Zayat- A little background

[QUOTE=vineyridge;8173134]
TB horse auctions sound very dishonest to me. If a horse will not sell below its reserve, any bidding below that figure is just sham. Why not simply start the bidding at the reserve, let the sellers bid once a legitimate bid at the reserve is made by a third party, and accept the results as the true value of the horse.[/QUOTE]

Gumtree will correct me if I’m wrong.

The reason you might not start at the reserve is the seller must pay a commission to the sales company (Keeneland, Fasig, etc) for the hammer price, regardless if that is RNA or sold. This is why the seller may have agents bidding on their behalf…to go to a certain point and judge the action on the horse. If there is no live money and no interest whatsoever in the horse, the sale will likely quit well below the reserve. If there is a bit of live money, the agent(s) may aggressively bid up to the reserve, and then let the first live bid buy the horse.

It’s a calculated plan that depends on a variety of factors-- the individual horse, the owner’s desires (keep to race, or sell at all costs), and the current market of available buyers.

To an outsider, it may seem dishonest but if you know how the game is played, there is some structure, rules, and logical reasoning. I would not advise John Doe to walk in off the street and jump in bidding with both feet…there is a lot to learn and the water is deeper than it appears. It’s not all in the seller/agent’s favor, either… I’m sure Gumtree can share a story where he got a bit burned and was stuck with a horse, or let one go cheap who later turned a hefty profit for someone else. :wink:

[QUOTE=EventerAJ;8173329]
Gumtree will correct me if I’m wrong.

The reason you might not start at the reserve is the seller must pay a commission to the sales company (Keeneland, Fasig, etc) for the hammer price, regardless if that is RNA or sold. This is why the seller may have agents bidding on their behalf…to go to a certain point and judge the action on the horse. If there is no live money and no interest whatsoever in the horse, the sale will likely quit well below the reserve. If there is a bit of live money, the agent(s) may aggressively bid up to the reserve, and then let the first live bid buy the horse.

It’s a calculated plan that depends on a variety of factors-- the individual horse, the owner’s desires (keep to race, or sell at all costs), and the current market of available buyers.

To an outsider, it may seem dishonest but if you know how the game is played, there is some structure, rules, and logical reasoning. I would not advise John Doe to walk in off the street and jump in bidding with both feet…there is a lot to learn and the water is deeper than it appears. It’s not all in the seller/agent’s favor, either… I’m sure Gumtree can share a story where he got a bit burned and was stuck with a horse, or let one go cheap who later turned a hefty profit for someone else. ;)[/QUOTE]

Well, I am trying to get some boring office work done. I would get a lot more done a lot more quickly if I had a “time lock” on my internet connection. So as to focus without “distractions” on what I am supposed to be doing instead on things that are more fun and interesting. My comments, post are most likely time consuming to read for most. But even more time consuming to “compose” and check for accuracy. Most are composed from memory, I have found “accuracy, fact checking” is done by those that read them. And “calling me out”
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Aj, we are on the same page here. When a seller sets a reserve with the sales company they give a number at which the horse to be sold at. The “bidding procedure” meaning the minimum amount a buyer can bid and or a bid that will be accepted by the auctioneer is “set” by the level of money in the ring, the amount bid which is posted on the “bid board”. It can be as little as $100 per bid, than $1,000, $5,000, $10,000 etc. as the price of the horse goes up. The exact “numbers” are explained in the conditions of sale under “bidding procedure”. Each sale is different and this should be reviewed as outlined in of the sale catalogue. “Select, high dollar” sales generally start at $5,000. “Open” sales as little as $100.

So the reserve price is set according to the bidding procedure of the sale. If the set bid is say $5,000 and you want to sell the horse for $100,000 you write set the reserve at $95,000 meaning you will sell for over that amount, $100,000, by back at $95,000.

Then the seller is asked “all the way” or “live money”. For some of the reasons you have given. A commission is paid on the hammer price, sold or not. “All the Way” means the auctioneers will “take” the horse all the way up to the reserve regardless if anyone is bidding at any given point. “Live Money” means the auctioneers will “hammer” the horse when “live money” people who have been bidding on the horse, bidding against the reserve stops. Which saves paying higher commissions.

