What Our Sale Agreements Include


            

Available 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 Sale Agreement

Purpose and Intended Use:

The Basics:

Protections for Seller:

  • Buyer assumes all risk of death or injury to self.
  • Buyer assumes all risk of injury to or death of horse upon signing agreement, whether or not buyer takes possession of horse immediately.
  • Disclaimer of all representations and warranties other than those specifically provided in agreement.
  • Statement that seller recommends buyer get a pre-purchase vet check.
  • Statement that seller recommends buyer obtain advice from a professional trainer before buying.

Seller's Representations:

  • Seller is sole lawful and registered owner of horse. Includes space to write in exceptions.
  • To best of seller's knowledge, horse is currently healthy and sound.  Includes space to write in exceptions.
  • To best of seller's knowledge, horse does not have any of a list of bad habits, such as bucking or rearing.  Includes space to write in exceptions.
  • Seller has provided buyer with horse’s vet records or buyer waives right to receive vet records.
  • Disclaimer of all other warranties, express or implied.

Registration and Transfer:

  • Upon receiving payment, seller will provide original registration papers and executed transfer form (if horse is registered).
  • Buyer will pay any registration transfer fees and is responsible for submitting transfer documents.

Equine Sale Agreement with Trial Period

Purpose and Intended Use:

The Basics:

  • Clauses in every Equine Legal Solutions contract.
  • Information identifying horse to be sold (breed, gender, age, registration number, microchip number, tattoos, etc.).
  • Provisions for deposit, including options for how it will be applied or refunded.
  • 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 Seller:

  • Buyer assumes all risk of injury to or loss of horse during trial.
  • Buyer agrees to indemnify seller if seller is sued as a result of actions during vet check (i.e., horse kicks buyer’s vet and buyer’s vet sues seller).
  • Buyer assumes all responsibility for horse's care and expenses during trial.
  • Buyer agrees to specific standard of care for horse during trial.
  • Buyer agrees to keep horse at specified facility during trial and not move horse without seller's permission.
  • Section for seller to specify what the buyer can and can't do with horse during trial, including who can ride horse, jumping limitations, bits and more.
  • Seller can check on horse during trial and end trial if horse is not being properly cared for.
  • Disclaimer of all representations and warranties other than those specifically provided in agreement.
  • Statement that seller recommends buyer get a pre-purchase vet check.
  • Statement that seller recommends buyer obtain advice from a professional trainer before buying.
  • Once trial is over, if buyer hasn’t notified seller, buyer has automatically agreed to purchase horse.

Seller's Representations:

  • Seller is sole lawful and registered owner of horse. Includes space to write in exceptions.
  • To the best of seller's knowledge, horse is currently healthy and sound.  Includes space to write in exceptions.
  • To the best of seller's knowledge, horse does not have any of a list of bad habits, such as bucking or rearing.  Includes space to write in exceptions.
  • Seller has provided buyer with horse’s vet records or buyer waives right to receive vet records.
  • Disclaimer of all other warranties, express or implied.

Registration and Transfer:

  • Upon receiving payment, seller will provide original registration papers and executed transfer form (if horse is registered). Optional provisions for delivery of horse’s passport.
  • Buyer will pay any registration transfer fees and is responsible for submitting transfer documents.

What Happens at End of Trial:

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

Equine Installment Sale Agreement

Purpose and Intended Use:

Included Documents:

  • Equine Installment Sale 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 each page.
  • The agreement comes with detailed instructions on how to fill out and understand each portion.

The Basics:

Payment Terms:

  • Horse purchase price amount and acceptable payment methods.
  • Provisions for deposit.
  • Payment schedule and due dates.
  • Penalties and interest for late payments.   If payment 30 days or more past due, entire balance becomes due and payable, and seller can repossess horse.
  • Fees for returned checks and other dishonored payment instruments.
  • Seller has lien on horse until paid in full.

Insurance

  • Options to specify who must obtain (and pay for) mortality, major medical and/or loss of use insurance on horse.

Risk of Loss

  • Immediately upon signing agreement, Buyer assumes risk of loss of or injury to horse (even if buyer doesn’t take possession of horse).
  • Buyer releases seller and seller’s employees, agents, etc. from liability associated with injury to buyer caused by horse in the future.
  • Buyer agrees to indemnify seller if seller is sued because of buyer or horse (after buyer purchases horse).
  • Seller’s maximum liability under sale contract limited to amount of purchase price actually received by seller.

