What Our Purchase Agreements Include


            

Available Equine Forms:

Document Format:

  • Each agreement is a PDF.
  • Each document comes with detailed instructions on how to fill out and understand each portion of the agreement.

Simple Equine Purchase Agreement

Purpose and Intended Use:

Included Documents:

  • Simple Equine Purchase Agreement form and detailed instructions.

Document Format:

  • The agreement is a fillable, savable PDF that has space to put in a business name at the top of the first page.

  • The agreement comes with detailed instructions on how to fill out and understand each section.

The Basics:

  • Clauses in every Equine Legal Solutions contract.

  • Information identifying horse to be purchased (breed, gender, age, registration number, etc.).

  • Purchase price amount and acceptable payment methods.

  • If horse is registered, seller will deliver original registration papers, provide executed transfer form and pay transfer fees.

Horse’s Health and Soundness:

  • Seller represents that horse is currently healthy and sound and has no history of health or soundness issues.  Includes space for seller to write in exceptions.

  • Seller informs buyer whether horse has been tested for any genetic conditions, such as HYPP, and if so, what the results of such testing were.

  • Seller provides buyer with contact information for veterinarian(s) who have treated horse during the time seller has owned horse, and seller agrees to release all veterinary records to the buyer.

  • Seller represents that horse is not currently receiving any supplements or medications, and that horse hasn’t received any supplements or medications in the last 30 days. Includes space for seller to write in exceptions.

  • Seller provides buyer with contact information for any chiropractors, acupuncturists or other horse professionals who have treated horse or performed work on horse during the time that seller has owned horse.

  • Seller represents that horse has never had any surgical or other physical alterations. Includes space for seller to write in exceptions (such as gelding).

  • Seller represents that no one other than the buyer has performed a pre-purchase veterinary examination on the horse. Includes space for seller to write in exceptions.

Horse’s Training and Behavioral History:

  • Seller provides buyer with horse’s training history, including contact information for trainer(s).

  • Seller represents that horse does not currently have any bad habits, and has no history of any bad habits, such as bucking or rearing.  Includes space for seller to write in exceptions.

  • Buyer fills in what buyer plans to do with horse, and seller represents that seller knows of no reason why horse wouldn’t be suitable for buyer’s intended uses.

Horse’s Ownership and Registration:

  • Seller represents that seller is sole lawful and registered owner of horse and that horse is not subject to any claims or liens.

Deposit, Purchase Price and Sale Commissions:

  • Can indicate whether a deposit is required, and if so, the amount and how the deposit will be applied.

  • Buyer and seller specify the total purchase price amount.

  • Seller can specify acceptable forms of payment.

  • Can indicate whether any commissions are to be paid on the purchase, and if so, the amount(s), to whom they will be paid, and who will be responsible for paying them.

Risk of Loss:

  • Seller retains the risk of loss until the buyer takes possession of the horse.

Optional Right of First Refusal:

  • Can specify whether the seller has a right of first refusal if buyer later sells or gives away horse, and if so, what terms will apply to the right of first refusal.

Pregnancy and Post-Purchase Foals:

  • Applicable only if horse being purchased is a mare.

  • Seller represents that horse is breeding sound and has no history of breeding problems, foaling problems or abortions. Includes space for seller to write in exceptions.

  • Seller represents whether the mare has been bred or not, and if so, what her last breeding date was and whether she has been checked in foal.

  • Seller agrees to deliver the mare’s breeding records to the buyer.

  • If the mare is in foal, seller indicates whether a live foal guarantee applies, and if so, whether the seller or a third-party stallion owner is responsible for fulfilling it.

  • If the mare is in foal, buyer and seller can specify who owns the foal after it is born, and who pays for its expenses.

  • If the seller represents that the mare is not in foal, and the mare turns out to be in foal after all, buyer and seller can specify who owns the foal after it is born, and who pays for its expenses.

  • If the mare is sold in foal, buyer and seller can specify whether the foal is eligible for registration, and if so, who is responsible for registering it.

  • If the mare is sold in foal, seller can specify whether the foal will be eligible for any futurities and incentive programs.

