What Our Horse Sales Forms Include

Purpose and Intended Use:

• Cash sales, not subject to conditions such as a vet check or trial period.
• Equine contract designed to protect the horse seller and, therefore, not intended for use by horse buyers. For agreements designed to protect horse buyers, see our Horse Purchase Agreement Forms.
• For horse sales subject to a prepurchase vet check, see our Horse Sale Agreement Subject to Vet Check Form.
• For horse sales subject to a trial period, see our Horse Sale Agreement With Trial Period Form.
• For selling a horse on payments over time, see our Horse Installment Sale Agreement Form.

Included Documents:

• Simple Equine Sale Agreement form and detailed instructions.

Document Format:

• This equine form is a fillable, savable PDF that has space to put a business name at the top of each page.
• This equine form comes with detailed instructions on how to fill out and understand each portion.

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.

Risk of Loss:

• Immediately upon signing the contract, the horse buyer assumes risk of loss of or injury to horse (even if the buyer doesn’t immediately take possession of the horse).
• The horse buyer agrees to hold the seller and the seller’s employees, agents, etc. harmless from liability associated with injury to the horse buyer caused by the horse post-sale.
• The horse seller’s maximum liability under sale contract is limited to the amount of the purchase price paid by the horse buyer.

Horse’s Ownership, Health, Soundness and Behavior:

• The horse seller disclaims all warranties except those specifically stated in contract (if any).
• The horse seller has a choice of making no representations or making limited representations about the horse’s soundness, health and behavior.
• The horse seller has a choice of providing all the horse’s vet records, some vet records or no vet records to the buyer.
• The horse seller represents they are the sole lawful owner of the horse. Includes space to write in exceptions.

Pregnancy and Post-Sale Foals:

• If the horse is a mare, the horse seller has the option of making no representations about the horse’s pregnancy status or limited representations. Includes section about last breeding date, stallion exposure, etc.
• Optional live foal guarantee.
• The horse seller can retain ownership of a foal born post-sale. Includes provisions for foal’s expenses, etc.

Registration and Transfer:

• The horse seller can indicate whether the horse is sold as registered or unregistered.

Right of First Refusal:

• The horse seller can specify that they have a right of first refusal if the horse buyer later sells or gives away the horse.

Purpose and Intended Use:

• This equine contract is designed for selling a horse subject to a prepurchase trial period where the horse leaves the horse seller’s possession. The trial period can also include a vet check.
• This equine contract is designed to protect the horse seller and, therefore, is not intended for use by horse buyers. For agreements designed to protect horse buyers, see our Horse Purchase Agreement Forms.
• For an equine contract designed for cash horse sales not subject to any conditions, see our Simple Equine Sale Agreement Form.
• For an equine contract designed for horse sales subject to a prepurchase vet check that will not be conducted during a trial period, see our Equine Sale Agreement Subject to Vet Check Form.
• For an equine contract designed for selling a horse on payments, see our Equine Installment Sale Agreement Form.

Included Documents:

• Equine Sale Agreement With Trial Period form and detailed instructions.

Document Format:

• This equine form is a fillable, savable PDF that has space to put a business name at the top of each page.
• This equine form comes with detailed instructions on how to fill out and understand each portion.

The Basics:

• Clauses in every Equine Legal Solutions contract.
• Information identifying the horse to be sold (breed, gender, age, registration number, microchip number, tattoos, etc.).
• Provisions for a deposit, including options for how it will be applied and whether it is refundable.
• Horse purchase price amount and acceptable payment methods.

