What Our Sale Agreements Include


            

Available 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 Sale Agreement

Purpose and Intended Use:

The Basics:

Protections for Seller:

  • Buyer assumes all risk of death or injury to self.
  • Buyer assumes all risk of injury to or death of horse upon signing agreement, whether or not buyer takes possession of horse immediately.
  • Disclaimer of all representations and warranties other than those specifically provided in agreement.
  • Statement that seller recommends buyer get a pre-purchase vet check.
  • Statement that seller recommends buyer obtain advice from a professional trainer before buying.

Seller's Representations:

  • Seller is sole lawful and registered owner of horse. Includes space to write in exceptions.
  • To best of seller's knowledge, horse is currently healthy and sound.  Includes space to write in exceptions.
  • To best of seller's knowledge, horse does not have any of a list of bad habits, such as bucking or rearing.  Includes space to write in exceptions.
  • Seller has provided buyer with horse’s vet records or buyer waives right to receive vet records.
  • Disclaimer of all other warranties, express or implied.

Registration and Transfer:

  • Upon receiving payment, seller will provide original registration papers and executed transfer form (if horse is registered).
  • Buyer will pay any registration transfer fees and is responsible for submitting transfer documents.

Equine Sale Agreement with Trial Period

Purpose and Intended Use:

The Basics:

  • Clauses in every Equine Legal Solutions contract.
  • Information identifying horse to be sold (breed, gender, age, registration number, microchip number, tattoos, etc.).
  • Provisions for deposit, including options for how it will be applied or refunded.
  • 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 Seller:

  • Buyer assumes all risk of injury to or loss of horse during trial.
  • Buyer agrees to indemnify seller if seller is sued as a result of actions during vet check (i.e., horse kicks buyer’s vet and buyer’s vet sues seller).
  • Buyer assumes all responsibility for horse's care and expenses during trial.
  • Buyer agrees to specific standard of care for horse during trial.
  • Buyer agrees to keep horse at specified facility during trial and not move horse without seller's permission.
  • Section for seller to specify what the buyer can and can't do with horse during trial, including who can ride horse, jumping limitations, bits and more.
  • Seller can check on horse during trial and end trial if horse is not being properly cared for.
  • Disclaimer of all representations and warranties other than those specifically provided in agreement.
  • Statement that seller recommends buyer get a pre-purchase vet check.
  • Statement that seller recommends buyer obtain advice from a professional trainer before buying.
  • Once trial is over, if buyer hasn’t notified seller, buyer has automatically agreed to purchase horse.

Seller's Representations:

  • Seller is sole lawful and registered owner of horse. Includes space to write in exceptions.
  • To the best of seller's knowledge, horse is currently healthy and sound.  Includes space to write in exceptions.
  • To the best of seller's knowledge, horse does not have any of a list of bad habits, such as bucking or rearing.  Includes space to write in exceptions.
  • Seller has provided buyer with horse’s vet records or buyer waives right to receive vet records.
  • Disclaimer of all other warranties, express or implied.

Registration and Transfer:

  • Upon receiving payment, seller will provide original registration papers and executed transfer form (if horse is registered). Optional provisions for delivery of horse’s passport.
  • Buyer will pay any registration transfer fees and is responsible for submitting transfer documents.

What Happens at End of Trial:

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

Equine Installment Sale Agreement

Purpose and Intended Use:

The Basics:

Payment Terms:

  • Purchase price amount and acceptable payment methods.
  • Payment schedule and due dates.
  • What makes a payment late.
  • Penalties and interest for late payments.
  • Fees for returned checks and other dishonored payment instruments.

Protections for Seller:

  • Buyer assumes all risk of injury to or loss of horse during payment period. (Buyer must pay seller in full even if horse dies before entire purchase price is paid, regardless of whether death is buyer’s fault.)
  • If Buyer doesn’t pay on time, seller can repossess horse and keep monies already received.
  • Buyer agrees to keep horse at specified facility and cannot move horse without seller's permission.
  • Buyer agrees to specific standard of care for horse during payment period.
  • Buyer agrees to pay all of horse's expenses during payment period.
  • Seller can specify what buyer can and can't do with the horse during payment period, including who can ride horse, jumping limitations, bits and more.
  • Disclaimer of all representations and warranties other than those specifically provided in agreement.
  • Statement that seller recommends buyer get a pre-purchase vet check.
  • Statement that seller recommends buyer obtain advice from a professional trainer before buying.
  • Seller retains a security interest in horse.

Seller's Representations:

  • Seller is sole lawful and registered owner of horse. Includes space to write in exceptions.
  • To the best of seller's knowledge, horse is currently healthy and sound.  Includes space to write in exceptions.
  • To the best of seller's knowledge, horse does not have any of a list of bad habits, such as bucking or rearing.  Includes space to write in exceptions.
  • Seller has provided buyer with horse’s vet records or buyer waives right to receive vet records.
  • Disclaimer of all other warranties, express or implied.

Registration and Transfer:

  • Upon receiving payment, seller will provide original registration papers and executed transfer form (if horse is registered).
  • Buyer will pay any registration transfer fees and is responsible for submitting transfer documents.

Equine Sale Agreement Subject to Vet Check  

Purpose and Intended Use:

 

The Basics:

  • Clauses in every Equine Legal Solutions contract.
  • Information identifying horse to be sold (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 Seller:

  • Buyer assumes all risk of injury to or loss of horse when buyer notifies seller that buyer wishes to complete the purchase.
  • Seller can continue to advertise horse for sale and show horse to prospective purchasers during vet check period.
  • If seller receives offer from another buyer during vet check period, the vet check buyer will have 24 hours to match terms of that offer. If vet check buyer does not match the offer, seller can sell the horse to other buyer.
  • If buyer decides not to buy horse, buyer must release vet check records to seller.
  • Disclaimer of all representations and warranties other than those specifically provided in agreement.
  • Statement that seller recommends buyer obtain advice from a professional trainer before buying.

