Odd Situation, Kind of Funny... Similar Experiences? - Page 2 - The Horse Forum
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post #11 of 31 Old 07-22-2013, 12:52 AM
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I got a two week trial on my Mustang. There was a person that tried him out before me and it worried me a little that the person might come back and decide to buy him. So, after a week of riding the horse and finding no flaw, I bought him. Even though I could have tried him out for another week, I didn't want to risk loosing him. Best horse purchase I ever made!

To the OP, that is such a bummer. I would have been upset about it.


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post #12 of 31 Old 07-22-2013, 12:56 AM
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Here's my sales contract, without this and money in an escrow or at least a cashier's check to be held, I wouldn't consider the horse sold and if someone came with cash, they'd get the horse.

Dreamcatcher Horse Ranch, LLC



This agreement made this ______ day of ______________, by and between XXXXXX, 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 discussed to their satisfaction. Buyer acknowledges that Seller has advised
Buyer that a pre-purchase examination, by a qualified veterinarian of Buyer’s
Choice, is encouraged. Buyer further indicates that they do ________
or do not ________ wish to have a PPE done.

C. Seller agrees that all routine yearly vaccines will be current prior to transport of the
horse. Seller uses the following vaccines yearly: Fluvac Innovator 6 (EWV
Encephalomyelitis, Influenza, Tetanus, and Rhinopneumonitis EHV-1 & EHV-4),
Rabies and West Nile.

D. 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.
E. This bill of sale is entered into in the State of Oklahoma, Payne County and shell be
Enforced and interpreted under the laws of this state and county.

As consideration Buyer agrees to:

1. Buyer agrees to pay a non-refundable deposit in the amount of $___________
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
or by personal check on or before __________________________.
Buyer understands that there will be a 10 day hold on funds, imposed by Seller’s bank
and that the horse may not be removed from the property until funds are released.

3. Buyer agrees to assume all veterinary, board and farrier costs accrued from
_______________. Buyer will pay cost of Coggins and Health Certificates in
the amount of $_________, to Oklahoma State University Veterinary Hospital.
Buyer agrees to pay seller XXXX US Currency to trailer Horse to OSU Vet Hospital
for the purpose of obtaining the required health certificates and/or a pre-purchase exam.

4. Buyer understands and agrees that in the event that balance owed on Horse is not paid in full by __________________, sales agreement and Bill of Sale are null and void, and full ownership remains with Seller and Buyer shall have no further
entitlements to Horse.

5. Buyer understands and agrees that all bills accrued on behalf of Horse must be paid in
full before said Horse may leave Dreamcatcher Horse Ranch, LLC. Seller agrees to
Board Horse at no charge for 7 days from contract date. After 7 days, board will accrue at the rate of $300.00/month or $15.00/day for partial month from that date forward.

6. Seller agrees to promptly execute all necessary paperwork and to take all necessary
Steps to transfer ownership and registration of the Horse to Buyer at no cost to Buyer,
Upon payment in full of all monies owed by Buyer.
In the event a dispute arises under this Agreement, the prevailing party will be entitled to all reasonable costs and expenses incurred by it 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 Horse by signing this Bill of Sale, and risk of loss passes immediately. Purchaser is immediately responsible for all veterinary, farrier and transportation expenses after the date hereof. Purchaser is immediately liable for any damage or injury caused by Horse to Seller or any third party.



____________________________________________
Buyer’s Signature & Date



____________________________________________
Seller’s Signature & Date
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post #13 of 31 Old 07-22-2013, 01:01 AM
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Quote:
Originally Posted by Dreamcatcher Arabians View Post
Here's my sales contract, without this and money in an escrow or at least a cashier's check to be held, I wouldn't consider the horse sold and if someone came with cash, they'd get the horse.

Thats why I feel like contracts in these situations and the exchange of money, etc is so important. I feel like me signing a contract and handing over a cashier's check lets the seller know that I am SERIOUS about their horse and not trying to waste their time.

