If you want a really good contract, look online or have someone that is experienced in equine law write one for you.
Basics
Horse's identification (name, registration, color, sex, age, photo too if you can)
Terms of purchase. Price is X, down payment is $, refundable or not, payments to be made amount and date, with late fees if applicable with a final payment date. How payments are made, can the buyer take the horse or not
Warranties - what you will warrant - you own the horse, fully disclosed health issues, height guarantees, etc. LGF if applicable, fertility if applicable (vet tested not you saying so).
Buyer performance - buyer to pick up, pay board, get health inspections, carry insurance for horses on payments (I make buyers initial this too), if the horse dies, they still have to fulfill their contract if they chose not to insure, etc.
Seller performance - if you're delivering, etc.
This is the 'blank' we start with, it is modified depending on the purchase. Terms are spelled out, and I send to the buyer for agreement, then we finalized and both sign. It hasn't been tested in court, but I do believe a contract makes people take things a bit more seriously. (It's in an MSword doc, I just cut/paste it here with our personal info deleted)
PURCHASE AGREEMENT/BILL OF SALE
This agreement is between ______ herein known as BUYER and herein known as SELLER for the purchase of the Miniature Horse(s) described below.
A. HORSE INFORMATION:
A-1 Name:
A-2 Sex:
A-3 Height:_____
A-4 Age/DOB: yrs,
A-5 Description/Color:
A-6 Reg#: AMHA AMHR PtHA
A-7 DNA/PQ tested__
A-8 Sire: Dam:
B. PURCHASE PRICE:
B-1 SELLER agrees to sell and BUYER agrees to buy said horse based on the following terms and conditions.
B-2 BUYER understands and agrees to the following purchase price of $ 00.00 (THOUSAND HUNDRED ONLY Dollars and no/cents). All checks made payable to There is a $35.00 (Thirty-five dollar and no/cents) returned check fee with all additional payments to be made via cash, cashiers check, PayPal or money order.
B-3 Full payment was made to SELLER. Check #___________.
B-4 The balance due is $ (ONLY Dollars and no/cents) Payments are to be received by the _____ of the month in the amount of $___ each month. Final payment is due no later than __.
B-5 Said horse will be kept at ______ for ______ months until the Purchase Agreement is paid in full. Board for said horse will be charged at $.00 (Dollars and no/cents) per month. The BUYER agrees to pay all incidental costs (vets, farrier, training, etc.) during this time. BUYER will take said horse.
C. WARRANTIES
C-1 SELLER makes no warranties, expressed or implied, including the warranties of fitness for a particular purpose except for specific warranties provided for by this agreement. BUYER purchases said horse “as is”.
C-2 SELLER warrants that he has clear title to said horse.
C-3 SELLER warrants that all medical records provided are true and accurate to the best of SELLER knowledge.
C-4 See Addendum regarding Height Warranty
C-5 See Addendum regarding Live Foal Guarantee
Should said horse fail to meet any of the above warranties at the time of delivery, provided same is discovered within three (3) days from the date of delivery to BUYER, SELLER agrees to do the following. Take the horse back and return full payment provided BUYER returns said horse at BUYERS expense within 7 (seven) days from date of delivery with all AMHA, AMHR & PtHA registration papers returned intact with signed transfer forms.
Page 1 of 2 Purchase Contract
Page 2 of 2
Purchase Contract cont.
Date:
Buyer/Horse
D. CONDITIONS:
D-1 BUYER to provide the name and contact information for their current veterinarian and farrier.
D-2 In the event that the BUYER is unable to complete the purchase in full, said horse will return to SELLER in satisfactory condition and the sale will be nullified. Said horse to be returned within 10 (ten days) of notification (email, US mail and/or telephone call will serve as notification). All payments received by SELLER will be forfeited.
D-3 ____BUYER is required to purchase insurance against loss in the amount of purchase price with SELLER listed as beneficiary until said horse is paid in full. If said horse is to remain in SELLERS care after signing this contract, BUYER is urged to purchase insurance to protect their investment.
D-4 In the event that said horse becomes ill, permanently disabled, or dies during the purchase while payments are being made or before BUYER takes delivery of said horse, BUYER agrees to fulfill the terms of payment.
D-5 BUYER shall be responsible for all transportation fees to deliver said horse (Seller delivery included)
D-6 BUYER shall be responsible for Health papers required for delivery of said horse including a pre-purchase exam if so desired.
D-7 When full payment has been received, SELLER shall transfer all applicable registration paperwork and full ownership to BUYER as soon as practicable.
D-8 ___ Yes, SELLER wishes to retain ‘first right of refusal’ (the right to purchase this horse back from BUYER/new owner(s) should said horse be offered for sale)
The terms of this agreement and any disputes developing henceforth shall be enforced and construed in accordance with the laws of the State of California.
I hereby acknowledge that I have read and understood the terms of the above agreement and I do hereby affix my signature as evidence of my acceptance and agreement.
Executed this day of , 20 , at ________________, California.
______________________________ _______________________________
"SELLER" "BUYER"
(contact info here)