Keep in mind that both the sales company and the consignor are paid a commission. Generally 5% of the “hammer” price. Sold or not. Depending on the sale, sales company, consignor and sometimes the "strength "of the seller, the sales commission can be “structured”.

5% from 0 to $100,000, 4-3 over that, 2 ½ for horses over $500,000 etc. It’s negotiable to a certain extent and or is set out in the consignment contract. There is always a minimum set and paid to the sales company. Even if the horse is a “no bid”. The “upset price” is stated in the front of the catalog. Which means no bid under that amount will be taken. In “open” sales the upset price is generally twice what the “kill buyers” would pay.

The value of any horse, anything is set by what another person is willing to give. At auction the seller would always what more than 2 people bidding on their horse. In other words not just the “seller” and 1 interested buyer. Nothing dishonest about the process at all.

Many a “new buyer” has paid more than they had to. It’s the sales company or sellers fault they didn’t know what they were doing. I have worked for some very wealthy people who had bought at auction by themselves before hiring an advisor. I would tell them to stop bidding, “we are being run” and or have “backed down” the bid by “calling out” the auctioneer when being “run”. In other words they got caught with their pants down. The auctioneer knows it and they generally blame the “mix up” on one of the bid spotters and chastise them. The bid spotters don’t take it personally they know the drill.

I have had clients say, “what do you mean we/I are being run”. It amazes me, these were not people that had never been to a TB auction before. Just too cheap to pay for advice. The sales company works for the seller. It is their job to get the most money possible for the horse in the ring. Know the rules and regs.

In the early 90’s there was a “new player” with DEEP pockets at the Saratoga sale. His trainer and “adviser” is extremely well known and excellent judge of a horse and a top trainer. But he was known to those in “the know” to be greedy and expect to be paid from “both sides”. Especially with very high dollar horses.

I was at one of the sales barns working my “list” we all knew who the “new guy” was and the kind of money he had to work with. We also knew which horses were most likely going to be the “stars” of the sale. Well, the “new guy” was looking at one of the “stars” and proceeded to announce in an egotistical, " I am going to buy this horse no matter the cost" for all to hear.

I almost burst out laughing. Not at they way he said it but for saying it. He basically announced to the seller put what ever price you want on the horse I am going to buy it. I can pretty much guarantee you his “adviser” when back to the seller without him and “cut a deal”. We/he will pay this amount and I expect this much “kicked back”. Totally against the “rules” but done never the less. Pretty had to prove. Though the late Jess Jackson (Stonestreet Stables) took his agent/s to task and some consignors. He sued and won. A lot of “dirty laundry” was aired in public.

The “new guy” finally figured things out but paid for a VERY expensive lesson. To be fair to the industry the vast majority of consignors will not “double deal” with an agent/adviser.

But plenty have said to me over the years, Larry if you buy this horse I will “look after you”. I ALWAYS said “thanks” but my client pays me well. Which was not always the case. I got screwed by number of so called “clients”.

I also got caught up unbeknownst to me in a “3 sided deal”. And I thought I knew all the “tricks”. Very embarrassing and I was really "f**king pissed. I take great pride in being on the “up and up”. I went to “court” for the buyer of my horse, and a couple of “high profile names” had to “leave town” when the dust settled. But my name was dragged through the mud for a little while. The “buyer” was one of the biggest in the industry at the time and his agent a very good friend of mine. The “buyer” thanked me, knowing full well that if I had kept my “mouth closed” they couldn’t prove anything. I did a fair bit of business with him and his wife in later years.

In years past, basically on page “1” of every catalog in bold type you would see; “Caveat Emptor” and were expected to know and understand the meaning. For those who are not;

“A Latin phrase for “let the buyer beware.” The term is primarily used in real property transactions. Essentially it proclaims that the buyer must perform their due diligence when purchasing an item or service”.

In this country every horses is announced as “sold” regardless if it did or not. The auctioneer will say sold, and give a bid spotter’s name, the section of the pavilion they are working. If the horse “did” sell you will see a sales company’s representative go to that section and have the buyer “sign” for the. It may be an “actual” sale, most are, or it could be a buy back by a seller. There is usually a “code name” of a “spotter” associated with an RNA when nobody has to “sign” for the horse. The auctioneer may say, “Sold to Woody in the back”. Seasoned buyers know and or figure out what the “code word” is.

