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Horse Sale Stipulations

This is a discussion on Horse Sale Stipulations within the Horse Law forums, part of the Horse Resources category
  • What kind of stipulations can go into a horse contract
  • Selling horse with stipulations

 
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    07-21-2012, 08:22 PM
  #11
Yearling
Quote:
Originally Posted by Roperchick    
sorry to jack your thread but SR- are they allowed to make a stipulation saying the animal you buy has to stay on their property?

I've heard of first option buy back and all but I've never heard of someone being able to say that the horse has to stay on their property? What would you do if you moved?

Which is why I said that she should be good if its hers legally...


It would be like saying "oh yeah ill sell you my tractor but you have to keep it here and you can only use it on my property...."

I don't see the sense in it.
Well, the problem with taking that sale document to court will be the first question you get asked "Did you read, understand and sign the contract?" Hypothetically speaking, the old owner could argue it would be a breech of that sale agreement if the horse is moved and try and repo the horse. Could it be fought in court? Possibly the stipulation would be deemed unenforceablewhat if in future the new owner wanted to sell the horse to someone else who would then want the horse moved. Will it cost lots of money and time if it comes down to a legal fight? Most definitely.

I would advise that she not agree to that stipulation in the sales agreement. She buys the horse, period, no monkey business.

If the old owner balks, then move on and buy a horse that doesn't have any strings attached.
     
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    07-22-2012, 09:34 PM
  #12
Trained
I always put stipulations on my bills of sale. For my piece of mind. Legally there isn't anything I can do once the horse is sold, but I still do.
I guess the only thing I really say is that should the horse no longer be cared for or is in a state that the SPCA should or need to step in, I should be called and would take the horse back irregardless of condition, and that I would like to get the first right of refusal should they decide to sell - this way I can at least make sure that there's no auction pen waiting for them.

But that's mostly hopeful, really. Once the bill of sale is signed, they can do with them what they wish.
A car dealership can't sell you a car and then tell you have to park it in their parking lot until it's no longer drivable.
     
    07-30-2012, 08:43 AM
  #13
Weanling
I agree with the "no monkey business" comment. We can all guess whether or not a contract provision is enforceable. However, the existence of a contract provision that you knew about and agreed to almost certainly points to a legal battle with a judge deciding the outcome.

Even if you end up being allowed to move the horse, there will likely be a financial responsibility.

I may "sell" you a horse for $1.00, but intend on making up for that through boarding fees. In effect, the boarding stipulation becomes a payment plan.

If you want the ability to move the horse, don't have anything in the sale contract that infringes that ability. A good compromise may be to have a specified time for boarding your horse there - 2 years, 5 years, etc. Along with that you should also have a method of determining how much money is owed if you decide to move your horse early. Sort of like the "early termination fee" in a cell phone contract. This way, both you and the seller know exactly where you stand and there is no need for a court to decide who is right and how much is owed.
     
    07-30-2012, 10:59 AM
  #14
Green Broke
Yeh why even agree to something stupid like that to begin with, Sure she can write it in a contract, a seller can write anything they want in, that doesnt mean you agree to it, Pull out your red pen and start drawing lines through stupid crap like that and have them initialed before you sign. Seller doesnt like it go buy another. There are tons out there.
     

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