In short, depending on the circumstances, you decide what protection you need, then design and let the parties execute a contract, such as a purhase and test agreement before your horse leaves the stable. The full payment of the refundable horse, subject to the return of the horse to the owner`s property in the same condition and certain contingencies. 2. The test phase: this part of the contract must spell the nuts and screws of the test with great specificity. Include: j. If the horse needs to pass a pre-emption test, indicate the name of the veterinarian, the tests that can be included and who pays. Many experts recommend that the pre-emption examination be conducted in court before a horse leaves. In this way, if the horse becomes lame or sick, the problem can be identified before the horse is put in the hands of a buyer. From the buyer`s point of view, an attempt is a great way to more accurately assess the horse`s ability before a piece of change descends. For the seller, he can close the sale.
Besides, what could go wrong? The advantage of a written contract in such a situation is that you will not be able to try to identify a person`s intentions and understand what has been agreed before or challenge in court. If you don`t spend the time and effort needed to protect your horse on the front end, you can cost more on the rear end if the sale fails, your horse is injured or dies, or when it comes back from the trainer`s stable, it can no longer function, is not healthy, and the total value of the horse has decreased or decreased considerably. Even if it is rare, an unethical buyer could steal the horse. Ensure that the contract provides for the purchase of insurance to cover the potential loss of a horse, as well as strict provisions that describe precisely where the horse should be kept and whether it should be authorized by these premises. The theft of a horse would likely result in both criminal and civil actions. In both cases, a written and signed contract, which explicitly defines the parameters of the transaction between the buyer and the seller, would be decisive evidence in court. Don`t need a contract? Consider this . . .
Other provisions that may be helpful are that potential buyers agree to be financially responsible for all transportation costs charged by the stable seller and the appropriate veterinary and Farrier fees during the testing phase. Consider any injuries that may occur to the potential buyer and/or the buyer`s trainer during riding. They may also include the language in which the seller is not responsible for the potential buyer`s violations, i.e. the release of liability. Consideration would be that the coach also carries out a liability authorization. Note, however, that a finding of negligence and liability may be subject to specific facts and circumstances and to the interpretation of case law in your jurisdiction. When buying a horse, whether it`s from an auction house, individual, or even on the Internet, check its hooves! If a pre-emption examination by a serious veterinarian and a waxer is ideal, it is not always feasible. What happens if the horse is stolen or has a monster accident and dies during the test? To protect yourself from death, theft and/or loss of use, you must consider as protection that the horse is insured and that the policy mentions the seller as a beneficiary. Another possibility is that the potential buyer will obtain and maintain insurance for mortality, greater medical treatment and loss of use for the total amount of the purchase before taking the horse to the sample and remaining in effect until the horse is paid in full and has received the full sales bill.