Quantcast

wording in sales contract

Miniature Horse Talk Forums

Help Support Miniature Horse Talk Forums:

yankee_minis

Well-Known Member
Joined
Mar 10, 2004
Messages
1,536
Reaction score
13
Location
Maine
What do you put in your contracts regarding the death of a foal before its weaned when the buyer has put a deposit on the horse?
 

Vertical Limit

Moderator
Joined
Aug 17, 2003
Messages
2,405
Reaction score
88
Location
The Northeast Georgia Mountains
If a foal of mine died BEFORE it was weaned, on MY property, in MY care and someone had a deposit on that foal I would GLADLY give every penny back to the people. There is no way I would take a dime of anyone's money. Just not good business no matter what the contract says. I have to be able to sleep nights.
 
Last edited by a moderator:

bevann

Well-Known Member
Joined
Aug 18, 2003
Messages
2,052
Reaction score
240
Location
Milford,DELAWARE
Vertical Limit Minis said:
If a foal of mine died BEFORE it was weaned, on MY property, in MY care and someone had a deposit on that foal I would GLADLY give every penny back to the people.  There is no way I would take a dime of anyone's money.  Just not good business no matter what the contract says.  I have to be able to sleep nights.
447548[/snapback]

I would also refund money.I like to have repeat buyers who have buyers bring their friends.If you don't give back money you have a VERY UNHAPPY customer and word of mouth that is bad.That is the worst possible kind of advertising.Bite the bullet and give a refund or try to get them to pick another foal.Hope this never happens to anyone.I did to me last year and I gave back all the money.
 

justaboutgeese

Well-Known Member
Joined
Jan 14, 2005
Messages
1,038
Reaction score
0
Location
ontario canada
Common sense, good business practices, decency and your reputation should be telling you the only thing to do is refund the money. If the shoe was on the other foot you would certainly expect nothing less. By being ethical you will probably have a repeat buyer, the other way you will have a person saying who knows what about you for the rest of his (her) life. I have sold horses over the years who got bred after the sale, got injured , got sick, one even got sold to another buyer by my wife who did not know of the first deal. In every case we bent over backwards to make it right. My father used to tell me that if both parties did not come away from a deal feeling good it was not a good deal for both parties. In the old days horse traders did not always count on their buyers feeling good.
 

lyn_j

Well-Known Member
Joined
Nov 30, 2002
Messages
6,159
Reaction score
1
[SIZE=14pt]Im with Carol. All money is returned.[/SIZE]

Lyn
 

yankee_minis

Well-Known Member
Joined
Mar 10, 2004
Messages
1,536
Reaction score
13
Location
Maine
I wasn't asking if the money should be returned or not. I agree....

I was just looking for wording in the contract....
 

RJRMINIS

Well-Known Member
Joined
Jan 22, 2005
Messages
2,690
Reaction score
0
Location
Kansas
I totally agree that the money is returned on a deposit and the foals dies, or becomes seriously injured.

"In the event of death or serious injury the deposit will be returned in full and the contract null and void."

I do know a breeder that asks for a deposit to hold, and you don't get it back if the foal dies.....needless to say you won't see me buying anything from them till it can come home immediately to my care.

I always include the serious injury, because if it is something that is terribly scaring or needs constant care, I don't expect someone to pay the same price as originally planned, if they still want to by the foal, I reduce the price GREATLY
 

DebiM

Well-Known Member
Joined
Nov 30, 2002
Messages
462
Reaction score
0
Location
Eros, La.
This is how we word it in our contracts:

Should the above horse die, or become unfit for sale due to injury or illness prior to delivery of horse, any payment made on this horse will be refunded to the buyer.
 

Cathy_H

Well-Known Member
Joined
Nov 30, 2002
Messages
2,113
Reaction score
0
I have deposits on two weanlings. I have told both buyers that " if the horse dies they will get all of their money back". Plus " if the horse gets really sick I will give the buyer the option of getting their money back" also. That's just the way we do it here.
 
Last edited by a moderator:
L

Lisa-Ruff N Tuff Minis

Guest
I got this from I think it might have been Sunquest changed it a little bit to fit for me but here is our foal contract

CONTRACT FOR SALE OF FOAL

Seller Buyer

________________________ _______________________

________________________ _______________________

________________________ _______________________

________________________ _______________________

1. This agreement is made between _________________________, herein after referred to as the SELLER, and _________________________ herein after referred to as the BUYER for the purchase of the Miniature Horse described below:

Name: __________________________________________________

Registration #_____________________ Sex: ____________________

Date of Birth: ___________ Color:_______________________________

2. Buyer shall pay _______ down as a NON-REFUNDABLE deposit with the remainder, _______ due upon successful weaning of said foal, for a total of ____________If the foal should suffer from a permanent injury (non-cosmetic), permanent illness, or death, the seller shall refund the full deposit to the buyer if the buyer no longer wishes to take possession of the foal due to the above permanent medical conditions. The Seller makes no other warranties, express or implied, including the warranty of fitness for a particular purpose, and the Buyer purchases said horse “as isâ€.

3. Seller shall pay all expenses incurred by the foal until the foal is successfully weaned and as such, the seller has the right to make all medically necessary decisions regarding the health of the foal as advised by a veterinarian, including but not limited to euthanasia.

4. After successfully weaning the foal, the buyer will be notified via _____________ that the foal is ready to be turned over to the buyer. The buyer then has ____________ days to take possession of the foal without incurring boarding costs. After _________ days, board and all other costs incurred by the foal will be the buyer's responsibility, at a charge of ______per day for boarding.

5. Either party may nullify this Agreement if the other party breaches a material term of this Agreement. The wronged party may recover reasonable attorney’s fees and court costs.

6. All sales are final

Executed this ________ day of ___________, 20_____

_________________________________ ____________________________________

sellers signature buyers signature
 

Latest posts

Top