Is there one best answer......

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Well-Known Member
Jan 24, 2008
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Seaforth, Ontario, Canada
If I was buying a bred mare and could not take her until a later date, should she foal in the meantime, am I purchasing the mare and foal for the same money?
If the mare is paid for in full I would sa that the foal is yours for the same price. HOWEVER. There may be other charges added to your purchase price, even if your mare is paid in full. If the seller intended for the mare to be gone before she foaled then they may tell you that you owe them additional money for their time and effort in foaling her out. They may want to be reimbursed for the time spent watching the mare and assisting with the delivery, there may be vet charges if they are ones that always have a vet out to check the new foal and do an IgG test, and they may want board money if the mare is there past a certain date (that can be the case with any horse sold, not just bred mares).

I know people that have sold mares on payments; mares were being left with the seller until paid in full & after foaling--no additional charge for foaling out the mare & breeding her back, but if she wasn't paid for in full by the time she foaled then the foal became the property of the seller, and buyer would get only the mare. Right or wrong that was the deal & buyer takes it or leaves it.

It can just depend on the terms of the deal and what is said between buyer & seller when the deal is made. It pays to cover all terms prior to purchase.
What have you arranged with the seller?

Could be if you've paid for the mare, the foal is rightfully yours. But what fee might the seller charge to have foaled her out and take care of the foal until you get the foal and the dam shipped?

It's not something anyone here can answer because it's between you and the seller.
A deposit was placed on the horse and she was to be picked up by the 15th of the month.

The foal was not due till the end of the month.

However, there is now a possibility that the housing will not be prepared in time and as we near the foaling date there is concern regarding transport, close to foaling.

I know it's a dillemma without a clear answer, since no details were laid out at time of sale.

I appreciate the opinions and was fairly sure there was not a simple answer.

If the delivery is post poned till after foaling then payment should be made in foal immediately and a written agreement that any costs, vets etc. are the buyers responsibility and some remuneration for "mare stare"
I think that would depend on the contract that you sign at the time of purchase. As a seller if that happened then yes you would be getting the mare and foal unless you didnt want the foal as I would have priced the mare assuming you would have a foal other wise I would only sell her as open. As a buyer I have bought bred mares some with live foal guarantee and some without and I knew by my contract what was included. IF your mare foaled before you could get her then there is the matter of extra care time and groceries to say nothing about vet costs for the new mom and baby so as a buyer I would expect to have to pay more to cover those expenses especially if the reason I hadnt gotten her was because I couldnt find transport or something from my end. IF one gets to know the breeders they deal with I think many of these questions can be worked out and we try to get to know the breeders we buy from and let them get to know us. Eliminates alot of controversy I think as you can talk as friends would if there are any questions on either side. JMO
If the delivery is post poned till after foaling then payment should be made in foal immediately and a written agreement that any costs, vets etc. are the buyers responsibility and some remuneration for "mare stare"
Exactly- you need to pay the mare off in full and draw up a contract stating that the foal is yours and agree upon a reasonable (to both parties) amount of remuneration for their time in foaling her out, keeping her and the foal, and also state that any vet, farrier and feed bills for the mare and foal are your responsibility. BUT GET IT IN WRITING! AND DO IT NOW! While sales most often go exactly as planned, its always best for both parties to protect themselves with a written contract. It should include terms about what will happen if there is a problem at foaling and the mare, foal, or both is lost. (or if an accident or illness at any other time results in the loss of one or both). It should include what is to happen if you do not wish to keep the foal after she foals out-if it isn't what you expected and you decide to sell, does the seller want first right? But most of all, if you're determined to have the foal in the price of the mare- GET IT IN WRITING and pay the mare off in full before the foaling happens so the seller cannot change their mind and decide to charge extra for the foal (not just foaling and board) -or just flat out refuse to sell it to you.
I sold a couple of minis this year, all to the same home. They were to be picked up by a certain date. My contract stated that they were to be picked up by this date, up until that point board was free. If they could not be picked up by the stated date, it was $5 a day per horse for board. The buyer had until the stated date to change their mind on one or any of the purchases. Once that date passed, the sale was final, any and all deposits were non refundable and they were to pay board if the horses were in my posession. Board included me doing their feet, worming, feeding and grooming. It did not include vet care.

I foaled out a mare for them and I made it perfectly clear that no matter how well a pregnancy can go, there can alway be risks involved with the birth, to the mare and the foal. Any and all vet care for the mare and foal was the new buyers responsability and to be supplied by my vet unless the3y had made prior arrangements with me.I did not leave any grey areas as to what was expected to be paid and it was clear that the foal belonged to them.

As a curtesy, I did not charge a fee for foaling out the mare, and it was a bit of a rocky start, the placenta detatched too early. The foal was a bit of a dummy foal for the first 4-5 hours. They clearly stated they would not have known what to do in that situation.

I think you need to be completely up front, state that the structure is not finished and expect to pay any fees that are incured when it comes to foaling. These are fees that you would be paying wether the foal is at your place or theirs.

In my case, the home that my animals were getting, including a brand new structure, strongly outweighed any inconvenience of keeping them a little longer.

I think a reputable seller will not expect to keep the foal without having an agreement that they are retaining it after it is born, and a reputable buyer will make sure they are willing to assume the financial responsabilities of a new foal, as well as all of the complications that can occur too.

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Thank you all again for more good advice.

That's the beauty of the forum, the brainstorming that allows us to come up with the best of all scenarios.

I appreciate the information.

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