Looking at a horse on Sunday with possible 2 week trial to bring back to my house
As the title said, I am going to look at a horse on Sunday and if I like what I see, I am bringing her home for a 2 week trial at my house. This is what I have typed up already as far as an agreement for both of us to sign. Does anyone have any suggestions as to anything to add or take out.
"I, my name, am taking possession of Lucy owned by Owner's Name for a 2 week trial period at my house of my address, effective October 6, 2013 to October 13, 2013. I am putting a $750 deposit on said horse for the period of this trial. At the end of this two week period, either the horse will be returned to owner's name possession by my name and a refund of $550 will be given back to my name, or the balance of $750 will be given to Owner's Name for the remaining balance on the horse sale.
Pictures will be taken at the time of pickup to document the horse’s condition. If any harm or ailments that occur during this 2 week period that are not the result of a pre-existing condition, my name will pay all veterinarian cost for treatment. My Name will be responsible for the daily care of the horse during the 2 week trial period. If the horse dies during the 2 week trial due to negligence of my name, the remaining balance of $750 will be paid to Owner's Name for the loss of her horse."
The way I read this is that you're on the hook for vet bills that could easily exceed the cost of the horse, e.g. colic surgery.
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The other thing you have to be careful about is death due to negligence. The only way I can see negligence could be absolutely determined, unless you just flat out say you goofed, is with a necropsy; I am just thinking about what a possible small claims court judge would ask..."how has negligence been determined?".
Are you going to have the horse vetted, including x-rays, before bringing them into trial?
No vetting. I am going to add a statement about the cost of a necropsy being split between us.
I would not do that contract without a pre purchase exam. You could be setting yourself up
for a costly experience.
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