Stallions:

  • Applicable only if the horse being purchased is a stallion.

  • Seller represents that the stallion is breeding sound and that both testicles have descended. Includes space for the seller to write in exceptions.

  • Seller informs the buyer whether the stallion has been used for breeding, and if so, via what breeding methods.

  • Seller agrees to provide the buyer with all of the stallion’s breeding records.

  • Seller indicates whether there are any outstanding live foal guarantees, and if so, who is responsible for fulfilling them after the purchase.

  • Seller can specify whether the stallion and his get are eligible for any futurities and incentive programs.

Equine Purchase Agreement with Trial Period

Purpose and Intended Use:

The Basics:

  • Clauses in every Equine Legal Solutions contract.
  • Information identifying horse to be purchased (breed, gender, age, registration number, etc.).
  • Purchase price amount and acceptable payment methods.
  • Specified beginning and ending dates of trial period.

Protections for Buyer:

  • Buyer can have vet check performed during trial period.
  • Buyer can reject horse during trial period for any reason or no reason.
  • Seller represents that horse is healthy and sound and has no history of health or soundness issues.  Includes space to write in exceptions.
  • Seller represents that horse has no history of any of a list of bad habits, such as bucking or rearing.  Includes space  to write in exceptions.
  • Buyer writes in what buyer plans to do with horse, and seller represents that seller knows of no reason why horse wouldn’t be suitable for buyer’s intended uses.
  • Seller represents that seller is sole lawful and registered owner of horse.  Includes space to write in exceptions.
  • Seller represents that seller has provided all vet records for horse to buyer.
  • Seller authorizes vets to release records to buyer.
  • Seller retains risk of loss of or injury to horse until buyer takes possession of horse.

Registration and Transfer:

  • If horse is registered, seller will deliver original registration papers, provide executed transfer form and pay transfer fees.

What Happens at End of Trial:

  • If buyer wants to buy horse.
  • If buyer doesn't want to buy horse.

Equine Installment Purchase Agreement

Purpose and Intended Use:

The Basics:

  • Clauses in every Equine Legal Solutions contract.
  • Information identifying horse to be purchased (breed, gender, age, registration number, etc.).
  • If horse is registered, seller will deliver original registration papers, provide executed transfer form and pay transfer fees.

Payment Terms:

  • Purchase price amount and acceptable payment methods.
  • Payment schedule and due dates.

Protections for Buyer:

  • Seller represents that horse is healthy and sound and has no history of health or soundness issues.  Includes space to write in exceptions.
  • Seller represents that horse has no history of any of a list of bad habits, such as bucking or rearing.  Includes space to write in exceptions.
  • Buyer writes in what buyer plans to do with horse, and seller represents that seller knows of no reason why horse wouldn’t be suitable for buyer’s intended uses.
  • Seller represents that seller is sole lawful and registered owner of horse.  Includes space to write in exceptions.
  • Seller represents that seller has provided all vet records for horse to buyer.
  • Seller authorizes vets to release records to buyer.
  • Seller retains risk of loss of or injury to horse until buyer takes possession of horse.

Equine Purchase Agreement Subject to Vet Check

Purpose and Intended Use:

The Basics:

  • Clauses in every Equine Legal Solutions contract. 
  • Information identifying horse to be purchased (breed, gender, age, registration number, etc.).
  • Purchase price amount and acceptable payment methods.
  • Specified period of time during which vet checks must be conducted.
  • Buyer responsible for scheduling and paying for all vet checks, regardless of outcome.

Protections for Buyer:

  • Buyer can reject horse based upon any reason arising from vet check.
  • Seller represents that horse is healthy and sound and has no history of health or soundness issues.  Includes space to write in exceptions.
  • Seller represents that horse has no history of any of a list of bad habits, such as bucking or rearing.  Includes space  to write in exceptions.
  • Buyer writes in what buyer plans to do with horse, and seller represents that seller knows of no reason why horse wouldn’t be suitable for buyer’s intended uses.
  • Seller represents that seller is sole lawful and registered owner of horse.  Includes space to write in exceptions.
  • Seller represents that seller has provided all vet records for horse to buyer.
  • Seller authorizes vets to release records to buyer.
  • Seller retains risk of loss of or injury to horse until buyer takes possession of horse.