“I’m sure Gumtree can share a story where he got a bit burned and was stuck with a horse, or let one go cheap who later turned a hefty profit for someone else”

LOL, oh yea! Sometimes to my benefit and a lot of times to others. It’s all part of the game. As I have said to whiners, “put on the long paints if you want play with the big boys/girls”.

Back on “topic” for those interested. I saw a “preview” for a show on CNBC called “The life of the very wealthy” or something like that. Airing on Thursday about Mr. Zayat and A-P.

[QUOTE=vineyridge;8173134]
TB horse auctions sound very dishonest to me. If a horse will not sell below its reserve, any bidding below that figure is just sham. Why not simply start the bidding at the reserve, let the sellers bid once a legitimate bid at the reserve is made by a third party, and accept the results as the true value of the horse.[/QUOTE]

The bidding process isn’t dishonest, it just works by a set of rules that you may not be familiar with. The vast majority of bidders understand exactly how it works. And for those that don’t, the auction companies strongly caution potential bidders to acquaint themselves with the system before getting involved for the first time.

Almost all horses go through the ring with a reserve, which only makes sense. Suppose I have a yearling to sell and suppose I decide that the horse is worth $100,000 to me. That’s the price below which I would rather keep the yearling and race it myself than sell it to someone else. The potential buyers aren’t the only ones who get to determine a horse’s value. It’s only fair that I, as seller, also get to have a say. If the buyers don’t agree with my valuation, there’s nothing forcing them to bid and the horse will simply go unsold.

If the auctioneer were to ask for an opening bid of $100,000 (on my mythical yearling) no one would raise their hand. The only horses whose first bid is six figures go on to sell in the seven figure range. So the auctioneer will ask for something lower (ie “what are you will to pay?”) “Will you give me fifty?” No takers. “Twenty-five?” No takers. “Who will give me ten?” And someone does and the auction begins.

It would be silly for an auctioneer to decline to accept lower, legitimate bids. The bidding below 100k isn’t a sham. It’s people bidding what they would like to pay for the horse. They are making honest bids and hoping that the other bidders will drop out before they reach their limit. In most cases, the reserve is pre-set and the sellers aren’t bidding at all.

As for “the true value of the horse” anyone on COTH will tell you that that price is whatever someone is willing to pay for the horse on the day. Sometimes the final bid is made by a buyer and it’s a sale; sometimes it’s made by the house and the horse is an RNA.

[QUOTE=gumtree;8173088]
I am sorry this is NOT correct. [/QUOTE]

Check section 2-328 (4) of the Uniform Commercial code.
https://www.law.cornell.edu/ucc/2/2-328

[QUOTE=Equibrit;8173977]
Check section 2-328 (4) of the Uniform Commercial code.
https://www.law.cornell.edu/ucc/2/2-328[/QUOTE]

The UCC is not law, law of the land. It is “suggested law” so as to give guidance for individual states to adapt in full and or modify to fit its jurisdiction.

The page you linked to doesn’t give the following disclaimer but does on other pages. Which I copied and pasted below.

“Our collection aims to show each section of the U.C.C. in the version which is most widely adopted by states. That means we will not always display the most current revision if that revision has not achieved widespread adoption among American legislatures”

The UCC is used in cases where there is no “clear” definition in a state’s “statutes”. When a “dispute” and or civil suit is filed.

So, what you have linked to doesn’t apply in this case. Keeneland’s conditions of sale does under KY statute as it says,

In accordance with KRS 330.210 and 355.2-328(4) and other applicable laws, the right to bid in this sale is reserved for all Sellers, including their disclosed and undisclosed Agents, unless otherwise announced at time of sale.

If I were to hold my own “auction” of my horses at my farm and did not “spell out” the conditions of sale as Keeneland and other sales companies do. And a bidder took “exception” to me bidding on my own horses than I suppose the UCC’s idea of “auction law” would kick in. And or PA statues. A lot of states may follow the UCC on this topic. But not where major TB sales auctions are held.

