What sales contract or bill of sale have you used or seen that you think is the best?
Is there any unusual circumstance in the sale? A bill of sale is pretty straight-forward; I would just have the horse described in adequate detail, the price, date, and signed by both parties. A contract is not needed in most cases.
You also need a disclaimer saying that Buyer has had the opportunity to have the horse examined to his/her satisfaction. The horse is sold âas is, where isâ and is being sold with no warranties, either express or implied.
Also, specify how long seller is willing to keep the cost at his expense and what the cost will be for every day over that.
when does transfer take place? At signing of contract? At delivery?
And also who is liable for any injury incurred by the horse after the agreement to sell has been reached.
etc. etc.
There are a LOT more conditions that Cupid indicated.
Google âhorse sale contractâ
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@Lord Helpus So to me, if a contract is signed before the buyer takes possession, that is an unusual circumstance. Just my experience, dealing with straight-forward transactions of recreational/low level horses, with no agents involved.
Thanks Lord Helpus
I donât know that there is a âbestâ contract. Theyâre not one-sized-fits-all like that. If youâre not going to hire an attorney to help you draft one, this site has pretty good basic fillable/adjustable forms https://www.equinelegalsolutions.com/forms.html
There really is no one size fits all. It depends upon the circumstances that pertain to the sale. Perhaps Google sales contracts, and see what would apply in your situation?
Usually, the transfer of ownership occurs when A) the contract is signed by both parties and/or B) when money changes hands. In the era of emails and texts and PayPal, the buyer may send money before actually picking up the horse.
Who pays for what should be agreed to if the horse is not changing hands at the same time. If Buyer has to have the horse shipped, or cannot come to get the horse for [e.g] a week, then the parties need to agree who is liable if the horse needs vet work during that week.
If everything happens at the same time, then the only important part is the âBuyer has had the opportunity to have the horse examined by specialists of the buyerâs choosing and, based on their examinations, Buyer is satisfied that the horse is suitable for the intended use. The horse is sold as is/where is; Buyer has not relied on the representations made by Sellerâ. That way, the Buyer cannot come back at Seller saying: âBut you said thatâŠâ or âYou did not tell me that the horse is crippled on all 4 legs.â
Contracts are not necessary if everything goes well. But, if it does not go well, then it makes sense to have the responsibilities of Buyer and Seller in writingâŠ
[None of the above should be construed as legal advice. If Buyer/Seller want to incorporate similar language in the sales contract, they should check with their own attornies. <â This is a CYA for me.]
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Note, too, that there are some jurisdictions (FL and CA for sure, and I think KY) that require bills of sale for horse transfers, and specify what information needs to be provided, so make sure youâre using applicable law.