Trial Period Terms:

• The horse buyer assumes all risk of injury to or loss of the horse during the trial period.
• Customizable provisions for insurance on the horse, including what types of insurance are required (if any) and who must obtain and pay for them.
• Customizable provisions for what happens if the horse seller receives another offer to purchase the horse before the horse buyer has decided whether to buy the horse.
• The horse buyer agrees to indemnify the horse seller if the horse seller is sued because of something that happens during the trial period (i.e., horse kicks someone).
• The horse buyer assumes all responsibility for the horse’s care and expenses.
• The horse seller can specify details of how the horse must be cared for during the trial period, such as feed, supplements, farrier care, etc.
• The horse buyer agrees to keep the horse at a specified location during the trial period and not move the horse without the horse seller’s permission.
• Section for the horse seller to specify what the horse buyer can and can’t do with the horse during the trial period, including who can ride the horse, jumping limitations, bits and more.
• The horse seller can check on the horse during the trial period and take possession of the horse if the horse is not being properly cared for.
• Once trial is over, if buyer hasn’t notified seller, buyer has automatically agreed to purchase horse.

Risk of Loss:

• The horse buyer assumes risk of loss of or injury to horse at the start of the trial period.
• If the horse buyer agrees to purchase the horse, the risk of loss of or injury to the horse immediately transfers to the horse buyer.
• The horse buyer agrees to indemnify the horse seller if the horse seller is sued because of something that happens during the trial period (i.e., horse kicks someone).
• The horse buyer agrees to hold the seller and the seller’s employees, agents, etc. harmless from liability associated with injury to the horse buyer caused by the horse post-sale.
• The horse seller’s maximum liability under sale contract is limited to the amount of the purchase price paid by the horse buyer.

Horse’s Ownership, Health, Soundness and Behavior:

• The horse seller disclaims all warranties except those specifically stated in contract (if any).
• The horse seller has a choice of making no representations or making limited representations about the horse’s soundness, health and behavior.
• The horse seller has a choice of providing all the horse’s vet records, some vet records or no vet records to the buyer.
• The horse seller represents they are the sole lawful owner of the horse. Includes space to write in exceptions.

Pregnancy and Post-Sale Foals:

• If the horse is a mare, the horse seller has the option of making no representations or limited representations about the horse’s pregnancy status. Includes section about last breeding date, stallion exposure, etc.
• Optional live foal guarantee.
• The horse seller can retain ownership of a foal born post-sale. Includes provisions for foal’s expenses, etc.

Registration and Transfer:

• The horse seller can indicate whether the horse is sold as registered or unregistered.

Right of First Refusal:

• The horse seller can specify that they have a right of first refusal if the horse buyer later sells or gives away the horse.

Purpose and Intended Use:

• This equine contract is designed for selling a horse on installment payments.
• This equine contract is designed to protect the horse seller and, therefore, is not intended for use by horse buyers. For equine contracts designed to protect horse buyers, see our Equine Purchase Agreement Forms.
• For equine contracts designed for cash horse sales not subject to any conditions, see our Simple Equine Sale Agreement.
• For equine contracts designed for selling a horse on trial (trial can include a vet check), see our Equine Sale Agreement With Trial Period Form.
• For equine contracts designed for horse sales subject to a prepurchase vet check, see our Equine Sale Agreement Subject to Vet Check Form.

Included Documents:

• Equine Installment Sale Agreement form and detailed instructions.

Document Format:

• This equine form is a fillable, savable PDF that has space to put a business name at the top of each page.
• This equine form comes with detailed instructions on how to fill out and understand each portion.

The Basics:

• Clauses in every Equine Legal Solutions contract.
• Information identifying the horse to be sold (breed, gender, age, registration number, microchip number, tattoos, etc.).

Payment Period Terms:

• Customizable provisions for deposit and payment schedule, including what happens to deposit and payments if the horse buyer defaults or the horse seller repossesses the horse.
• The horse seller has the right to repossess the horse if the buyer defaults on payments or the horse is not being properly cared for.
• Customizable provisions for insurance on the horse, including what types of insurance are required (if any) and who must obtain and pay for them.
• The horse buyer assumes all risk of injury to or loss of the horse during the payment period.
• The horse buyer agrees to indemnify the horse seller if the horse seller is sued because of something that happens during the payment period (i.e., horse kicks someone).
• The horse buyer assumes all responsibility for the horse’s care and expenses.
• The horse seller can specify details of how the horse must be cared for during the payment period, such as feed, supplements, farrier care, etc.
• The horse buyer agrees to keep the horse at a specified location during the payment period and not move the horse without the horse seller’s permission.
• Section for the horse seller to specify what the horse buyer can and can’t do with the horse during the payment period, including who can ride the horse, jumping limitations, bits and more.
• The horse seller can check on the horse during the payment period and take possession of the horse if the horse is not being properly cared for.

