Going to depend upon what is in the contract, normally (normally....just normally...) they give a 30 day free board period the after that will charge a daily or monthly boarding charge. Normally when i have purchased from friends they will hang onto them a little longer for me to arange shipping, but most offer a so and so long free boarding period. Its important to have this stuff written out clearly in the sales contract
I normally state in my contract, that once the horse leaves my (the sellers) propperty that the seller cannot be held liable for any damage or harm that may occure during transportation ext. If its going to be at the sellers farm for some time, it might be important to carry insurance on the horse ...some may require that.
How i normally handle it, if the horse is at my propperty and the downpayment has been received ...if any harm comes to the horse, the buyer may request the payment back, but i will not be held responsible for anything that may happen during shipping or after the horse has left my farm
. Now, there may be acceptions to that of course ...
The best thing to do if you purchase a horse and it can't get to you for a long period of time, is take out insurance on the horse. If you buy the horse, its yours, so I would think its your responsiblity from the date of purchase. Just the same if you buy a horse and take it home but are making payments, if something happens to that horse, you still have to pay for it. Its always a good idea to take out insurance on a horse in either situation.
I was wondering.As I just bought a 3 yr old stud.(Paso Fino).And he is paid for in full.And I just got a email.That states he is my horse now.And she tells me .(Yes, he is yours. Responsibility, liablity and all.) I just never had anyone says this too me.So now I get worried.I never thought about it much before with selling or buying.
I agree, this should be stated in a contract and signed by both parties!! Most times, things are just fine, but you never know, and it should be clear up front who is responsible for any vet bills, etc.. that might come up.
As soon as money changes hands and a bill of sale is completed the seller no longer has any legal responcibility for the horse other than what is customary to deliver the animal to the buyer, as per their agreement. You, as the buyer, are responcible for ANYTHING and EVERYTHING that happens to this horse unless you have a signed contract saying otherwise. Any insurance on the animal by the seller is void as of the sale, as is any other type of insurance. You, the buyer, are now the legal owner. That includes being responcible for any board payments.
Whats going to make the difference is WHAT is outlined in the contract, everyone handles sales differently ...when i send a sales contrac to someone i ask them to look over it and if they have any questions or want something changed or added to let me know. As long as there is a mutual understanding that is clearly written out in a contract and understood between both parties ..the buyer and seller..then there is no right/wrong way to handle it.
Nathan handles things different then me ...im sure we all handle things differently, i have no problem boarding the horse for a month or two to help with shipping, its no biggie to me, but its just going to depend farm to farm and seller to seller.
Everyone handles these things differently, just make sure there is a contract ..i know of things that have gone wrong and there been no sales contract ..
Leeana, what do you do in case the horse should die after being paid for but before its shipped? Would you refund the money and you be the one to lose out completely? I understand not charging board, but liability for the horse in case of dead is a big issue with me. I personally would feel much better if the new owner had insurance on the horse once its paid in full, if it can't leave immediately. But you are dead on about having a contract to spell it all out and it should be totally agreed on before money ever changes hands.
appymini, I suggest you insure your new stallion as a precaution in case anything should happen to him, the seller has said you are now responsible.
Almost every person I have bought from puts in the contract that once the horse is paid for or leaves their property I am soley responsible for the horse including any vet bills as I am now the "owner" of the horse. I have written this in my own contracts especially when its a horse that is staying for awhile waiting to be picked up.
It should be spelled out in the contract (we all live and learn when we get into situations and wonder "what" would happen "if").
Personally, I have felt when I bought a horse that is otherwise ready to roll (weaned, whatever) and it will be awhile before it can be shipped to me, the horse is my responsibility. The seller has done me a favor by housing the horse until it can ship out. Ditto for if they've allowed payments. They are doing you a favor, and I feel the liability for the horse is on the purchaser. Had someone nearby come along, the horse could have sold, cash in hand, and been out of there if not for doing a favor to a purchaser waiting on a shipper and/or making payments.
Insurance is an excellent idea, but may not be available depending on the purchase price / monetary value of the horse. The company I use has, I think, a minimum insurable value of $2,500.
