Buyer Responsibility

[kwpn_01]

Hi all, I’m seeking a little bit of insight on this topic as this is my first time selling a horse, let alone selling a horse to a buyer 21+ hours away (driving).

My mare has found a new home and the sale went quite flawlessly. Buyer and I maintained communication throughout the entire process (vetting, photos/videos, etc.) a sales contract was signed and money in my pocket. Shipping was arranged and she was actually supposed to be picked up today. Unfortunately, there were some logistical errors in the planning and the shipper does not have room for her on the trailer. Thus, shipping will be delayed.

All is good on my end, her board has been paid until mid-May (as she was supposed to be gone before this date) and we do not need the stall right away. In my sales contract, it states that maresy will be buyer’s financial responsibility after the contract has been signed and she has been paid in full (which has been done). It is likely the next ship date won’t be until end of May/beginning of June, best case.

I know it is stated in the contract, but would it be reasonable to ask the buyer that board be paid for the rest of the month/next month as she will still be in our care until then? I always feel bad when circumstances such as these arise as it is really no one’s fault but the shippers, and I don’t want to seem like I’m squeezing. In a case like this, would you continue to pay board on your animal even though it has been sold? Thanks in advance for any input.

[Scribbler]

Who messed up the shipping, you or the buyer?

[kwpn_01]

Shipping was arranged by the buyer.

[Scribbler]

Then it’s reasonable to ask buyer to pay board. Also, who will keep horse exercised at your place? What if it gets injured? Does owner have insurance?

Without paying board owner can potentially dilly dally about shipping until they are good and ready for horse.

[kwpn_01]

This is true, I never thought about it that way. I have requested that if the shipping date nears the end of the month or in June, that board be paid for the month.

I do have clauses in my contract to address the unpredictability of horses and what is to happen if horse is injured. It is the buyer’s responsibility to insure and she has been made aware. She currently has basic insurance (specified perils) under me, and she is covered throughout the shipping process.

[trubandloki]

I think your plan sounds like a good one.

I think the answer to this question also depends on the price of the horse. Paying an extra month of board on a mid five figure animal is different than paying an extra month when you are only getting low four figures.

[clanter]

@kwpn_01

She currently has basic insurance (specified perils) under me,

you might want to read your policy as usually you can not insure something you do not own …since horsy was sold and paid for it not yours but is under your care.

[kwpn_01]

I agree with you @trubandloki, given she was selling for a higher price I may have accommodated and paid. However, she has been sold for mid-fours, so it puts quite a dent into the sale price.

@clanter that is a good call, thanks. I have paid for her policy in full and she is covered until October, perhaps it is something that can be transferred.

[blue_heron]

Is this the same mare that you posted about having a bone cyst? And is now being shipped 21+ hours away?

[Xanthoria]

@kwpn_01

I know it is stated in the contract, but would it be reasonable to ask the buyer that board be paid for the rest of the month/next month as she will still be in our care until then? I always feel bad when circumstances such as these arise as it is really no one’s fault but the shippers, and I don’t want to seem like I’m squeezing. In a case like this, would you continue to pay board on your animal even though it has been sold? Thanks in advance for any input.

I can see both sides: why put it in the contract unless you intend to enforce it? Buyer owns the horse - approach as kindly as you can but why pay board on someone else’s horse? You’re already going to be stressing over the day to day looking after the horse, exercising etc.

On the other side, a friend recently bought a horse and seller (trainer) said seller (owner) had only paid thru end of the month, so she owed 2 weeks of board. Which felt stingy. But perhaps it was all in the delivery of the message?

[findeight]

As buyer of even a cheap horse, would always expect to pay board from the day ownership transferred unless specifically told differently. Even at most breed auctions, you have xx hours to get it off the property before board is charged. Far as I know thats industry “standard” regardless of when it actually steps on a trailer.

Once its paid for, its buyers responsibility. I’ve signed board contracts for as little as 3 days while transport was arranged. Maybe twice seller had paid through the end of month so was welcome to keep it there until that ran out but it was pretty close to the end if the month anyway.

Dont fret about expecting this buyer to pay board on her horse because her transportation arrangements fell through and she cant seem to arrange another pickup until next month?? Thats a bit weird. But she pays board, not talking about a couple of days here.

[mmeqcenter]

@findeight

As buyer of even a cheap horse, would always expect to pay board from the day ownership transferred unless specifically told differently. Even at most breed auctions, you have xx hours to get it off the property before board is charged. Far as I know thats industry “standard” regardless of when it actually steps on a trailer.

Yep

[Gardenhorse]

When I purchased my horse, I had a 3-day grace period to arrange shipping. After that I would have had to start paying board at the seller’s barn. I think it’s completely reasonable for you to ask the buyer to start covering board.The buyer now owns the horse - its costs are her responsibility. It’s too bad that the shipping fell through, but given that she arranged it, it’s certainly not your fault or responsibility. She’s lucky that your barn still has the stall available. My barn has a horse moving out next week and a new horse moving in the next day.

[outerbanks77]

The one time I bought a horse that was a long distance and needed to be professionally transported, the seller (breeder) gave me something like 2 weeks, and the contract specified the board cost I would pay for any time exceeding that, even though it was just pasture board on her private property. Seemed quite fair to me.

Well, the other time I bought a horse that required transport, it was from a close friend. My memory on it is a little fuzzy, but I think we prorated the remaining part of the month’s board that he had already paid, and I reimbursed him for that and was able to arrange shipping for the mare before the paid month expired.

[candyappy]

As a buyer I would expect to be responsible for all costs once the contract is signed and money changes hands. Unless you gave the buyer a grace period as far as board is concerned until the specified ship date.

I would contact them immediately now that shipping is in limbo and get board paid through a certain date. If horse goes earlier you can just refund the balance? If you wait for them to offer to pay you may be waiting forever…

[Djones]

“. In my sales contract, it states that maresy will be buyer’s financial responsibility after the contract has been signed and she has been paid in full (which has been done)”

They arranged shipping, they should pay for board incurred after the failed ship date. I would ask them how they wish to pay for May 15 through May 31, as a courtesy you’re covering a couple of days between now and mid month.

[kwpn_01]

Thanks everyone! I will definitely take these responses into consideration moving forward. Still no ship date re-established so it’s looking like I will be asking for board.

[fordtraktor]

Also suggest she post on Hitch My Horse a Ride FB group. When I recently bought a horse from half the country away, I was able to arrange shipping quickly, like in 2 days. Maybe she should use a different shipper than she planned.