Feel free to research under Kentucky law showing where I am wrong on this. But I am pretty sure Keeneland and Fasig Tipton have paid a lot of money to make sure their Condition of Sale will withstand a legal challenge. I would be surprise if some disgruntled buyer hasn’t already tried.

In most case the opening bid, the very first bid the auctioneer calls out is pretty close to the reserve, as a indicator

[QUOTE=summerly;8174169]
In most case the opening bid, the very first bid the auctioneer calls out is pretty close to the reserve, as a indicator[/QUOTE]

I have heard other people say that but of the 100 or so horses that have sold at Keeneland and/or Fasig Tipton whose reserves I knew before they went in the ring (and many of which I set) I have never seen it to be true.

[QUOTE=LaurieB;8174256]
I have heard other people say that but of the 100 or so horses that have sold at Keeneland and/or Fasig Tipton whose reserves I knew before they went in the ring (and many of which I set) I have never seen it to be true.[/QUOTE]

I wish someone would take the opening “ask bid” on a lot my horses. Most of the time it is no where near the reserves I have set. Most of the time much higher then lower. No collation

More bad press. I take no position on this so please don’t shoot the messenger.

http://www.paulickreport.com/news/triple-crown/zayat-hit-with-10-million-libel-lawsuit-by-new-york-attorney/

[QUOTE=summerly;8174169]
In most case the opening bid, the very first bid the auctioneer calls out is pretty close to the reserve, as a indicator[/QUOTE]

I wish someone would take the opening “ask bid” on a lot my horses. Most of the time it is no where near the reserves I have set. Most of the time much higher then lower. I agree with LaurieB, no collation

Back to our regularly scheduled program- more on Zayat.

http://www.bloodhorse.com/horse-racing/articles/92319/lawyer-for-rubinsky-sues-zayat-for-libel

I hope the horse wins it for Baffert. Connections aside; hes a homebred and an awesome horse. Baffert has remained very humble and honest through it all.

[QUOTE=snaffle1987;8174522]
I hope the horse wins it for Baffert. Connections aside; hes a homebred and an awesome horse. Baffert has remained very humble and honest through it all.[/QUOTE]

I am not sure how to feel about Baffert. When I met first met him years ago he was a very congenial type of guy. Presents himself well and handles the media like pro. But he is hardly without controversy. I know a couple of high profile owners that had horses with him. The operative word being “had”.

http://www.bloodhorse.com/horse-racing/articles/77448/baffert-horses-big-part-of-sudden-death-spike

Best of luck to AP, the Zayats, the Bafferts, and the remainder of the team who have kept this horse in such great shape. I hope he wins it all!

[QUOTE=gumtree;8174557]
I am not sure how to feel about Baffert. When I met first met him years ago he was a very congenial type of guy. Presents himself well and handles the media like pro. But he is hardly without controversy. I know a couple of high profile owners that had horses with him. The operative word being “had”.

http://www.bloodhorse.com/horse-racing/articles/77448/baffert-horses-big-part-of-sudden-death-spike[/QUOTE]

I’m all for putting the people aside at this point. The Triple Crown is in danger of becoming an anachronism and I’d like to see it won again.

I liked this article

http://www.si.com/horse-racing/2015/06/01/american-pharoah-belmont-stakes-triple-crown-bob-baffert-ahmed-zayat

I’m puzzled why people are so intent on criticizing the connections of a horse as to whether or not the horse “deserves” to win. Plus, it’s rude. The horse won 6/7 races, all wins graded stakes, and has the word “American” in his name. Who can fault him???

[QUOTE=LaurieB;8173651]
The bidding process isn’t dishonest, it just works by a set of rules that you may not be familiar with. The vast majority of bidders understand exactly how it works. And for those that don’t, the auction companies strongly caution potential bidders to acquaint themselves with the system before getting involved for the first time. [/QUOTE]

I have never bid on a horse a TB sale, but I have bid on, and purchased, a bunch of American Saddlebreds at sales in Lexington, KY, and around the SE PA area. Ironically, Walt Robertson (just now retiring from Keeneland) was generally sitting in, and working on behalf of the sales teams. His father was an iconic trainer in the ASB world.