I remember when my parents were trying to sell a mare when I was younger...they offered her on trial to so many people. And a lot of the "buyerS" would keep her the full x amount of days and return her on the last one for some obscure reason. It was like they wanted free pony rides.

Contracts, etc keep situations like the OPs from happening and give everyone peace of mind about the sale. I believe in them and would not take a horse on trial/purchase one/lease one/board one/whatever to one without a contract.
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post #14 of 31 Old 07-22-2013, 01:06 AM
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Quote:
Originally Posted by DriftingShadow View Post
Thats why I feel like contracts in these situations and the exchange of money, etc is so important. I feel like me signing a contract and handing over a cashier's check lets the seller know that I am SERIOUS about their horse and not trying to waste their time.

I remember when my parents were trying to sell a mare when I was younger...they offered her on trial to so many people. And a lot of the "buyerS" would keep her the full x amount of days and return her on the last one for some obscure reason. It was like they wanted free pony rides.

Contracts, etc keep situations like the OPs from happening and give everyone peace of mind about the sale. I believe in them and would not take a horse on trial/purchase one/lease one/board one/whatever to one without a contract.
Yes, I agree with you. I'd add a paragraph on there about the trial period and that the horse was to be transported to the buyer's location and returned to me at buyer's expense if the horse didn't work out. I'd also charge for the cost of full insurance on the horse, and have the buyer carry a policy with me as payee in case something happened to the horse.

Or, if the buyer is close and puts down a sizable non-refundable deposit, I'll let them do a trial here at my place, they can come and ride and hang out with the horse as much as they want for a certain period of time, before having to pay the balance. The catch to that is, they can't take the horse off the property without paying the balance in full, unless I have time to take them on a trail ride or something like that. If I do the haul and go along, then I'd allow the horse to be moved.

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post #15 of 31 Old 07-22-2013, 01:07 AM
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Drifting as you have a contract and paid, you should be fine. I would view that horse as all but sold.

When I have bought horses here in the US (I am English) people were amazed that I didn't want to come out 6 times with a trainer, and would just take a horse on a trail after one ride. I don't have time to play games, or tire kick. If I am ready to buy a horse, I will pending the PPE. One visit to seller, deal arranged, show up with trailer - done.
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post #16 of 31 Old 07-22-2013, 01:13 AM
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Quote:
Originally Posted by AlexS View Post
Drifting as you have a contract and paid, you should be fine. I would view that horse as all but sold.

When I have bought horses here in the US (I am English) people were amazed that I didn't want to come out 6 times with a trainer, and would just take a horse on a trail after one ride. I don't have time to play games, or tire kick. If I am ready to buy a horse, I will pending the PPE. One visit to seller, deal arranged, show up with trailer - done.
I am the same Alex!

For my new guy, I drove for a test ride within 3 days of contacting his owner about his ad. I took along a woman I am friends with who I consider to be my "mentor" as it were, but she was mainly there to rein me in if I was going overboard with excitement and offering to buy some loony horse on the spot.

I watched his owner ride him. I rode him. Took him over some low jumps. Liked him. Asked to see a contract for trial, etc. We wrote a quick "sale pending" contract, drove back home. Owner got me the contract for his trial period within 24 hours. I signed it and faxed it back to her and gave her my cashier's check.

She told me "wow you move fast!". I simply told her I was already interested in him or I would not have driven the 3 hours to look at him. He was what I thought he was going to be, and so I was ready to get the show on the road so to speak.

I dont get the buyers who kind of just sit around scuffing their toes in the dirt. That drives me nuts!! Or the sellers who seem to be the same way. Ive been looking for a few months now and Ive ran into some awful sellers. One refused to let me come look at her horse, and said she had to sell him sight unseen and she was willing to throw in all of his equipment, etc.

Um...no?
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post #17 of 31 Old 07-22-2013, 01:14 AM
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Quote:
Originally Posted by AlexS View Post
Drifting as you have a contract and paid, you should be fine. I would view that horse as all but sold.