Risk of Loss:

• The horse buyer assumes risk of loss of or injury to horse immediately upon signing the agreement, whether or not the horse buyer takes possession of the horse.
• The horse buyer agrees to indemnify the horse seller if the horse seller is sued because of something that happens during the payment period (i.e., horse kicks someone).
• The horse buyer agrees to hold the seller and the seller’s employees, agents, etc. harmless from liability associated with injury to the horse buyer caused by the horse post-sale.
• The horse seller’s maximum liability under the sale contract is limited to the amount of the purchase price paid by the horse buyer.

Horse’s Ownership, Health, Soundness and Behavior:

• The horse seller disclaims all warranties except those specifically stated in contract (if any).
• The horse seller has a choice of making no representations or limited representations about the horse’s soundness, health and behavior.
• The horse seller has a choice of providing all the horse’s vet records, some vet records or no vet records to the buyer.
• The horse seller represents they are the sole lawful owner of the horse. Includes space to write in exceptions.

Pregnancy and Post-Sale Foals:

• If the horse is a mare, the horse seller has the option of making no representations or limited representations about the horse’s pregnancy status. Includes section about last breeding date, stallion exposure, etc.
• Optional live foal guarantee.
• The horse seller can retain ownership of a foal born during the payment period or post-sale. Includes provisions for foal’s expenses, etc.

Registration and Transfer:

• The horse seller can indicate whether the horse is sold as registered or unregistered.

Right of First Refusal:

• The horse seller can specify that they have a right of first refusal if the horse buyer later sells or gives away the horse.

Purpose and Intended Use:

• Equine contract designed for selling a horse subject to a prepurchase veterinary examination, where the horse won’t leave the seller’s possession before the sale is complete. For an equine contract designed for selling a horse subject to a vet check where the horse buyer will take possession of the horse before the sale is complete, see our Equine Sale Agreement With Trial Period form.
• This equine contract is designed to protect the horse seller and, therefore, is not intended for use by horse buyers. For an equine contract designed to protect horse buyers, see our horse purchase contract forms.
• For an equine contract designed for cash horse sales, see our Simple Equine Sale Agreement form.
• For equine contracts designed for selling a horse on trial (trial can include a vet check), see our Equine Sale Agreement With Trial Period form.
• For an equine contract designed for selling a horse on payments, see our Equine Installment Sale Agreement form.

Included Documents:

• Equine Sale Agreement Subject to Vet Check form and detailed instructions.
• Optional Attachments (customers can create additional attachments if needed): Horse’s Health and Care Information, Horse’s Training and Behavior Information, Right of First Refusal

Document Format:

• This equine form is a fillable, savable PDF with space to put a business name at the top of each page.
• This equine form comes with detailed instructions on how to fill out and understand each portion.

The Basics:

• Clauses in every Equine Legal Solutions contract.
• Information identifying the horse to be sold (breed, gender, age, registration number, microchip number, passport number, tattoos, etc.).

Ownership of Horse:

• The horse seller disclaims all warranties except those specifically stated in contract (if any).
• The horse seller represents they are the sole lawful owner of the horse or have authority from the horse’s owner to enter into the agreement on the owner’s behalf.

Registration Papers/Passport:

• The horse seller can indicate whether the horse is sold as registered or unregistered.

Vet Check Terms:

• The horse seller specifies a period of time during which vet checks must be conducted.
• The horse buyer is responsible for scheduling and paying for all vet checks, regardless of outcome.
• The vet check is not pass/fail. The horse buyer must decide whether to purchase the horse for any reason during the vet check period.
• Provisions for what happens if the horse seller receives another offer to purchase the horse before the horse buyer has decided whether to buy the horse.

