What Our Purchase Agreements Include


            

Available Equine Forms:

Document Format:

  • Each agreement is a PDF.
  • Each document comes with detailed instructions on how to fill out and understand each portion of the agreement.

Simple Equine Purchase Agreement

Purpose and Intended Use:

The Basics:

  • Clauses in every Equine Legal Solutions contract.
  • Information identifying horse to be purchased (breed, gender, age, registration number, etc.).
  • Purchase price amount and acceptable payment methods.
  • If horse is registered, seller will deliver original registration papers, provide executed transfer form and pay transfer fees.

Protections for Buyer:

  • Seller represents that horse is healthy and sound and has no history of health or soundness issues.  Includes space to write in exceptions.
  • Seller represents that horse has no history of any of a list of bad habits, such as bucking or rearing.  Includes space to write in exceptions.
  • Buyer writes in what buyer plans to do with horse, and seller represents that seller knows of no reason why horse wouldn’t be suitable for buyer’s intended uses.
  • Seller represents that seller is sole lawful and registered owner of horse.  Includes space to write in exceptions.
  • Seller represents that seller has provided all vet records for horse to buyer.
  • Seller authorizes vets to release records to buyer.
  • Seller retains risk of loss of or injury to horse until buyer takes possession of horse.

Equine Purchase Agreement with Trial Period

Purpose and Intended Use:

The Basics:

  • Clauses in every Equine Legal Solutions contract.
  • Information identifying horse to be purchased (breed, gender, age, registration number, etc.).
  • Purchase price amount and acceptable payment methods.
  • Specified beginning and ending dates of trial period.

Protections for Buyer:

  • Buyer can have vet check performed during trial period.
  • Buyer can reject horse during trial period for any reason or no reason.
  • Seller represents that horse is healthy and sound and has no history of health or soundness issues.  Includes space to write in exceptions.
  • Seller represents that horse has no history of any of a list of bad habits, such as bucking or rearing.  Includes space  to write in exceptions.
  • Buyer writes in what buyer plans to do with horse, and seller represents that seller knows of no reason why horse wouldn’t be suitable for buyer’s intended uses.
  • Seller represents that seller is sole lawful and registered owner of horse.  Includes space to write in exceptions.
  • Seller represents that seller has provided all vet records for horse to buyer.
  • Seller authorizes vets to release records to buyer.
  • Seller retains risk of loss of or injury to horse until buyer takes possession of horse.

Registration and Transfer:

  • If horse is registered, seller will deliver original registration papers, provide executed transfer form and pay transfer fees.

What Happens at End of Trial:

  • If buyer wants to buy horse.
  • If buyer doesn't want to buy horse.

Equine Installment Purchase Agreement

Purpose and Intended Use:

The Basics:

  • Clauses in every Equine Legal Solutions contract.
  • Information identifying horse to be purchased (breed, gender, age, registration number, etc.).
  • If horse is registered, seller will deliver original registration papers, provide executed transfer form and pay transfer fees.

Payment Terms:

  • Purchase price amount and acceptable payment methods.
  • Payment schedule and due dates.

Protections for Buyer:

  • Seller represents that horse is healthy and sound and has no history of health or soundness issues.  Includes space to write in exceptions.
  • Seller represents that horse has no history of any of a list of bad habits, such as bucking or rearing.  Includes space to write in exceptions.
  • Buyer writes in what buyer plans to do with horse, and seller represents that seller knows of no reason why horse wouldn’t be suitable for buyer’s intended uses.
  • Seller represents that seller is sole lawful and registered owner of horse.  Includes space to write in exceptions.
  • Seller represents that seller has provided all vet records for horse to buyer.
  • Seller authorizes vets to release records to buyer.
  • Seller retains risk of loss of or injury to horse until buyer takes possession of horse.

Equine Purchase Agreement Subject to Vet Check

Purpose and Intended Use:

The Basics:

  • Clauses in every Equine Legal Solutions contract. 
  • Information identifying horse to be purchased (breed, gender, age, registration number, etc.).
  • Purchase price amount and acceptable payment methods.
  • Specified period of time during which vet checks must be conducted.
  • Buyer responsible for scheduling and paying for all vet checks, regardless of outcome.

