I am considering selling my slow horse and i was curious if a NO AUCTION clause is worth anything? I mean we can put it on paper, but what would be the consequence if they failed me and went against my wishes? Is there anything that can be put as a consequence for such an action? Such as they would have to pay me $$ certain amount if they took said horse to auction? I don’t know how this works or if it works. Just lookins for a way to ensure horse is as safe as possible.
You can put anything in a contract you can get the counter party to agree to.
If you put this clause in and the buyer ignores it and auctions the horse anyway what are your damages? In Tort you could claim Emotional Distress or the like. In Contract you have to prove that you have a definable financial loss. What loss do you suffer?
To enforce the clause you would likely have to sue. That means hiring an attorney @$250/hr. (at the low end). And if you win you get Contract damages as noted above.
The hard reality is that once you sell a horse it’s no longer yours. If you don’t want the horse to suffer a fate you would disapprove of then don’t sell the horse.
G.
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I get that, which i why i am asking. I love this horse and so i want to make sure he does not end up at auction. I would rather pay the buyer to euth him than to have him end up at auction. But he needs a job, and i am not enjoying riding him as he is so slow. i know he has value to the right person.
I am just hoping anyone could give me an example of what they have done in this situation?
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I’ve not done this but it is binding (my law school professor wrote the horn book on civil law way back when)
in the sales contract put a condition that
said horse shall not be sold at any auction anywhere without said horse being first offered to (your name) for the sum of (put a reasonable amt of money). Should the (name of purchaser) violate said agreement to not sell said horse at auction (name of purchaser) shall pay (you) $100,000.00. Or more
the problem is that purchaser can sell the horse for $1 and next owner can sell at auction. So you need a right of first refusal again with a monetary penalty for violation
i don’t sell my horses for the reason that people discard or abuse. Family members are dogs and cats and horses due to my parents
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Listen to Guilherme. If you cannot afford to keep,better to euth
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I never said i could not afford to keep him. I said i don’t enjoy riding him. he would be better off with an owner who can give him more attention. I will not Euth him as he is healthy and happy. I just wanted a way to try to protect him. I like the idea of an agreement to write up a similar contract.
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I’ve seen people put big “liquidated damage” numbers in a contract but under Contract Law they must be “reasonable.”
This whole area of attempts by old owners to control new owner’s behavior is a fine way to make some lawyers rich but generally don’t do much for the horse.
G.
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If it is not about money and just about getting horse a job, consider doing the contract as a long term free lease instead of a sale. Horse is theirs to do as they like except you maintain ownership and if they no longer want him then he must come back to you. This is probably the best way to keep him as safe as possible, aside from keeping him with you.
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I agree. Lease the horse instead of selling. Once sold you really have no rights. Lease and you still own the horse legally.
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If you put that clause in, you’d have to be super involved with the new owner to keep track of what actually happens with the horse. Most new owners are not going to want to have the former owner that involved. If you don’t want him going to an auction, lease him out and keep control of ownership.
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Except that now, if the new “lessee” has a problem, they can bring the horse back to you!!! Maybe even require you to come and get it. And you have to take it back.* You are the owner and therefore the person ultimately responsible for it’s welfare. And if the horse needs vet. care the new “lessee” can’t afford it then you have to foot the bill as it’s still your horse. And if the horse injures someone in the course of an activity you may end up being sued, along with the new “lessee.”
Should you refuse to do so it’s even possible YOU could be charged with abandonment. Now you get to hire a $250/hr. lawyer to defend you. If you’re insolvent then you’ll get a Public Defender.
Of course you have a contractual right to sue the new “lessee” for damages you sustain as a result of their breach of contract. And get to hire that same $250/hr. lawyer to represent you.
At the end of the day horses are property and it IS about the money. It’s fantasy to believe otherwise.
G.
*And just to make things more interesting if the “lessee” has been neglectful to the point that A/C has seized the horse then A/C can look to you, the owner, for reimbursement of costs if the “lessee” is insolvent. I can guarantee you that A/C and any contractors they have used will demonstrate to you just how much about money this all is.
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This is what good, actual horse rescues who care about the long-term safety and welfare of the horses they save struggle with.
some retain ownership to protect the horse, via basically a long-term lease, in order to do what you’re trying to do.
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Many of these things you either cover under a standard lease contract anyway (who pays medical bills, who pays to ship the horse back at end of lease, ability to take the horse back if a standard of care is not met, before reaching the point of AC) or you carry liability insurance for (IMO if you own a horse, even if it’s under someone else’s care, and don’t have liability insurance that’s extremely foolhardy)
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For what it’s worth --I bought my super-star horse at an auction two years ago —he was one of 30 offered at a Ranch Horse Auction —from what I’ve learned, that is a common way to buy an all-around horse --researching my horse’s back ground he came through two actions before I bought him --dealers buying horses then moving them East or West where the market for Ranch Horses is stronger. While I feel sad for my horse that he was “between private owners” for almost a year and a half–he was clearly well cared for and effort was made to maintain his extensive training (videos of him are on YouTube that auction houses made to market him and the other horses.) Good luck with your horse — just wanted to say a horse going to an auction can be a start of a long term relationship —not a death sentence.
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Agree with Foxglove. I have bought horses for myself and others from several auctions over the years. The last one was a mare I bought sight unseen – did it by proxy bidder. There are horses auctions of quality out there; it’s not all New Holland types. I sell a certain number of horses every year and I would never imagine trying to restrict a buyer on how he/she might sell the horse in future. I also would never accept a contract with that kind of language as a buyer. As others have said, once you sell a horse, you really don’t control what happens to it. If you can’t live with that situation, don’t sell the horse. The horse does not care if he is underutilized and just a lawn ornament.
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It’s also something that foolish people do and get “burned” for.
As noted auctions are not automatic “death sentences.” To say “no auction” is as foolish as to say “no sale to another, EVER.” Life happens.
G.
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Well, it’s what the OP asked, and what I could share with her from my experience with reputable rescues who’ve done exactly this for decades.
Maybe it’s not that it can’t be done, but rather that it hinges on who’s doing the doing. 
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I don’t necessarily think a horse going thru auction will have a bad end, but the closest auction to me is New Holland. this horse is now 16 yrs old, and it is a huge worry. I really don’t know what to do, but i was hoping there was a good way to protect him.
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Yes, my lawyer told me that if I put any clauses in such as “No slaughter auction” or “First right of refusal,” that to enforce it you must include a penalty for violating the clause. Otherwise the court has nothing really to uphold.
I typically put in an amount that varies based on the sale price of the horse, up to about $3000 max.
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I’m curious if clauses like this really protect the horse at all. People are pretty much going to do what they’re going to do. If there’s a “no auction” clause and the horse goes to a sale anyway, and winds up on a truck to Canada, what does going after the new owner really accomplish? It won’t bring the horse back. Good chance the legal fees will eat up any penalty, if you’re even able to get the dollars.
A clause might also scare away good, responsible, buyers that wouldn’t send a horse to a livestock sale, fearing seller overreach.
Seems like the best option is to lease, maintaining in close contact, or sell with a simple contract after screening carefully and stay in friendly contact following. There’s certainly risk even there, though.
The only way to ensure nothing bad EVER happens is to keep the horse in your care. They sure don’t mind sitting around eating.
