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I’m
writing an ad for my horse. Is it ok to
emphasize his good points and not mention his
shortcomings?
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In
a word, yes. For example, it’s perfectly
appropriate to talk about your Palomino’s
winning western pleasure record without
mentioning in the ad that he’s a holy terror
on the ground. However, your ad must be truthful
(i.e., you can’t say he’s 16 hands if you
know he’s really only 15.3 with shoes on), and
there may be other situations in which you must
bring up your horse’s bad manners. See Your
Legal Duties as a Seller.
If
your horse has any bad habits, health issues or
other problems that affect his value, ELS
recommends documenting those issues in the sale
contract.
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What
if a buyer asks me about one of my horse’s
shortcomings. How much information do I have to
give them?
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If
the buyer asks, you must disclose all that you
know about that particular topic. For example,
if the buyer asks you how your horse is to clip,
and your horse stands quietly, but only if you
twitch him first, you must tell the buyer the
whole truth. See Your
Legal Duties as a Seller. If
your horse has any bad habits, health issues or
other problems that affect his value, ELS
recommends documenting those issues in the sale
contract.
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What
if a buyer wants my horse, but wants to have
their vet check him first. Do I have to agree?
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As
the seller, you can dictate how you sell your
horse, and if you’d rather sell your horse
“as is,” that’s your choice to make.
Remember, though, that the horse community is
small, and if you refuse to consent to a vet
check, rumors may crop up that something wrong
with your horse. On the other hand, if the vet
check turns up a condition that you were
previously unaware of, you may be required to
disclose that condition to other buyers under
certain circumstances. See Your
Legal Duties as a Seller. ELS recommends that you document
your sale agreement subject to vet check in
writing, and we offer downloadable
forms.
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How
long should I allow the buyer for a vet check?
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As
long as you feel is appropriate. If you have
several buyers interested in your horse and your
agreement with the buyer will not permit you to
keep the buyer’s deposit if your horse
doesn’t pass a vet check, you may want to give
the buyer only a few days to schedule the vet
check. If it’s the middle of winter and you
haven’t had anyone else seriously interested
in your horse, perhaps you can allow a week or
two for the buyer to get her vet’s ok.
Whatever you decide, remember to put your
agreement with the buyer in writing. ELS offers
downloadable sale agreements.
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A
buyer wants to buy my horse, but wants to try
him out for a while first. What should I do to
protect myself and my horse?
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If
at all possible, make sure that the horse stays
on your property and that you supervise the
buyer’s interactions with your horse. Limit
the trial period to a reasonable, fixed amount
of time. Most knowledgeable, motivated buyers
will know within a week whether a horse is right
for them. Get a deposit and put the entire sale
agreement in writing, including the
circumstances where you will get to keep the
deposit and who will be responsible if anyone is
injured during the trial period.
ELS offers downloadable prepurchase trial
agreements.
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The
buyer will be sending a friend with a
trailer over to pick up the horse. Is
there anything that I should do to protect
myself?
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Yes,
make sure you get a receipt from the person
picking up the horse, and if the buyer will not
be present, make sure you know exactly who will
be picking up the horse and when.
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The
buyer is my friend, so I feel uncomfortable
asking her to sign a bunch of papers. What
should I do?
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Part
of the purpose of legal documents is to avoid
misunderstandings. You can explain to your
friend that because her friendship is important
to you, you want to be especially careful that
the sale goes smoothly and that you are both in
complete agreement on the terms.
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The
buyer doesn’t have enough cash to buy my horse
and wants to pay me in installments. Should I
agree to this?
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See
Installment
Sales.
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I’m
considering having my trainer sell my horse.
What should I do to protect myself and my horse?
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Like
any other business transaction, you should have
a written agreement with your trainer that
spells out all of the terms and conditions of
the sale. For example, what will happen if the
horse doesn’t sell within a certain period of
time? Who will pay the horse’s board while he
is at the trainer’s? What will the trainer
receive if he sells your horse? How much
discretion do you want to give your trainer in
selling your horse? (i.e., do you want to retain
the right to approve the buyer or negotiate the
purchase price?) The answers to these and other
questions should be documented in a sale
agreement.
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Additional Information:
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