Horse’s Ownership, Health, Soundness and Behavior:

  • Disclaimer of all warranties except those specifically stated in contract (if any).
  • Horse’s soundness and health:  Seller has choice of making no representations at all, or making limited representations.
  • Horse’s behavior:  Seller has choice of making no representations at all, or making limited representation.
  • Vet records: Seller has choice of providing all vet records, some vet records, or no vet records. 
  • Ownership: Seller represents they are the sole lawful owner of horse. Includes space to write in exceptions.

Horse’s Care and Expenses during Payment Period:

  • Buyer is responsible for paying all of horse’s expenses while buyer is making payments.
  • Seller can specify where horse must be kept or boarded.
  • Seller can specify if horse is required to be kept in training with a particular trainer
  • Seller can specify who is allowed to ride the horse.
  • Seller can restrict jumping and certain other activities.
  • Seller can require certain tack and equipment to be used.
  • Seller can require that horse receive certain supplements and/or medication.
  • Seller can specify farrier and type of farrier care.
  • Seller can specify vet.
  • Seller can allow horse to be shown (or not).
  • Seller can allow horse to be bred (or not).

Pregnancy and Post-Sale Foals:

  • If horse is a mare, seller has options of making no representations about pregnancy status, or some representations.  Includes section about last breeding date, stallion exposure, etc.
  • Optional live foal guarantee. 
  • Seller can retain ownership of foal.  Includes provisions for foal’s expenses, etc.

Registration and Transfer:

  • Can indicate whether horse is sold as registered or unregistered.
  • Seller can retain papers until paid in full, or transfer horse to buyer immediately (with provisions for transfer back to seller if buyer defaults).

Repossession:

  • Seller can repossess horse if buyer is 30 or more days late in making payments.
  • Detailed provisions for buyer’s responsibilities to seller if horse repossessed.

Right of First Refusal:

  • Seller can specify that seller has a right of first refusal if buyer later sells horse.

Equine Sale Agreement Subject to Vet Check  

Purpose and Intended Use:

 

The Basics:

  • Clauses in every Equine Legal Solutions contract.
  • Information identifying horse to be sold (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 Seller:

  • Buyer assumes all risk of injury to or loss of horse when buyer notifies seller that buyer wishes to complete the purchase.
  • Seller can continue to advertise horse for sale and show horse to prospective purchasers during vet check period.
  • If seller receives offer from another buyer during vet check period, the vet check buyer will have 24 hours to match terms of that offer. If vet check buyer does not match the offer, seller can sell the horse to other buyer.
  • If buyer decides not to buy horse, buyer must release vet check records to seller.
  • Disclaimer of all representations and warranties other than those specifically provided in agreement.
  • Statement that seller recommends buyer obtain advice from a professional trainer before buying.

What Happens at End of Vet Check Period:

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

Seller's Representations:

  • Seller is sole lawful and registered owner of horse. Includes space to write in exceptions.
  • To the best of seller's knowledge, horse is currently healthy and sound.  Includes space to write in exceptions.
  • To the best of seller's knowledge, horse does not have any of a list of bad habits, such as bucking or rearing.  Includes space to write in exceptions.
  • Seller has provided buyer with horse’s vet records or buyer waives right to receive vet records.
  • Disclaimer of all other warranties, express or implied.

Registration and Transfer:

  • Upon receiving payment, seller will provide original registration papers and executed transfer form (if horse is registered).
  • Buyer will pay any registration transfer fees and is responsible for submitting transfer documents.

Equine Consignment Sale Agreement

Purpose and Intended Use:

  • Equine contract designed for situations where the horse owner consigns their horse to a sales agent, such as a trainer or instructor, for sale.
  • Designed to protect both the horse owner and the sales agent.

The Basics:

  • Clauses in every Equine Legal Solutions contract.
  • Information identifying horse to be sold (breed, gender, age, registration number, etc.).
  • Can specify a fixed time period or an open-ended period for the consignment.
  • Horse stays in custody of sales agent during consignment period.
  • Sales agent fits horse for sale, including training, grooming and conditioning.

