Any one have a contract covering exchanging horses?
   

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Any one have a contract covering exchanging horses?

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  • Horse swapping contract
  • Horse part-exchange equine law

 
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    11-28-2011, 10:59 AM
  #1
Trained
Any one have a contract covering exchanging horses?

There is a small possibility that I may be going to trade out one of my horses, this would be a straight swap I believe, theirs for mine.

I was wondering if anyone has done this and if you had a contract agreement?
     
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    11-28-2011, 02:53 PM
  #2
Weanling
Equine Legal Solutions has that sort of contract I believe, or at least something similar. Their simpler papers start at $10 I think.

If you're just trading horses period, no trial or buyback agreements, a bill of sale can be written up for each horse for the same or no purchase price.
     
    11-28-2011, 05:52 PM
  #3
Trained
Anyone else?
     
    11-29-2011, 12:49 PM
  #4
Foal
I'm not a lawyer so I can't give you legal advice, but this is what I would do if it was me in this situation:

Write down the full terms in a bill of sale type agreement. Be sure to put in there that any changes to the contract must be done in writing and signed off by both parties in front of an agreed upon witness. If you want a trade back clause, then that needs to be on the contract. The health and training level of each horse at the time of the trade needs to be fully disclosed. Have a picture of both horses in question on the contract and document any distinguishing marks. Both parties get a copy signed by the other person.

For extra security, one can get two witnesses to sign or get both copies notarized.
     
    11-29-2011, 06:52 PM
  #5
Yearling
Quote:
Originally Posted by 2BigReds    
If you're just trading horses period, no trial or buyback agreements, a bill of sale can be written up for each horse for the same or no purchase price.
I'm not a lawyer either but my friend is a law clerk and a bill of sale without a price is not valid. You need to state that you are trading one horse for the other.
     
    12-01-2011, 02:30 PM
  #6
Weanling
Quote:
Originally Posted by Golden Horse    
There is a small possibility that I may be going to trade out one of my horses, this would be a straight swap I believe, theirs for mine.

I was wondering if anyone has done this and if you had a contract agreement?
I'd write it up as a bill of sale and note that it's Horse A for Horse B. A dollar amount is not usually required if there was a clear barter/swap arrangement.

For any contract to be valid you need offer, acceptance, and consideration. "Consideration" means a promise for a promise; it may or may not be a promise to pay money. A time for performance is most highly recommended, but if one is not set then when a dispute arises a court will presume a "reasonable time."

As long as this is a clean swap you don't need a Philadelphia Lawyer to draft a contract. If buy backs, swap backs, guarantees, etc. are involved then you will need a lawyer to ensure that things are done correctly.

Put another way, following the KISS Principle is a Very Good Thing!!!

G.
     
    12-01-2011, 02:33 PM
  #7
mls
Trained
Quote:
Originally Posted by ponyboy    
I'm not a lawyer either but my friend is a law clerk and a bill of sale without a price is not valid. You need to state that you are trading one horse for the other.
With all of the "trading as is - no warranties expressed or implied".
     
    12-02-2011, 06:48 AM
  #8
Trained
It's honestly as simple as this:

Quote:
(your name) has hereby traded (horse's name) with (other person's name) for (other horse's name) on this day the __th of ________ 20__ as described below:

(horse A name)
Age
Height
Breed
Gender
Brands
Colour
Markings

(horse B name)
Age
Height
Breed
Gender
Brands
Colour
Markings

Both parties do hereby declare that they understand there are no warranties expressed or implied and that the horses were traded "as is". Both parties agree that this is considered a fair trade.

((remove if no swap-back provision))
Horses may be traded back within thirty days of this agreement being signed if one or other is felt to have been misrepresented.
((/remove))

X_______________(signature) \\ x_______________(signature)

Witness A: x_______________ \\ Witness B: x_________________
When I bought Monty the contract I signed was 5 pages, there was no contract for Satin, just a receipt, and my old pony's contract was something like 12 pages long!
     
    12-02-2011, 11:05 AM
  #9
Yearling
I just traded. He wanted the filly I had and I wanted my mare back that I had sold to him. He brought the mare over, loaded up the filly, we exchanged registration papers and shook on the deal. Never had a problem, no call backs, we both wanted the horse we got.

However, he lives within 20 minutes of me and I knew where the horse was going, plus the man wasn't a stranger.

With a stranger, and the way things are these days, I would most likely go with a contract.
     
    12-02-2011, 01:17 PM
  #10
Trained
It is worrying when it's a stranger indeed, and when we are talking what for me is a high dollar horse
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