Risks of Buying Any Horse:

• The seller strongly recommends the buyer see and try the horse in person.
• Seller recommends buyer seek the advice of a professional regarding the suitability of horse for buyer.
• Buying a horse unseen and untried might result in the horse not being suitable for the buyer.

Disclaimer of Warranties:

• The horse seller disclaims all warranties except those specifically stated in contract (if any).

Deposit, Purchase Price and Commissions:

• The horse’s seller can specify if there is a deposit and the conditions for which the deposit will be refunded in part or in full.
• The horse seller can indicate the method(s) of payment that will be accepted.
• All commissions received by the seller and/or buyer’s trainer or agent must be identified.

Risk of Loss:

• The horse buyer assumes risk of loss of or injury to the horse immediately upon committing to purchase the horse, whether or not the horse buyer takes possession of the horse.
• The horse buyer agrees to hold the seller and the seller’s employees, agents, etc. harmless from liability associated with injury to the horse buyer caused by the horse post-sale.
• The horse seller’s maximum liability under the sale contract is limited to the amount of the purchase price paid by the horse buyer.

Buyer’s Other Responsibilities:

• The horse buyer is responsible for arranging and paying for transportation, any necessary health tests and certificates, brand inspections or any other required documentation.

Optional Attachments:

• Attachment 1: Horse’s Health and Care Information — Optional attachment for the horse’s current and prior health and care information, including a provision for authorizing the buyer to obtain the horse’s veterinary records and results of any genetic tests. Includes information on feed, worming, vaccinations, soundness, allergies, illnesses, diseases and any other conditions that seller wants buyer to be aware of.
• Attachment 2: Horse’s Training and Behavior Information — Optional attachment for the horse’s training and behavior information.
• Attachment 3: Right of First Refusal — Optional attachment where the seller can specify that they have a right of first refusal if the horse buyer later sells or gives away the horse. Includes a provision for liquidated damages in the event the buyer was to materially breach the provisions in the attachment.
• Other attachments: Optional provision for customers to add one or more additional attachments if needed.

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 an instructor.
• This equine contract is designed to protect both the horse owner and the sales agent.
• This equine contract is designed for situations where the horse will be in the sales agent’s possession during the consignment period. For an equine contract designed for situations where the horse will be in the horse owner’s possession during the sale period, see our Equine Sale Commission Agreement Form.

Included Documents:

• Equine Consignment Sale Agreement form and detailed instructions.

Document Format:

• This equine form is a fillable, savable PDF that has space to put a business name at the top of each page.
• This equine form comes with detailed instructions on how to fill out and understand each portion.

The Basics:

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

The Horse’s Expenses:

• Detailed, customizable expense sections: Can specify who pays for the following expenses, including “on the cuff” options:
  • Board
  • Training
  • Lessons and coaching
  • Vet and farrier costs
  • Show and other competition fees
  • Advertising and marketing costs
  • Photography and videography costs
• The horse owner pays for all other expenses not specified.
• Customizable expense payments: Can specify when expenses must be paid (e.g., monthly or when horse sells)
• Customizable payment options: The horse owner can be required to pay vets and farriers directly.

Horse Sale Commission:

• Detailed, customizable commission sections: Can specify how commission will be calculated (e.g., flat fee, percentage of sale price, difference between owner’s price and horse’s sale price).

Optional Evaluation Period:

• The horse owner and the sales agent can specify that the sales agent can evaluate the horse upon arrival and decide whether to represent the horse for sale.
• At the end of the evaluation period, the sales agent can terminate the agreement if the sales agent decides the horse is not salable or if the horse owner and the sales agent can’t agree on an asking price for the horse.

Marketing of the Horse:

• The horse owner and the sales agent agree upon an asking price, which can be changed if they both agree to change it.
• The horse owner and the sales agent agree in writing on an advertising and marketing plan for the horse, including who pays for the advertising and marketing costs.
• The sales agent handles all inquiries from prospective buyers about the horse.
• The sales agent shows the horse to all prospective purchasers.