Leeanne, I'm just saying what the LAW says... it all depends on what the buyer and seller agree to. In my sales contract I stated that I'd board him for free for up to ten days (which was good because the shipper ended up really late). In my situation the trucker was scheduled before the sale was completed (we went from first posting an advertisement to on a truck in 8 days.) More than that and the buyer had to pay for board. Anything that modifies the agreement from the base stance the law takes must be covered in a contract. If there is no contract, it defaults to what I described earlier.
When I bought a horse some distance away a few years ago, the contract stated "Buyer assumes all risk of loss at time of purchase." I have included the same statement in my contracts.
I had reached an agreement on selling a mare and foal shortly after that and sent the contract including that phrase. The buyer didn't like it and wanted me to remove it and me be responsible for any losses until the horses were picked up (which was going to be quite a little while). I told him I could not do that as in the unlikely event that the horse should colic, it could possibly cost me more in vet bills than I was receiving for the horse. I was NOT going to put myself in a position where if something happened to the horse that he could sue me for what he thought the horse was worth. Anyhow, the deal was cancelled. He insisted that he had bought LOTS of horses and the seller was ALWAYS responsible until delivery was made. Funny, I have never heard of them again. That was one of those deals that just didn't feel right and I was glad we backed out.
This horse I bought came to close to getting hurt.So I was wondering.This is the story He was to be picked up by the shipper last Fri. I paid for him on Wed.And the shipper just happen to be passing through at the time. So she brought the horse to the barn.Supposly another colt was waiting to be picked up by someone else.Anyway in the middle of the night Both boys got out.She got to the barn in time before anything happened.The trip got canceled due to the drivers ill mother.And the horse will not be picked up for another week.So now she tells me he is my reasonsabilty.So it got me thinking. What if something could have happend or can happen.
My contract states the horse becomes the buyer's responsibility the moment it steps on the trailer, until then it is still mine to care for..no matter what. Our Miss Kitty coliced right before Sharon was to come get her, my dollar...she had eaten a loose peppermint wrapper she must have either found in the field or someone gave her. When she left she was 100% fine. I would never expect the buyer to foot such a bill. But that's just me. I even offered to refund the pymt of Kitty if they changed their minds..nope they came got her and the rest is a loving history. If she had died, I would've refunded without pause both of us in tears.
appymini, in your case it would definitely be wise to purchase not only mortality insurance for your new horse, but also liability. Anything and everything can and will go wrong where horses are concerned, especially with a young stallion. It sounds like this lady is making you liable for everything and if your horse had injured her horse or worse yet someone else, you can bet she'd be looking to you to cover that as well. Be careful and hopefully you can get your new horse home ASAP.
Refunding the purchase price is one thing (and very generous), but if the contract states that the seller is responsible for loss until the horse is delivered, there is the possibility that the buyer could sue for more than what the purchase price was. I'm not going there.
Folks, if you want a definite answer, take to a lawyer in your state.
As Nathan says, MOST states take the stance that once the Bill of Sale has been signed and money exchanges hands the "OWNERSHIP" and full responsibility of that ownership passes to the new owner--unless specific terms are spelled out in a contract--This is according to MY attoney and here in the state of Oklahoma (I'm not an attorney so don't take my word as gold).
My sales contract states that upon signing the sales/term contact the responsibility for the horse becomes that of the new owner--I also assume that on any horse I purchase--if there is a delay in transportation or I purchase on terms, then I make sure I protect my investment by insuring the animal until it is in my actual possession. Most of us are responsible horse owners, but there are things beyond our control that can happen.
I also allow 30 days free board for transportation arrangements, but that does not mean I'm responsible for any illness or injury to the horse as long I'm I being deligent and provideing proper care, custody and control.
If you look at any auction that is held, and read the fine print of the terms and agreements. The resposibility of the horse sold moves from seller to buyer when the gavel drops--therefore if a horse should go out of the ring-rear over and hit it's head on the concrete, gets loose and runs off, colics or gets injured in it's stall--it is the purchaser's responsibility.
It is best to check the laws in your state to be sure and if attending those auctions to read that small print in the front of the catalogue.
Another good idea for contracts, especially if selling on terms, to be sure you add a clause that states any legal matters will be ajudicated in the state that the horse was sold in (IE seller's place of residence). One thing I had not thought of and my attorney added to my contracts.