Purpose of this contract – Buying a horse.
Buying a horse is a risky matter. A buyer relies on the accuracy and completeness of advertising and information passed on by the seller during enquiry. If the seller is not in the business of selling horses, it is a ‘buyer beware’ situation, so the buyer needs a contract for protection as consumer laws do not apply.
This contract addresses: when ownership of the horse passes to the buyer; who is responsible for harm to the horse before the buyer takes possession; disclosure by the seller of any nuisance habits, behaviours or vices; suitability of the horse for the buyer’s purpose, along with other matters.
The paper copy version of this contract contains 2 contracts – one for the buyer and seller so that each retains a signed original. Information about the parties and the horse is inserted in the schedule. There is an edition for each State and Territory of Australia. Select the edition where you reside, not where the horse is located.
SALE – PAYMENT BY INSTALMENT
Purpose of this contract – Selling a horse on a payment plan.
Selling a horse under a deferred payment arrangement is risky for the seller, but the risk is managed by this contract. The seller has enforceable legal rights in the event of payment default. The risk of death or harm to the horse passes to the buyer on payment of a deposit. There are 2 versions of this contract available: one for the situation where the horse stays with the seller during the payment period; the other where the horse leaves the seller before payment in full. In both cases, ownership of the horse does not pass to the buyer until the seller receives full payment. We will contact you after receipt of your order to find out which version you want.
Purpose of this contract – Sale of a horse privately or in the course of a business.
This contract gives the seller maximum protection. The buyer gives acknowledgements which can be relied on to refute any claim that the horse was not of an acceptable quality or not fit for purpose at the point of sale. Some of these acknowledgements relate to the uncertainty associated with buying foals or young horses. If you buy the email version of this contract, we will badge it with your logo and business details at no extra cost.
SALES AGENT AUTHORITY
Purpose of this contract – Selling a horse on behalf of its owner.
An agent should be legally appointed and authorized to sell a horse for its owner. This contract scopes the agent’s authority, sets a reserve price, fixes the agent’s commission and clarifies what fees are payable for training the horse in readiness for sale. The seller agrees to co-operate with the agent in the sales campaign and to disclose details of any sale.
These contracts are sold as a single use paper copy (posted to you) or multiple use copy (emailed to you). The email version is more expensive because you may use it more than once. Once an order is received, we will manually process your credit card before dispatching the version purchased by post or email.