Expenses:

  • Can specify whether owner pays for the following expenses or whether they are included in the sales agent’s commission:
    • Board
    • Training
    • Lessons and coaching
    • Vet and farrier expenses
    • Show and other competition expenses
    • Advertising and marketing
    • Photography and videography
  • Owner pays for all other expenses.
  • Can specify when owner pays expenses (monthly or when horse sells)
  • Owner can be required to pay vets and farriers directly

Commission:

  • Can specify any or all of: percentage of sale price, flat fee or amount by which sale price exceeds asking price.

Initial Evaluation Period:

  • Specified time period that sales agent has to evaluate horse upon arrival.
  • At end of evaluation period, sales agent can terminate if horse is not saleable or if owner and sales agent can’t agree on asking price.

Marketing of Horse:

  • Owner and sales agent agree upon an asking price, which can be changed if the parties agree.
  • Owner and sales agent agree in writing on advertising and marketing plan, including who pays for advertising and marketing.
  • Sales agent handles all inquiries about horse.
  • Sales agent shows horse to all prospective purchasers.

Receipt of Offers to Buy Horse:

  • Sales agent can accept any unconditional offer to purchase horse at or above asking price.
  • Sales agent must communicate all other offers to horse owner, and horse owner and sales agent must agree to accept, decline or present a counteroffer.  If sales agent and owner can’t agree, offer must be declined.

Execution of Sale :

  • Owner and purchaser enter into sale contract directly.
  • Owner provides sales agent with horse’s papers, passport, transfer, etc.
  • Sales agent must deliver purchase price to owner within 2 business days after receipt.

Protections for Horse Owner:

  • Sales agent liable for injury or death of horse due to sales agent’s negligence or willful misconduct.
  • Sales agent agrees to keep horse at specified facility and cannot move horse without owner’s permission.
  • Sales agent agrees to provide specific standard of care for horse during consignment period.
  • If sales agent terminates agreement, sales agent forfeits commission.
  • Sales agent assumes risk or injury or death to self.
  • Owner enters into sale contract directly with purchaser.
  • Owner and sales agent agree upon asking price for horse and sales agent can’t change it without owner’s express permission.

Protections for Sales Agent:

  • Unless sales agent is negligent or engages in willful misconduct, owner retains all risk of loss of or injury to horse.
  • Except for normal wear and tear, horse owner agrees to pay for any damage that horse may cause to sales agent’s property.
  • Owner will indemnify sales agent if sales agent is sued as a result of consignment or sale or horse.
  • Sales agent has exclusive right to sell horse during consignment period.
  • Owner enters into sale contract directly with purchaser.
  • Sales agent not responsible for any commissions to any third parties.
  • Owner must route all inquiries about horse to sales agent.
  • Upon termination, horse owner must pick up horse within 7 days.
  • Owner must pay all fees due to sales agent before removing horse.
  • Sales agent has lien on horse for unpaid fees and can prevent horse from leaving property until paid in full.
  • Can specify that sales agent receives a specified dollar amount if horse owner terminates agreement during the initial evaluation period.
  • If owner terminates agreement after evaluation period, owner must pay sales agent commission, even if horse unsold.

Owner's Representations:

  • Owner is sole lawful and registered owner of horse. Includes space to write in exceptions.
  • To the best of owner's knowledge, horse is currently healthy and sound.  Includes space to write in exceptions.
  • To the best of owner's knowledge, horse does not have any of a list of bad habits, such as bucking or rearing.  Includes space to write in exceptions.

Shows and Other Competitions:

  • Horse owner and sales agent agree in advance in writing regarding which shows horse will attend and in which events/divisions horse will compete.
  • Horse owner responsible for all show expenses.
  • Horse owner entitled to all winnings unless otherwise agreed in writing.

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.

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.

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 personal injury or death 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 warranties, express or implied, other than those specifically stated in agreement.

Registration and Transfer:

  • If horse is registered, horse owner will provide original registration papers and necessary paperwork for transfer to recipient. Recipient is responsible for submitting transfer and paying transfer fee.

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.

Equine Sales Agent Commission Agreement

Purpose and Intended Use:

  • Horse sale commission contract designed for situations where a trainer or other agent helps a horse owner sell their horse in exchange for a commission.
  • Designed to protect both the horse owner and the sales agent.
  • For consigning a horse to a trainer or sales agent, see our Equine Consignment Sale Agreement.

Included Documents:

  • Equine Sales Agent Commission 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 each page.
  • The agreement comes with detailed instructions on how to fill out and understand each portion.