What Happens at End of Vet Check Period:

  • If buyer wants to buy horse.
  • If buyer doesn't want to buy horse.

Equine Trade Agreement

Purpose and Intended Use:

  • Equine contract designed for trading a horse for another horse, tack, equipment, or a combination of items.
  • Designed to protect both parties.
  • Not designed for purchases or sales for cash (except where the trade is for a horse or equipment AND cash).  See Equine Sale Agreements and Equine Purchase Agreements.

The Basics:

  • Information identifying horse(s) to be traded (breed, gender, age, registration number, etc.).
  • Any additional consideration for trade, such as cash, tack or trailers.
  • If horse is registered, horse owner will provide original registration papers and necessary paperwork for transfer to recipient.

Protections for Each Party:

  • Upon signing agreement, each horse owner assumes risk of loss of or injury to horse they are receiving.
  • Each horse owner assumes risk of death or injury to self in connection with horse they are receiving.
  • Each horse owner represents that they are sole lawful and registered owner of horse they are trading.  Includes space to write in exceptions.
  • Options for vet records: (a) horse owner provides recipient with horse's vet records, (b) horse owner authorizes vets to release records to recipient, or (c) recipient waives right to receive vet records.
  • Each horse owner represents that to their actual knowledge, horse they are trading is currently healthy and sound.  Includes space to write in exceptions.
  • Each horse owner represents that to their actual knowledge, horse they are trading currently has no bad habits, such as bucking or rearing.  Includes space to write in exceptions.
  • Each horse owner disclaims all other warranties, express or implied.

Equine Embryo Sale and Purchase Agreement

Purpose and Intended Use:

  • Equine contract designed for sale or purchase of an equine embryo.
  • Designed to protect both the seller and the purchaser.

The Basics:

  • Clauses in every Equine Legal Solutions contract.   
  • Information identifying donor mare for embryo (owner, breed, gender, age, registration number, etc.).
  • Information identifying sire of embryo (owner, breed, gender, age, registration number, etc.).
  • Information identifying recipient mare (owner, breed, gender, age, registration number, etc.).
  • Status of embryo (whether donor mare has been bred, and if so, whether embryo has been transferred to recipient mare)

Payment Terms:

  • Parties can choose options for lump sum payment or installment payments.
  • Provisions for late fees, interest and bounced checks.

Insurance:

  • Parties specify who is responsible for obtaining and paying for insurance on donor mare, recipient mare and embryo.

Recipient Mare:

  • Parties specify who is responsible for providing (or obtaining) recipient mare and, if applicable, entering into a lease contract for the recipient mare.
  • Parties specify who is responsible for care and expenses for recipient mare.

Embryo Transfer:

  • Parties specify who is responsible for embryo transfer (if applicable), including costs.

Live Foal Guarantee:

  • Seller specifies whether live foal guarantee is offered, and if so, what the terms are.

Protections for Seller:

  • Seller has lien on embryo (and resulting foal) for payment under the contract.
  • Other than as specified in the live foal guarantee (if any), buyer assumes all risk of loss of the embryo.
  • Other than as specified in the agreement, seller not responsible for any commissions to any third parties.
  • Disclaimer that seller not responsible for stallion owner’s failure to honor breeding contract.
  • Provision that if buyer chooses not to get prepurchase veterinary examination on donor mare, buyer assumes all risk that donor mare may not produce viable embryo.
  • Disclaimer of all representations and warranties not otherwise specified in agreement.

Protections for Buyer:

  • Seller represents and warrants that seller is sole owner of embryo and has unrestricted rights to sell.
  • Parties can specify live foal guarantee.
  • Buyer has opportunity to perform pre-purchase veterinary examination on donor mare.
  • Other than as specified in the agreement, buyer not responsible for any commissions to any third parties.

 

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