Receipt of Offers to Buy the Horse:

• The sales agent can accept any unconditional offer to buy the horse, as long as the offer is at or above asking price.
• For conditional offers, and offers below the asking price, the sales agent must convey those offers to the horse owner. Then, the horse owner and the sales agent must agree to accept, decline or present a counteroffer. If the sales agent and the horse owner can’t agree, the offer must be declined.

Execution of the Horse Sale :

• The horse owner and the horse buyer enter into the horse sale contract directly. This reduces the likelihood that the sales agent will be sued in connection with the horse sale, and it also allows the horse owner to see the terms of the sale.
• The horse owner provides the sales agent with the horse’s registration papers, passport, registration transfer, etc.
• The sales agent must deliver the horse sale proceeds to the horse owner within a specified time period after receipt.

Protections for the Horse Owner:

• The sales agent is liable for injury to or death of the horse caused by the sales agent’s negligence or willful misconduct.
• The sales agent agrees to keep the horse at a specified location and can’t move the horse without the horse owner’s permission.
• The sales agent agrees to provide a specific standard of care for the horse during consignment period.
• If the sales agent terminates the agreement, the sales agent forfeits their commission.
• The sales agent assumes the risk that they will be injured or killed by the horse.
• The horse owner enters into the horse sale contract directly with the horse buyer, so the horse owner can see the terms of the sale.
• The horse owner and the sales agent agree in writing upon an asking price for horse, and the sales agent can’t change it without the horse owner’s express permission.

Protections for the Sales Agent:

• Unless the sales agent is negligent or engages in willful misconduct, the horse owner retains all risk of loss of or injury to horse.
• Except for normal wear and tear, the horse owner agrees to pay for any damage the horse might cause to the sales agent’s property or the facility where the horse is kept during the consignment.
• The horse owner agrees to indemnify the sales agent if the sales agent is sued as a result of the consignment or sale of the horse or anything the horse might do (e.g., if the horse kicks someone).
• The sales agent has exclusive right to sell the horse during the consignment period unless the sales agent terminates the agreement.
• The horse owner enters into the horse sale contract directly with the horse buyer, reducing the likelihood the sales agent will be sued in connection with the horse sale.
• The sales agent is not responsible for commissions to any third parties, such as the horse buyer’s trainer.
• The horse owner must route all inquiries about the horse to the sales agent.
• Upon termination of the contract, the horse owner must pick up the horse within a specified period.
• Upon termination of the contract, the horse owner must pay all fees due to the sales agent before taking possession of the horse.
• The sales agent has a lien on the horse for unpaid fees and can prevent the horse from leaving the property until paid in full.
• Can specify that the sales agent receives a specified dollar amount if the horse owner terminates the contract during the optional initial evaluation period.
• If the horse owner terminates the agreement after the optional initial evaluation period is over and before the term of the consignment agreement has expired, the horse owner must pay the sales agent a specified commission, even if the horse is not sold.

The Horse Owner’s Representations:

• The horse owner states that they are the sole lawful and registered owner of the horse. Includes space to write in exceptions.
• The horse owner states that to the best of their knowledge, the horse is currently healthy and sound. Includes space to write in exceptions.
• The horse owner states that to the best of their knowledge, the horse does not have any of a list of bad habits, such as bucking or rearing. Includes space to write in exceptions.

Horse Shows and Other Competitions:

• The horse owner and the sales agent agree in advance in writing on which shows the horse will attend and in which events/divisions the horse will compete.
• The horse owner is responsible for all show expenses.
• The horse owner is entitled to all the horse’s show winnings unless the parties otherwise agree in writing.

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.

Included Documents:

• Equine Trade Agreement form and detailed instructions.

Document Format:

• This equine form is a PDF.
• This equine form comes with detailed instructions on how to fill out and understand each portion.

