracts. I however do not do trial periods. There is just to much risk that even a legal contract can not cover. I would rather a person come view the horse several times and ride them on my property under my supervision than send the horse home with a person that in all reality I just met and risk my horse being hurt, another person being hurt, or the person be another horse trader and my horse be sold from underneath me during the trial period. The legal fee’s to go to small claims would most likely be far more than what I was asking for the horse and many of these scam buyers prey on that fact that contracts will not be enforced in court because of legal fee’s.
In my experience, you’re going to know if you click with a horse or not. It doesn’t take a 2-4 week process to know if a horse is right for you. If the buyer is completely honest about their skill level, training, finances, and what they are looking for- they will know with in the first visit if that horse is going to work for them or not.
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I have one that was drafted by an attorney that I have modified over the years as things change (over a 40 year period). I’ve never had any issues after a sale….get a good attorney, or check the internet for contracts you can purchase that are specifically related to equine sales.
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Always use one. If nothing else it is proof the horse is yours. Or NOT yours in the case of the horse getting out or legal issues. I know a lady that has a boarding facility and she had several horse get out and now she is facing thousands of dollars in fines and possibly jail time for animals at large. If she could prove they don’t belong to her she might not be in trouble.
We always do and have never had any issues. Good Luck!
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