Whose responsibility?
   

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Whose responsibility?

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  • Whose responsibility is a bill of sale

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    11-19-2012, 04:58 PM
  #1
Foal
Whose responsibility?

I'm not sure if this is the correct place to post this, but I couldn't find a forum that would be a good spot! My question is, when you buy a horse (or selling I guess), you kinda need proof that you bought the horse. Like a written piece stating you now own the horse. Whose responsibility is it to write up the document? Does the buyer need to have the seller sign a paper saying they are buying the horse and will then have all rights to it? Or does the seller have to have that written up? I'm looking at a horse I really want to buy, and I'm not sure if I'm going to need a lawyer to write something up that the old owner can't say "you stole my horse!" Or something like that. I don't want to go hours on end to buy the horse, and then have no proof I own it! So whose responsibility is it? What should be written up in the contract? Thank you!
     
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    11-19-2012, 04:59 PM
  #2
Yearling
Ive only ever wrote out one bill of sale, and the buyer asked for it. I would say the burdon of proof would be on the new owner, so they buyer.
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    11-19-2012, 05:05 PM
  #3
Started
When I purchased Jackson I used a bank draft that explained that it was for the sale of 'x horse', no other paper work was signed.
     
    11-19-2012, 05:21 PM
  #4
Showing
Generally, a seller writes up the Bill of Sale. There's usually a place for both seller and buyer to sign and date.

I'd never take on a horse without one, because the seller could get seller's remorse and try to come back later and claim they never sold the animal. Don't need that kind of hassle. I even have a Bill of Sale for JJ, even though he was actually free.

Bills of Sale should be the seller's responsibility, not the buyer's.
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    11-19-2012, 05:33 PM
  #5
Yearling
I always print up a Bill of Sale when I'm selling a horse,and request one when I'm buying. That way,there's proof.
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    11-19-2012, 05:45 PM
  #6
Banned
Also - now I might be wrong on this but here in Florida, the coggins test has been used to prove ownership. I don't have any direct experience with this, just a few folks stating that FL does use coggins to determine ownership. So I'd check it out. There was a thread on it around this forum too.

I know that I will have another pulled when our two horses hit our property just to be safe.
     
    11-19-2012, 05:54 PM
  #7
Yearling
I don't think it matters who writes up a bill of sale as long as the terms are spelled out like who bought what from who for how much on such and such date and all parties sign and date it.
     
    11-19-2012, 06:03 PM
  #8
Trained
When I sell a horse I give the buyer these items:

Bill of Sale
Copy of Registration papers
Current Coggins
Health Cert, if needed
Travelling papers (documentation of any vet care, vaccinations, deworming & farrier work)

I include the fee to do the transfer of ownership in the sales price, most of the time, and I have the buyer sign and put their info as new owner on the registration papers, I sign and then I enclose a copy of the bill of sale, a check for the transfer fee and the registration papers with instructions to mail the new registration paperwork to the buyer, and then I send it all off to whatever registry the horse is registered in.

Here's a copy of my bill of sale, with all my personal stuff out of it.

This agreement made this ________ day of _____________ 20_____, by and between ______________ hereafter referred to as “Seller” and ________________________________, hereafter referred to as “Buyer”.
The parties hereby acknowledge that this agreement is made for the purchase and sale of ______________________________(description of horse), known as __________________________ (horse name, registration number), foaled on _____________________.

A. Seller guarantees that he has full power to sell the animal; the title is clear and free from liens and is unencumbered: and further: he will defend the same against the claim or claims of all persons whomsoever.
B. Buyer agrees to purchase the animal as is and agrees that significant issues have been disclosed to their satisfaction.
__________________________________________________ __________________________ (Description of any and all conditions disclosed to Buyer by Seller or Seller’s Agent).
C. This bill of sale represents the entire agreement between the parties. No other agreements or promises, verbal or implied are included unless specifically stated in this written agreement.
D. This bill of sale is entered into in the State of Oklahoma, Payne County and shall be enforced and interpreted under the laws of this state & county.
E. In consideration of the payment arrangement outlined below Seller agrees to sell and Buyer agrees to buy said horse described above on the terms and conditions further set forth herein.
As consideration, Buyer agrees to:
1. Buyer agrees to pay a non-refundable deposit in the amount of $XX00.00 US Currency in cash to remove Horse from sales lists and to hold the Horse until _______________.
2. Buyer agrees to pay the balance of $ ____________ US Currency in cash on or before _________________ .
3. Buyer agrees to assume all veterinary and board costs accrued from _______________ by and for Horse described above.
4. Buyer agrees to assume all farrier costs accrued by said Horse from __________________.
5. Buyer understands and agrees that in the event that balance owed on Horse is not paid in full by ______________________, deposit is forfeit and full ownership remains with Seller and Buyer shall have no further entitlements to Horse.
6. Buyer understands and agrees that all bills accrued on behalf of Horse must be paid in full before said Horse may leave Dreamcatcher Arabian Horses LLC.
Seller agrees to promptly execute all necessary paperwork and to take all necessary steps to transfer ownership and registration of the animal to Buyer at no cost to the Buyer, upon payment in full of all monies owed by Buyer.



______________________________________________
Seller’s Signature & Date



_________________________________________________
Buyer’s Signature & Date
     
    11-19-2012, 06:11 PM
  #9
Foal
Dreamcatcher Arabians, thank you sooo much!! That was so helpful! Would you mind if I used that?
     
    11-19-2012, 06:44 PM
  #10
Trained
Quote:
Originally Posted by EquiiEquestrian    
Dreamcatcher Arabians, thank you sooo much!! That was so helpful! Would you mind if I used that?
Not at all, but change section D, where it says, Oklahoma, Payne County and line 6, where it says the bills all have to be paid before the horse can leave Dreamcatcher Arabians.

It's pretty generic and you could go to a lawyer to get one that's really specific and all uptight and legal for your state, but that one's done well for me.
     

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