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 the risk of loss of or injury to the horse they are receiving.
• Each horse owner assumes the risk of personal injury or death in connection with the horse they are receiving.
• Each horse owner represents that they are the sole lawful and registered owner of the horse they are trading. Includes space to write in exceptions.
• Options for vet records: (a) the horse owner provides the horse’s vet records, (b) the horse owner authorizes veterinarian to release records or (c) the recipient of the horse waives their right to receive the horse’s vet records.
• Each horse owner represents that to their knowledge, the horse they are trading is currently healthy and sound. Includes space to write in exceptions.
• Each horse owner represents that to their knowledge, the 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 the horse is registered, the horse owner will provide original registration papers and necessary paperwork for transfer to the recipient of the horse. The recipient of the horse is responsible for submitting the registration transfer and paying the transfer fee.

Purpose and Intended Use:

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

Included Documents:

• Equine Embryo Sale and Purchase Agreement form and detailed instructions.

Document Format:

• This equine form is a fillable, savable PDF that has space to put a business name at the top of each page.
• This equine form comes with detailed instructions on how to fill out and understand each portion.

The Basics:

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

Payment Terms:

• Customizable payment options: The parties to the contract can specify lump sum payment or installments.
• Customizable provisions for late fees, interest and bounced checks.

Insurance:

• The parties to the contract specify who is responsible for obtaining and paying for mortality and major medical insurance on the donor mare and insurance on the equine embryo.

Recipient Mare:

• The parties to the contract specify who is responsible for providing (or obtaining) recipient mare and, if applicable, entering into an equine lease contract for the recipient mare.
• The parties to the contract specify who is responsible for the recipient mare’s care and expenses.

Equine Embryo Transfer:

• The parties to the contract specify who is responsible for the equine embryo transfer (if applicable), including costs.

Optional Live Foal Guarantee:

• The equine embryo seller can specify whether there is a live foal guarantee and, if so, the terms.

Protections for the Equine Embryo Seller:

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

Protections for the Equine Embryo Buyer:

• The equine embryo seller states they are the sole owner of the equine embryo and have unrestricted rights to sell it.
• The equine embryo buyer has the opportunity to perform prepurchase veterinary examination on the donor mare.
• Other than as specified in the agreement, the equine embryo buyer is not responsible for commissions to any third parties.
• If a live foal guarantee is offered by the equine embryo seller, the terms are specified in the contract.

Purpose and Intended Use:

• Horse sale commission contract designed for situations where a trainer or other horse sale agent helps a horse owner sell their horse in exchange for a commission.
• Designed to protect both the horse owner and the horse sale agent.
• For consigning a horse to a trainer or horse sale agent, see our Equine Consignment Sale Agreement.

Included Documents:

• Equine Sale Commission Agreement form and detailed instructions.

Document Format:

• This equine form is a fillable, savable PDF that has space to put a business name at the top of each page.
• This equine form comes with detailed instructions on how to fill out and understand each portion.

The Basics:

• Clauses in every Equine Legal Solutions contract.
• Information identifying the horse to be sold (breed, gender, age, registration number, etc.).
• The parties to the contract can specify a fixed time period or an open-ended period during which the horse sale agent will represent the horse for sale.
• The parties to the contract can specify where the horse will stay while the horse sale agent is representing the horse for sale and who is responsible for the horse’s care and training.

The Horse’s Expenses:

• Customizable expense sections: Can specify who pays for the following expenses (or if they will come out of the horse sale proceeds):
  • Board
  • Training
  • Vet and farrier expenses
  • Supplements, chiropractic treatments, massage and other horse care expenses
  • Show and other competition expenses
  • Advertising and marketing costs
  • Photography and videography
• Can specify when expenses must be paid, including provisions for late fees and interest on past due balances.

Horse Sale Commission:

• Numerous and detailed options for calculating the horse sale agent’s commission on the horse sale, including percentage of the sale price, net sale proceeds after expenses and other alternatives.

