State on Bill of Sale when buying out of state - The Horse Forum
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post #1 of 10 Old 02-14-2020, 04:21 PM Thread Starter
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State on Bill of Sale when buying out of state

So I'm looking at this bill of sale and wondering what needs to go as the state. I live in Texas, the seller is in Minnesota. He is driving her down to Kansas where I will pay for her and pick her up. So far I only have a 10% deposit down on the horse. The bill of sale says "this agreement shall be bound under the laws of the state of _______". Is that the seller's state, the buyer's state (where I would theoretically need to prove ownership), or the state where the money actually changed hands?

I rather assume at the end of the day anything would be acceptable, should I need to provide the bill of sale for proof of ownership for anything, but I'm still very curious what the correct state would be.
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post #2 of 10 Old 02-14-2020, 04:37 PM
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Wait, does the bill of sale actually have a blank in it? I guess it's just a template that he sent to you?

All this means is that you are agreeing what state laws would apply if there is a dispute later on. It could be any state you two agree on. It could be Hawaii. I don't know what people typically put, but legally it's whatever you two agree to.

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post #3 of 10 Old 02-14-2020, 05:28 PM Thread Starter
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Correct, it's just a template that the seller has that you fill in the information. He sent it to me and asked me to fill in my name and address.
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post #4 of 10 Old 02-14-2020, 06:41 PM
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Quote:
Originally Posted by Southern Grace View Post
Correct, it's just a template that the seller has that you fill in the information. He sent it to me and asked me to fill in my name and address.
Fill it in for your City, County and State. That way, if there's a disagreement, you don't have to travel. I just did a deal kind of like that and actually did up the whole contract and the Seller signed when she was paid and had delivered the horse and I signed once I had paid the money and inspected the horse. Said that the horse was as represented, sound and no visible injuries and that I was accepting her in that condition.
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post #5 of 10 Old 02-14-2020, 06:48 PM
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Here's the contract we did. I erased personal info but otherwise here it is.

DREAMCATCHER HORSE RANCH, LLC



This agreement made this 9th day of February, 2020, by and between ¬¬¬¬______________, hereafter referred to as “Seller” and Patricia A. Lowe, hereafter referred to as “Buyer”.

The parties hereby acknowledge that this agreement is made for the purchase and sale of APHA registered buckskin overo filly, known as Classic Play Style aka Snow, APHA registry # 1,080,154 , foaled on February 12, 2018, hereafter referred to as “Filly”.

A. Seller guarantees that she has full power to sell the Filly, the title is clear and free from liens and is unencumbered, and further, she will defend the same against the claim or claims of all persons whomever.

B. Buyer agrees to purchase the Filly as is and agrees that significant issues (congenital deafness, HERDA carrier status and any and all issues the Seller is aware of) have been discussed to their satisfaction. Buyer waives the right to have a pre-purchase exam done on said Filly so long as Filly is as purported by Seller.

C. This Bill of Sale represents the entire agreement between the parties. No other agreement 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 and county.

As consideration Buyer agrees to:
Pay Seller the amount of $ _________________ in full upon delivery of the Filly and all agreed upon paperwork.
Seller agrees that for the sum of $____________________US currency, she will deliver the Filly, on or about the 12th or 13th of February, 2020 and not later than the 15th of February, 2020; a current negative Coggins report; 20 day Health Certificate; any veterinary records available; and all paperwork necessary for the Transfer of Registration with American Paint Horse Association; to the Buyer at Buyer’s address at the top of this Agreement, and Buyer agrees to promptly transfer the registration of the filly into her name.

In the event a dispute arises under this Agreement, the prevailing party will be entitled to all reasonable costs and expenses incurred in connection with such dispute (including, without limitation all reasonable attorney’s fees and costs incurred before and at any trial, arbitration or other proceeding), as well as all other relief granted in any suit or other proceeding.

Purchaser accepts the Filly by signing this Bill of Sale on delivery of said Filly in good health with no obvious injuries.
Seller’s Signature agrees that Filly has been PAID IN FULL and there are no further obligations of Buyer.


Buyer’s Signature and Date of Delivery


Seller’s Signature and Date of Contract

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post #6 of 10 Old 02-14-2020, 06:49 PM
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Interesting. I just write my own.

So ànd so bought such and such on this date for this amount. And we both sign it. I sell out of state fairly often.

We do have to get a brand inspection. Does Texas require that?
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post #7 of 10 Old 02-14-2020, 07:00 PM
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Quote:
Originally Posted by boots View Post
Interesting. I just write my own.

So ànd so bought such and such on this date for this amount. And we both sign it. I sell out of state fairly often.

We do have to get a brand inspection. Does Texas require that?
No. My horse came up from TX, just had a Coggins and Health Cert.

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post #8 of 10 Old 02-14-2020, 07:31 PM
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Quote:
Originally Posted by Dreamcatcher Arabians View Post
No. My horse came up from TX, just had a Coggins and Health Cert.
Yes. We do the Coggins and Health Cert, too, when shipping out of state.

Who pays, usually for the Coggins and Health Cert? In my case, people generally stay in the area for a while after they buy. Seller usually pays for brand inspection ( which I know most of you don't have).
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Last edited by boots; 02-14-2020 at 07:42 PM.
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post #9 of 10 Old 02-14-2020, 09:04 PM
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Quote:
Originally Posted by boots View Post
Yes. We do the Coggins and Health Cert, too, when shipping out of state.

Who pays, usually for the Coggins and Health Cert? In my case, people generally stay in the area for a while after they buy. Seller usually pays for brand inspection ( which I know most of you don't have).
I believe that in OK, Seller must furnish the Coggins, Health Cert and a halter and lead (never mind how ratty). I know I keep all my horses up to date on Coggins so it's easy to call and get the health cert.
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post #10 of 10 Old 02-14-2020, 09:50 PM
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As a buyer I've used a horse sales agreement template that I found on the internet twice in the last year and each time I filled in my home county and state. The sellers signed and never questioned it. I've sold two lower priced horses over the last couple of years and we just wrote out a hand written agreement that listed both parties, the horse, and the price. I wanted to provide the buyers with proof of ownership and at the same time have proof that I no longer owned the horse should a liability issue arise.
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