The procedural agreement should include a language dealing with the possibility of injury or death of the horse, and perhaps the buyer is responsible if, among other things, the horse is injured or dies, while the horse is in the custody, care and control of the potential buyer. This provision should indicate that it is effective from the moment the horse leaves the seller`s property and continues until the horse returns. Depending on whether you need the potential buyer to obtain insurance, you must add the language that the potential buyer covers all expenses that are not covered by the horse`s mortality, primary insurance and loss of use related to an accident, illness or other hazard, including the death or permanent disability of the horse. In addition, this driver is responsible for all costs/expenses resulting from his negligence. Breakdown – the potential buyer basically wants to “hit the tires” of your horse from the property. The proposal is that the horse leaves your property to go to their trainer`s estate for a period of several days so that the trainer can evaluate the horse. Once the trainer has approved the horse, the sale can be concluded. They will not be present during the off-site evaluation, so they cannot be taken into account on the nature and extent of the assessment – for example. B the duration of the workouts, the height of the jumps, the use of whips/spurs and/or the use of other training equipment. Consider any injuries that may occur to the potential buyer and/or the buyer`s trainer during riding. They may also include the language in which the seller is not responsible for the potential buyer`s violations, i.e.
the release of liability. Consideration would be that the coach also carries out a liability authorization. Note, however, that a finding of negligence and liability may be subject to specific facts and circumstances and to the interpretation of case law in your jurisdiction. After careful preparation of the perfect video, then months of advertisements and requests and appointments, you have finally found the perfect buyer for your horse. The potential buyer has confirmed that the horse is exactly what she is looking for, but she needs the final signal from her trainer. When it comes to preventive procedures, it is important to be aware of the most likely problematic areas: the advantage of a written contract in such a situation is that, depending on the facts, you will not be able to distinguish or challenge in court the intentions and understanding of what has been agreed previously. If you don`t spend the time and effort to protect your horse at the front end, you can cost more at the rear end if the sale fails, your horse is injured or dies, or if it comes back from the trainer`s stable, it can no longer function, is not healthy, and the total value of the horse has dropped or decreased considerably. Well, horse buyers, they`ve finally found your dream horse! And, horse salesman, you`re about to make the sale you were hoping for. But there is a catch: the potential buyer wants to take the horse to test. ? Hmm…. B.
If you carry the horse to the test site and return to the seller, you should not pass the test and who bears the costs. ANATOMY OF THE CONTRACT. The obligation to write a pre-emption contract in the form of a contract should not be irresistible, but must be written in detail and easily comprehensible. It is advisable to have a well-informed lawyer in the project of the horses case, or at least to review and resolve the contract. Consider the payment structure to be incorporated into this type of test agreement. As the horse is not sold and no sales invoice is executed, the seller still owns the horse, but the potential buyer will have custody and control of the horse, so a determination of the compensation structure can be difficult and you may need to be creative depending on the facts and circumstances of your situation. Sending your horse to court is a great decision and a decision that involves a certain plan to ensure that you and your horse are protected