When I have bought horses here in the US (I am English) people were amazed that I didn't want to come out 6 times with a trainer, and would just take a horse on a trail after one ride. I don't have time to play games, or tire kick. If I am ready to buy a horse, I will pending the PPE. One visit to seller, deal arranged, show up with trailer - done.
I do pretty much the same thing Alex. I pretty well know I'm going to buy a horse before I even go out to visit and usually will take my trailer. Unless I find a deal breaker situation when I get there, I buy the horse pending a visit to OSU for a PPE and off we go. I only do a PPE for a horse over $5K, or if I think I see something that would be a deal breaker, so most of the time I give them a good going over and off we go. I also mostly buy real young stock so I'm not too worried about their physical status, MOST of the time.

If it's a saddle horse (boy is THAT rare for me to buy one that's already started!), then I ride it in the arena or pasture or yard at the home, take out away from the property for a little while and if it doesn't immediately lose its mind, we're good to go. I take my contract in case the seller doesn't have one, cash in hand and load 'em up and move 'em out.

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post #18 of 31 Old 07-22-2013, 01:24 AM
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We are both very much alike. When I was shopping for Lucas, I dropped the kids at school, immediately drove 3 hours to see a horse, that was listed as a TB, and I was emailed photos. I have about 45 mins to see the horse, to get back in time for the kids.

Horse comes out, not a bay TB as listed, or photoed. It was a paint. When it walked out, I was shocked and said this isn't the horse you sent me photos of. I was told, no they didn't have a camera, so just pulled photos off the internet of a horse that looked like it. Erm it's nothing like it.

'Thanks' = not what I said! Now I have to hustle to get back for the kids coming home. <Insert many curse words here>

So I saw everything on the market in my area and wasn't interested. When I saw Lucas, I knew I liked him, so I gave 10% of price then, arranged a trial and then a meet up for cash payment after the 2 weeks.

It would drive me insane to sell the way people sell here. I wouldn't really be ok with 2-3 rides, trainer visits etc. Just buy the horse, it's $2k for goodness sakes.

I remained friends with the seller, she is now a close friend of mine. Apparently someone else was interested in Lucas and was doing the trainer out visits, and was upset that he was sold - sorry, you should have just bought him then.
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post #19 of 31 Old 07-22-2013, 01:24 AM
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When I bought my Fox Trotter mare I had about a 20 minute ride at the seller's place. Take her or leave her. No trial period. She was going to auction with a bunch of other horses if I didn't buy her, so they weren't really concerned if I bought her either way.

I had an experienced friend and her husband with me who said they would buy the horse if she didn't work out for me. So with that assurance I bought her. But that is NOT the way to buy a horse. I got lucky. It could have been a disaster!
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post #20 of 31 Old 07-22-2013, 01:29 AM
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Quote:
Originally Posted by AlexS View Post
We are both very much alike. When I was shopping for Lucas, I dropped the kids at school, immediately drove 3 hours to see a horse, that was listed as a TB, and I was emailed photos. I have about 45 mins to see the horse, to get back in time for the kids.

Horse comes out, not a bay TB as listed, or photoed. It was a paint. When it walked out, I was shocked and said this isn't the horse you sent me photos of. I was told, no they didn't have a camera, so just pulled photos off the internet of a horse that looked like it. Erm it's nothing like it.

'Thanks' = not what I said! Now I have to hustle to get back for the kids coming home. <Insert many curse words here>

So I saw everything on the market in my area and wasn't interested. When I saw Lucas, I knew I liked him, so I gave 10% of price then, arranged a trial and then a meet up for cash payment after the 2 weeks.

It would drive me insane to sell the way people sell here. I wouldn't really be ok with 2-3 rides, trainer visits etc. Just buy the horse, it's $2k for goodness sakes.

I remained friends with the seller, she is now a close friend of mine. Apparently someone else was interested in Lucas and was doing the trainer out visits, and was upset that he was sold - sorry, you should have just bought him then.
A paint advertised as a TB? And you drove 3 hours for that?! I would have been HOT.
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