Optional Initial Evaluation Period:

• Optional specified time period the horse sale agent has to evaluate the horse and decide whether to represent it for sale.
• At end of the evaluation period, the horse sale agent can terminate the contract if they decide the horse is not salable or if the horse sale agent and the horse owner can’t agree on an asking price for the horse.

Marketing of the Horse:

• The horse owner and the horse sale agent agree upon an asking price for horse, which can be changed if the parties both agree.
• The horse owner and the horse sale agent agree in writing on an advertising and marketing plan, including who pays for advertising and marketing expenses.
• Can specify who handles inquiries from prospective buyers about the horse and who shows the horse to prospective purchasers.
• Can specify whether the horse sale agent will have the exclusive right to sell the horse during the term of the commission contract or whether the horse owner may use other horse sale agents.

Receipt of Offers to Buy the Horse:

• Can specify who will receive offers to purchase the horse and how different types of offers will be handled.

Execution of the Horse Sale :

• Can specify who will provide the horse sale contract and who will be named as the horse seller in the horse sale contract.
• Can specify who will receive the horse purchase price from the horse buyer and how the horse sale agent and the horse owner will be paid.

Protections for the Horse Owner:

• The horse sale agent is liable for injury to or death of the horse due to the horse sale agent’s negligence or willful misconduct.
• Can specify that if the horse sale agent terminates the commission agreement, they forfeit the commission on horse sale.
• The horse sale agent assumes risk of personal injury or death of themselves and their employees, contractors, etc.
• Can specify that the horse owner will enter into the horse sale contract directly with the horse buyer, which allows the horse owner to see the terms of the horse sale.
• The horse owner and the horse sale agent agree upon an asking price for the horse, and it can’t be changed unless both of them agree.
• Can specify that the horse owner is not responsible for any commissions to third parties, such as the horse buyer’s agent.
• Space for the horse owner to disclose the sale horse’s physical and/or behavioral problems to the horse sale agent.
• Can specify that the horse sale agent will rely solely upon their own knowledge of the horse’s condition and behavior in representing the horse to prospective buyers.
• Can specify whether the horse sale agent will be entitled to a commission if the commission agreement is terminated, including various options dependent upon who terminates the agreement and whether the horse sells within a certain period after the commission agreement is terminated.

Protections for the Horse Sale Agent:

• The horse owner represents in writing that they are the sole lawful and registered owner of horse and have the power to sell it. Includes space to write in exceptions.
• Unless the horse sale agent is negligent or engages in willful misconduct, the horse owner retains all risk of loss of or injury to horse.
• The horse owner is responsible for insuring the horse.
• Except for normal wear and tear, the horse owner agrees to pay for any damage the horse might cause to the horse sale agent’s property or the facility where the horse is kept during the term of the commission agreement.
• The horse owner agrees to indemnify the horse sale agent if they are sued as a result of the consignment or sale of the horse or otherwise in connection with the horse (e.g., if the horse injures someone).
• Can specify that the horse sale agent has the exclusive right to sell the horse during the term of the commission agreement.
• Can specify that the horse owner will enter into the horse sale contract directly with the horse buyer, which reduces the likelihood the horse sale agent will be sued in connection with the horse sale.
• Can specify that the horse sale agent is not responsible for any commissions to third parties, such as the horse buyer’s agent.
• Can specify that the horse owner must route all inquiries from prospective horse buyers to the horse sale agent.
• The horse owner must pay all fees due to the horse sale agent before removing horse upon termination of the commission agreement.
• The horse sale agent has a lien on the sale horse for unpaid fees and can prevent the horse from leaving their possession until paid in full.
• Can specify whether the horse sale agent will be entitled to a commission if the commission agreement is terminated, including various options dependent upon who terminates the commission agreement and whether the horse sells within a certain period after the commission agreement is terminated.
• Can require the horse owner to state in writing that to the best of their knowledge, the horse is currently healthy and sound. Includes space to write in exceptions.
• Can require the horse owner to state in writing that to the best of their knowledge, the horse does not have any of a list of bad habits, such as bucking or rearing.  Includes space to write in exceptions.