Soundness Guarantee clause
Okay, so this may already be posted somewhere, but the quick search wasn't picking it up.
I am selling a horse. The prospective buyer has already been out to see her, they are coming back tomorrow to take her for a pre-purchase vet exam, and if all goes well, they will purchase her. However, the buyer still wants a 30-day soundness guarantee on her. The mare is not broke to ride, but to the best of my knowledge, she is perfectly sound, and we will be doing the vet exam at a vet of her choice, so if the horse passes, she should be in the clear for the 30 days, so I'm not all too concerned that the horse isn't sound. My worry is that she will just decide that she doesn't want the horse and want to return her. She could have a good friend as a vet that would be willing to find something, anything wrong to say she had a pre-existing condition, and return her. Right now, I've got 5 people interested in the mare, and I don't want to turn them all away and then have her back again, and possibly in worse condition (if the buyer were to mis-handle her, the mare can be finicky and sensitive, all of which I have told the buyer). I'd really rather not put the clause in there, but I had told her that I would, and I'm not sure if there is a smooth way to retract that. So I am just wanting a fool-proof clause in my bill of sale. She is an unbroke horse that they are only wanting for trail riding and I am only selling for $850.
This is my current clause:
Buyer may return Equine to seller within 30 days of sale if equine is found to be unsound for general riding purposes by a licensed veterinarian due to a pre-existing condition. In such case, Equine must be returned in same condition as sold. All veterinary and transportation costs are at Buyer’s expense. Seller has the right, at own expense, to get a second opinion.
Any ideas, suggestions, and opinions will be appreciated.
I would never have that, ever. What if they work her in very deep ground and she twists? What if the lameness is because of something they have done?
No... If they won't buy without then find another buyer. A PPE will be good enough for most people!
Nooooooope. That's what a PPE is for. If they want more, they can take rads of every joint she wants to.
I'd never sell with any guarantee. That's asking for trouble.
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It's generally down to the buyer to get a vet of their choosing to have a PPE done
There are dealers that will sell a horse on a trial basis that you can return (in the same condition as you bought it in) if its 'not what it says on the box' but they usually wont refund your money - you have to take it in the form of another horse
I would be really nervous of allowing a horse of mine to go out under the warranty you're supplying them with because anything could happen to it while they have it and they could return it to you saying it was a pre-existing condition
While its very nice to be trusting it might not be very wise in this case
Agreed with the others, never guarantee anything used or alive........ especially a Horse.
Nope. Sell the horse to one of the other 5 people who want her. They can do all the work they want at the PPE, but once she leaves your property, the deal is done. Not only to cover your behind, but what if she contracts strangles or anything else while they have her or cause an injury through poor training or overwork? Would you risk exposing your entire herd to whatever she might have after they take her where ever they plan to?
I would NOT even let them take her off property for the pre purchase. If they want a more in depth pre purchase than a vet can do at your facility, if I were you I would trailer her there personally and meet them. What if they go to lead and she freaks out, and falls underneath the trailer etc. I wouldn't guarantee her sound after the PPE either. Any number of accidents could happen.
once the PPE is done its take it or leave it.
I wouldn't do it. But, if you feel you must, I would say that the vet certifying the pre-existing to return must be a vet of YOUR choice. THat way they get the clause, and you have some insurance.
My view, similar to others, is the buyers make do with a PPE; further if the horse must travel to the vet you should do the honors to ensure proper trailering and handling. Given that she is untrained, I assume they would start training quite soon after they take possession and at that point it becomes risky as you do not know what the training process will be or what potential it has to cause a physical (or mental) injury to the horse.
If you do decide to allow PPE only and no further guarantee, let them know before they incur costs for the PPE as they may not wish to proceed further under those circumstances - understandable from their part and honourable from your part.
Hope she gets a good home.
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