Pre-Purchase Trial Contract Help - The Horse Forum
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post #1 of 21 Old 05-22-2019, 06:14 PM Thread Starter
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Pre-Purchase Trial Contract Help

I had someone come out to try my pony for their lesson program and they want to do a trial to make sure it works out and he fits in their program. I want to make a contract up for the terms of this trial/purchase but beings as I have never let a horse go on trial before I'm a bit stumped.

Does anyone have an example of theirs that they wouldn't mind sharing with me?

I'm only asking $1,500 for the pony and they haven't contested. What is an appropriate amount to ask for? Some that I see online say 10% or 50% during the trial period and the rest when they decide to buy. Others say they pay the full amount. I'm not sure which I should do, if they like him they are a few hours away so full amount might be easier? Should I allow a two week trial or a 30 day trial? I feel like 30 days would give him more time to settle into their routine and they can see who he really is but he's so chill he'll probably settle in in a day or so.

I know I need loss of use, death, should he be injured under their care they pay, but I'm drawing a huge blank on everything else.

Thank you in advance for any help.

~ Hope is never light years away ~
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post #2 of 21 Old 05-22-2019, 07:02 PM
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IMO for $1500 they could either buy or walk, no trials.

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post #3 of 21 Old 05-22-2019, 07:09 PM Thread Starter
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Really? I don't have a ton of experience buying and selling horses and I myself have never done a trial so I didn't know that it was unusual?

Should I express that to the potential buyer? How would I express it without sounding so "it's all or nothing." They really loved him and his personality. They rode and woke with him for a good 45 minutes and still really enjoyed him. I don't see how he wouldn't do well with them.
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post #4 of 21 Old 05-22-2019, 10:55 PM
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Originally Posted by Phantomcolt18 View Post
Really? I don't have a ton of experience buying and selling horses and I myself have never done a trial so I didn't know that it was unusual?

Should I express that to the potential buyer? How would I express it without sounding so "it's all or nothing."

They really loved him and his personality. They rode and woke with him for a good 45 minutes and still really enjoyed him. I don't see how he wouldn't do well with them.
Exactly ^^^^^. A $1500 horse is a very inexpensive horse. If I were looking to buy him, I wouldn't even do a pre-purchase exam on a horse that was in his price range, you'd soon be in the position of spending more on the PPE than on the horse. If they are any kind of trainers at all, they know right now if that horse will work or not. They want to trial him so he can do something wrong and they can say, ""MMMMMM I don't know, it's kind of a risk. Would you take $900?" or undercut you somehow. What if the horse gets injured in their care? They'll say, "Oh well, he is lame, we can't use him." and bring him back.

It's up to you how directly you want to word it. I tend to be real direct. I would say to them, "Sorry, I will not allow any horse to leave my possession for a trial, especially not one who already fits your criteria so well and is priced so low.". That's fairly nicely telling them to put up or shut up. If they know their business, they know they can sell that horse, and to whom, for at least $3K. Which I would not begrudge them, they're in the business to make money, but they don't need to take money from you to do it.

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post #5 of 21 Old 05-23-2019, 01:17 AM
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I agree, no trial. Never have and never will!

What you can say is that if it doesn't work out you will take the pony back if it is in the same condition it was in when they took it and return their money less a hire fee.
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post #6 of 21 Old 05-23-2019, 07:42 AM
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Foxhunter’s statement in on the money. Back when I was selling horses it was full payment upfront before they take the horse. I offer a full refund if the horse was brought back in the same condition & sound within 2 weeks of sale date.

Best of luck
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post #7 of 21 Old 05-23-2019, 11:28 AM
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I find those conditions tend to be more for the horses over $25,000. And even then it's rare. For a $1500 horse, it's pretty much 'as is, where is' and they can resell it if it turns out to not be a fit.

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post #8 of 21 Old 05-23-2019, 07:30 PM Thread Starter
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Thank you guys! I am calling the potential buyer after work tonight and I'll discuss my concerns with her. I'll let you know what happens.

My plan, as of now, is to say I will take the full amount and if it doesn't work out in two weeks he can be returned for a full refund as long as he is still sound and healthy.

Should I take photos and videos of all sides of him the day he leaves with the potential buyer present as proof he was sound and sane the day he left my property?
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post #9 of 21 Old 05-23-2019, 07:44 PM
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Should I take photos and videos of all sides of him the day he leaves with the potential buyer present as proof he was sound and sane the day he left my property?
Absolutely and have a statement that accompanies it. "Photos taken by Your Name, and the date they're taken. Then have you and the buyer sign, that the horse is sold as is, where is, no guarantees, but that as far as you and the buyer know the horse is healthy and sound as of DATE. Then spell out that you will take the $1500 (cash) and hold it until XX Date. If the horse does not work for the buyer as of that date, the horse can be returned in the same healthy, sound condition as when picked up and you will refund the money less $500 for withdrawing the horse from the market and possible loss of other sales opportunities. If they don't agree, no deal. As far as I'm concerned the whole thing smells and I wouldn't go for it.

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post #10 of 21 Old 05-23-2019, 08:16 PM Thread Starter
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Originally Posted by Dreamcatcher Arabians View Post
Absolutely and have a statement that accompanies it. "Photos taken by Your Name, and the date they're taken. Then have you and the buyer sign, that the horse is sold as is, where is, no guarantees, but that as far as you and the buyer know the horse is healthy and sound as of DATE. Then spell out that you will take the $1500 (cash) and hold it until XX Date. If the horse does not work for the buyer as of that date, the horse can be returned in the same healthy, sound condition as when picked up and you will refund the money less $500 for withdrawing the horse from the market and possible loss of other sales opportunities. If they don't agree, no deal. As far as I'm concerned the whole thing smells and I wouldn't go for it.

Thank you, thank you, thank you. This was very helpful and I very much appreciate it!

I will update with the outcome!
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