What Happens at End of Vet Check Period:

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

Seller's Representations:

  • Seller is sole lawful and registered owner of horse. Includes space to write in exceptions.
  • To the best of seller's knowledge, horse is currently healthy and sound.  Includes space to write in exceptions.
  • To the best of seller's knowledge, horse does not have any of a list of bad habits, such as bucking or rearing.  Includes space to write in exceptions.
  • Seller has provided buyer with horse’s vet records or buyer waives right to receive vet records.
  • Disclaimer of all other warranties, express or implied.

Registration and Transfer:

  • Upon receiving payment, seller will provide original registration papers and executed transfer form (if horse is registered).
  • Buyer will pay any registration transfer fees and is responsible for submitting transfer documents.

Equine Consignment Sale Agreement

Purpose and Intended Use:

  • Equine contract designed for situations where the horse owner consigns their horse to a sales agent, such as a trainer or instructor, for sale.
  • Designed to protect both the horse owner and the sales agent.

The Basics:

  • Clauses in every Equine Legal Solutions contract.
  • Information identifying horse to be sold (breed, gender, age, registration number, etc.).
  • Can specify a fixed time period or an open-ended period for the consignment.
  • Horse stays in custody of sales agent during consignment period.
  • Sales agent fits horse for sale, including training, grooming and conditioning.

Expenses:

  • Can specify whether owner pays for the following expenses or whether they are included in the sales agent’s commission:
    • Board
    • Training
    • Lessons and coaching
    • Vet and farrier expenses
    • Show and other competition expenses
    • Advertising and marketing
    • Photography and videography
  • Owner pays for all other expenses.
  • Can specify when owner pays expenses (monthly or when horse sells)
  • Owner can be required to pay vets and farriers directly

Commission:

  • Can specify any or all of: percentage of sale price, flat fee or amount by which sale price exceeds asking price.

Initial Evaluation Period:

  • Specified time period that sales agent has to evaluate horse upon arrival.
  • At end of evaluation period, sales agent can terminate if horse is not saleable or if owner and sales agent can’t agree on asking price.

Marketing of Horse:

  • Owner and sales agent agree upon an asking price, which can be changed if the parties agree.
  • Owner and sales agent agree in writing on advertising and marketing plan, including who pays for advertising and marketing.
  • Sales agent handles all inquiries about horse.
  • Sales agent shows horse to all prospective purchasers.

Receipt of Offers to Buy Horse:

  • Sales agent can accept any unconditional offer to purchase horse at or above asking price.
  • Sales agent must communicate all other offers to horse owner, and horse owner and sales agent must agree to accept, decline or present a counteroffer.  If sales agent and owner can’t agree, offer must be declined.

Execution of Sale :

  • Owner and purchaser enter into sale contract directly.
  • Owner provides sales agent with horse’s papers, passport, transfer, etc.
  • Sales agent must deliver purchase price to owner within 2 business days after receipt.

Protections for Horse Owner:

  • Sales agent liable for injury or death of horse due to sales agent’s negligence or willful misconduct.
  • Sales agent agrees to keep horse at specified facility and cannot move horse without owner’s permission.
  • Sales agent agrees to provide specific standard of care for horse during consignment period.
  • If sales agent terminates agreement, sales agent forfeits commission.
  • Sales agent assumes risk or injury or death to self.
  • Owner enters into sale contract directly with purchaser.
  • Owner and sales agent agree upon asking price for horse and sales agent can’t change it without owner’s express permission.

Protections for Sales Agent:

  • Unless sales agent is negligent or engages in willful misconduct, owner retains all risk of loss of or injury to horse.
  • Except for normal wear and tear, horse owner agrees to pay for any damage that horse may cause to sales agent’s property.
  • Owner will indemnify sales agent if sales agent is sued as a result of consignment or sale or horse.
  • Sales agent has exclusive right to sell horse during consignment period.
  • Owner enters into sale contract directly with purchaser.
  • Sales agent not responsible for any commissions to any third parties.
  • Owner must route all inquiries about horse to sales agent.
  • Upon termination, horse owner must pick up horse within 7 days.
  • Owner must pay all fees due to sales agent before removing horse.
  • Sales agent has lien on horse for unpaid fees and can prevent horse from leaving property until paid in full.
  • Can specify that sales agent receives a specified dollar amount if horse owner terminates agreement during the initial evaluation period.
  • If owner terminates agreement after evaluation period, owner must pay sales agent commission, even if horse unsold.

Owner's Representations:

  • Owner is sole lawful and registered owner of horse. Includes space to write in exceptions.
  • To the best of owner's knowledge, horse is currently healthy and sound.  Includes space to write in exceptions.
  • To the best of owner's knowledge, horse does not have any of a list of bad habits, such as bucking or rearing.  Includes space to write in exceptions.

Shows and Other Competitions:

  • Horse owner and sales agent agree in advance in writing regarding which shows horse will attend and in which events/divisions horse will compete.
  • Horse owner responsible for all show expenses.
  • Horse owner entitled to all winnings unless otherwise agreed in writing.

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.

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.

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 personal injury or death 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 warranties, express or implied, other than those specifically stated in agreement.

Registration and Transfer:

  • If horse is registered, horse owner will provide original registration papers and necessary paperwork for transfer to recipient. Recipient is responsible for submitting transfer and paying transfer fee.

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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