The Basics:

  • Clauses in every Equine Legal Solutions contract.
  • Information identifying horse to be sold (breed, gender, age, registration number, etc.).
  • Can specify a fixed time period or an open-ended period for the agency.
  • Can specify where horse will stay during agency period, and who will have responsibility for horse’s care and training.

Horse’s Expenses:

  • Can specify who pays for the following expenses (or that they will come out of the sale proceeds):
    • Board
    • Training
    • Vet and farrier expenses
    • Supplements, chiropractic treatments, massage and other horse care expenses.
    • Show and other competition expenses
    • Advertising and marketing
    • Photography and videography
  • Can specify when expenses must be paid, including provisions for late fees and interest on past due balances.

Commission:

  • Numerous and detailed options for calculating the horse trainer’s or sales agent’s commission on the horse sale, including percentage of sale price, net sale proceeds after expenses, and other alternatives.

Initial Evaluation Period:

  • Optional specified time period that horse trainer or sales agent has to evaluate horse and decide whether to represent it for sale.
  • At end of evaluation period, horse trainer or sales agent can terminate if horse is not saleable or if parties can’t agree on asking price.

Marketing of Horse:

  • Owner and horse trainer or sales agent agree upon asking price for horse, which can be changed if the parties agree.
  • Owner and horse trainer or sales agent agree in writing on advertising and marketing plan, including who pays for advertising and marketing.
  • Can specify who handles inquiries about horse, and who shows horse to prospective purchasers.
  • Can specify whether horse trainer or sales agent will have exclusive right to sell horse, or whether horse owner may use other agents.

Receipt of Offers to Buy Horse:

  • Can specify who will receive offers to purchase the horse, and how different types of offers will be handled.

Execution of Sale :

  • Can specify who will provide the sale contract, and who will be named as the seller in the sale contract.
  • Can specify who will receive the purchase price from the buyer and how the horse trainer or sale agent and the horse owner will be paid.

Protections for Horse Owner:

  • Horse trainer or sales agent liable for injury or death of horse due to their negligence or willful misconduct.
  • Can specify that if horse trainer or sales agent terminates agreement, they forfeit commission on horse sale.
  • Horse trainer or sales agent assumes risk or injury or death to self, employees, contractors, etc.
  • Can specify that horse owner will enter into sale contract directly with purchaser.
  • Owner and horse trainer or sales agent agree upon asking price for horse and it can’t be changed without all parties’ agreement.
  • Can specify that horse owner not responsible for any commissions to any third parties.
  • Space for horse owner to disclose physical and/or behavioral problems to the horse trainer or sales agent.
  • Can specify that the horse trainer or sales agent will rely solely upon his or her own knowledge of the horse’s condition and behavior in representing the horse to buyers.
  • Can specify whether horse trainer or sales agent will entitled to a commission if the agreement is terminated, including various options dependent upon who terminates the agreement and whether horse sells within a certain period of time after agreement is terminated.

Protections for Horse Trainer or Sales Agent:

  • Horse owner represents in writing that they are the sole lawful and registered owner of horse and have the power to sell it. Includes space to write in exceptions.
  • Unless horse trainer or sales agent is negligent or engages in willful misconduct, owner retains all risk of loss of or injury to horse.
  • Except for normal wear and tear, horse owner agrees to pay for any damage that horse may cause to horse trainer’s or sales agent’s property.
  • Owner will indemnify horse trainer or sales agent if they are sued as a result of consignment or sale or horse.
  • Can specify that horse trainer or sales agent has exclusive right to sell horse during the term of the agreement.
  • Can specify that horse owner will enter into sale contract directly with horse buyer.
  • Can specify that horse trainer or sales agent not responsible for any commissions to any third parties.
  • Can specify that owner must route all inquiries from prospective buyers to horse trainer or sales agent.
  • Owner must pay all fees due to horse trainer or sales agent before removing horse from the property.
  • Horse trainer or sales agent has lien on horse for unpaid fees and can prevent horse from leaving property until paid in full.
  • Can specify whether horse trainer or sales agent will entitled to a commission if the agreement is terminated, including various options dependent upon who terminates the agreement and whether horse sells within a certain period of time after agreement is terminated.
  • Can require horse owner to state in writing that to the best of their knowledge, horse is currently healthy and sound.  Includes space to write in exceptions.
  • Can require horse owner to state in writing that to the best of their knowledge, horse does not have any of a list of bad habits, such as bucking or rearing.  Includes space to write in exceptions.

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