I’ve heard of first right of refusal clauses, and I know they are common, but what about no resale clause? As in if I no longer want the horse, instead of selling it, I return it to the seller no questions asked.
Ever bought a horse with one? Would I even own the horse?
I think that is actually a lease 
Are you allowed to give the horse away? Euth it? Retire it?
Nah, I wouldn’t do it. My horse, my decision.
Interesting. I was recently contemplating a similar question but in reverse - if someone were interested in buying a horse but only on the condition that the seller would take it back (for free) when buyer was done with it, could that be written into the sales contract?
I concluded no. Multiple potential issues. Seems that all of these conditions are in the same category - either legally unenforceable (even if signed in a contract) or a huge, expensive PITA to take someone to court to enforce it.
Yes, to the seller. Euth? I suppose so, since it’s not covered in the clause.
I certainly wouldn’t buy one with a no sale contract. I wouldn’t want to put months or years into showing or training said horse, only to be told that I couldn’t sell the horse (and for what it’s worth). I have, however, signed contracts with a first right of refusal clause, and I have always honored that. However, it is hard to enforce if someone doesn’t really want to honor their word or contract.
So you pay for the horse, you spend all kinds of money on training for the horse making it more valuable but if you decide you do not want this particular horse anymore you have to give it back to the old owner instead of selling it along to another home?
That’s what I was thinking as well.
Although I have one retired horse I’m happy to support, it would have been nice to send him somewhere where I knew he’d be happy on someone else’s dime. I gave away one other horse that was retired. I knew where he was and could visit anytime. Still, he was no longer my horse and as he aged, I regretted giving him away because his owner kept him going long past a humane end. So in that sense, it’s commendable that seller wants to protect the horse against such an occurrence.
I wouldn’t mind that if they are going to refund the total purchase price no matter what shape the horse is in.
I think some of the rescues that do “adoption” have clauses like that. I think there have been similar questions about whether they are legally enforceable. But I would be pretty hesitant to sign such a contract on a horse I was paying actual money for.
I have sold a couple of horses with a similar clause and I would take them back without hesitation. Usually a horse with some vet issues, etc. and I just want to make sure they have a place to go that isn’t a meat auction if they become unrideable — even if it is just to euthanize kindly. I would do that for any of my former horses.
It’s worked fine for me so far. I like it better than leasing. But it isn’t something I would ask for as a buyer for the reasons you mention. Making someone take it back would be difficult and expensive legally.
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