Protections for Buyer:

  • Buyer can reject horse based upon any reason arising from vet check.
  • Seller represents that horse is healthy and sound and has no history of health or soundness issues.  Includes space to write in exceptions.
  • Seller represents that horse has no history of any of a list of bad habits, such as bucking or rearing.  Includes space  to write in exceptions.
  • Buyer writes in what buyer plans to do with horse, and seller represents that seller knows of no reason why horse wouldn’t be suitable for buyer’s intended uses.
  • Seller represents that seller is sole lawful and registered owner of horse.  Includes space to write in exceptions.
  • Seller represents that seller has provided all vet records for horse to buyer.
  • Seller authorizes vets to release records to buyer.
  • Seller retains risk of loss of or injury to horse until buyer takes possession of horse.

What Happens at End of Vet Check Period:

  • If buyer wants to buy horse.
  • If buyer doesn't want to buy horse.

Equine Trade Agreement

Purpose and Intended Use:

  • Equine contract designed for trading a horse for another horse, tack, equipment, or a combination of items.
  • Designed to protect both parties.
  • Not designed for purchases or sales for cash (except where the trade is for a horse or equipment AND cash).  See Equine Sale Agreements and Equine Purchase Agreements.

The Basics:

  • Information identifying horse(s) to be traded (breed, gender, age, registration number, etc.).
  • Any additional consideration for trade, such as cash, tack or trailers.
  • If horse is registered, horse owner will provide original registration papers and necessary paperwork for transfer to recipient.

Protections for Each Party:

  • Upon signing agreement, each horse owner assumes risk of loss of or injury to horse they are receiving.
  • Each horse owner assumes risk of death or injury to self in connection with horse they are receiving.
  • Each horse owner represents that they are sole lawful and registered owner of horse they are trading.  Includes space to write in exceptions.
  • Options for vet records: (a) horse owner provides recipient with horse's vet records, (b) horse owner authorizes vets to release records to recipient, or (c) recipient waives right to receive vet records.
  • Each horse owner represents that to their actual knowledge, horse they are trading is currently healthy and sound.  Includes space to write in exceptions.
  • Each horse owner represents that to their actual knowledge, horse they are trading currently has no bad habits, such as bucking or rearing.  Includes space to write in exceptions.
  • Each horse owner disclaims all other warranties, express or implied.

Equine Embryo Sale and Purchase Agreement

Purpose and Intended Use:

  • Equine contract designed for sale or purchase of an equine embryo.
  • Designed to protect both the seller and the purchaser.

The Basics:

  • Clauses in every Equine Legal Solutions contract.   
  • Information identifying donor mare for embryo (owner, breed, gender, age, registration number, etc.).
  • Information identifying sire of embryo (owner, breed, gender, age, registration number, etc.).
  • Information identifying recipient mare (owner, breed, gender, age, registration number, etc.).
  • Status of embryo (whether donor mare has been bred, and if so, whether embryo has been transferred to recipient mare)

Payment Terms:

  • Parties can choose options for lump sum payment or installment payments.
  • Provisions for late fees, interest and bounced checks.

Insurance:

  • Parties specify who is responsible for obtaining and paying for insurance on donor mare, recipient mare and embryo.

Recipient Mare:

  • Parties specify who is responsible for providing (or obtaining) recipient mare and, if applicable, entering into a lease contract for the recipient mare.
  • Parties specify who is responsible for care and expenses for recipient mare.

Embryo Transfer:

  • Parties specify who is responsible for embryo transfer (if applicable), including costs.

Live Foal Guarantee:

  • Seller specifies whether live foal guarantee is offered, and if so, what the terms are.

Protections for Seller:

  • Seller has lien on embryo (and resulting foal) for payment under the contract.
  • Other than as specified in the live foal guarantee (if any), buyer assumes all risk of loss of the embryo.
  • Other than as specified in the agreement, seller not responsible for any commissions to any third parties.
  • Disclaimer that seller not responsible for stallion owner’s failure to honor breeding contract.
  • Provision that if buyer chooses not to get prepurchase veterinary examination on donor mare, buyer assumes all risk that donor mare may not produce viable embryo.
  • Disclaimer of all representations and warranties not otherwise specified in agreement.

Protections for Buyer:

  • Seller represents and warrants that seller is sole owner of embryo and has unrestricted rights to sell.
  • Parties can specify live foal guarantee.
  • Buyer has opportunity to perform pre-purchase veterinary examination on donor mare.
  • Other than as specified in the agreement, buyer not responsible for any commissions to any third parties.

 

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