The bidding process is not transparent at any sale. Should it be? Of course. But having sellers, friends and trainers bid a horse up is just how it works. You have to be very, very careful when you are bidding. The prices at the sales I have attended never approached the stratospheric prices you see at the high-end TB sales, but a bid is a bid, and your budget is your budget.

I have watched bid spotters make mistakes, and the hammer fall to someone who had dropped out of the bidding, including myself, many times. I have watched horses get bid up by the seller’s cronies, only to have the hammer fall, and the bid to be no good. They’ve had to go back to the last real bid, and while the sales team should have been embarrassed, they were pretty oh well about it.

Regardless of anyone’s representations, it is definitely buyer beware at every level. It is not for the faint of heart, and you’d better know exactly what your budget is, when you stick your hand in the air, nod or wink.

[QUOTE=ASB Stars;8175168]
I have never bid on a horse a TB sale, but I have bid on, and purchased, a bunch of American Saddlebreds at sales in Lexington, KY, and around the SE PA area. Ironically, Walt Robertson (just now retiring from Keeneland) was generally sitting in, and working on behalf of the sales teams. His father was an iconic trainer in the ASB world. [/QUOTE]

I would love to go to a Saddlebred sale. I’ve never been to one. Are they held at the Red Mile?

The bidding process is not transparent at any sale. Should it be? Of course. But having sellers, friends and trainers bid a horse up is just how it works. You have to be very, very careful when you are bidding. The prices at the sales I have attended never approached the stratospheric prices you see at the high-end TB sales, but a bid is a bid, and your budget is your budget.

I have watched bid spotters make mistakes, and the hammer fall to someone who had dropped out of the bidding, including myself, many times. I have watched horses get bid up by the seller’s cronies, only to have the hammer fall, and the bid to be no good. They’ve had to go back to the last real bid, and while the sales team should have been embarrassed, they were pretty oh well about it.

Regardless of anyone’s representations, it is definitely buyer beware at every level. It is not for the faint of heart, and you’d better know exactly what your budget is, when you stick your hand in the air, nod or wink.

Well, here’s what I don’t understand about these complaints about the TB sales. When I’m shopping for a horse, I do my homework (as do most, if not all, buyers). I check out the family and I look at the horse at the barn pre-sale, perhaps more than once. Then I see it again in the back walking ring. If it’s a racehorse or potential racehorse, I have someone take a look at the repository. Then I decide how much I think that horse is worth to me.

When the bidding starts, I’m good to go. It doesn’t really matter who I’m bidding against (seller, friends, cronies, etc) because I know the number I am willing to pay to add that horse to my stable. That decision is mine alone. No one can make me pay more than I think the horse is worth. I’m the one who bids myself up. No one can “bid me up” against my will.

If a mistake is made and the bid backs up, I have the option to stay in or get out. All the bids are "real’ as far as I’m concerned, no matter who is making them. It could be another interested buyer or it could be the seller bidding to buy his horse back. Either way, the only person who raises my own bid is me. And when the price climbs higher than I think the horse should bring, I’m done.

As far as I’m concerned, it’s not the sales process that causes the shenanigans. It’s the agents with their dual commissions, their kickbacks, and their willingness to take advantage of newbies who don’t know the right questions to ask and who can’t tell a good horse from a bad one. Pretty much just like in the horse show world.

[QUOTE=LaurieB;8175322]
I would love to go to a Saddlebred sale. I’ve never been to one. Are they held at the Red Mile?

As far as I’m concerned, it’s not the sales process that causes the shenanigans. It’s the agents with their dual commissions, their kickbacks, and their willingness to take advantage of newbies who don’t know the right questions to ask and who can’t tell a good horse from a bad one. Pretty much just like in the horse show world.[/QUOTE]

The used to be held at Red Mile- the Tattersalls Sales. The pavilion was torn down to build dorms for students. :cry:

I agree with you completely about the issues with the professionals in all types of horse businesses.

I was one of those who knew exactly where I was going with the numbers, but, there are times when if you just slow down, and wait, the bidding slows down, too, and the numbers come back to you a little better. If you knee jerk every time a bid spotter points at you- you are screwed.