SALE & PURCHASE
We define our contracts as single use paper copies or multiple use email copies.
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. Select the edition where you reside, not where the horse is located.
Once an order is received we will manually process your credit card before dispatching the version purchased by post or email.
SALE – PAYMENT BY INSTALMENTS
Selling a horse under a deferred payment arrangement is a risk, but the risk is managed by this contract to protect the seller. The seller has enforceable legal rights in the event of payment default. The buyer is liable to pay even if the horse is harmed or dies. There are 2 versions of this contract available: one for the situation where the horse is retained by the seller until all installments are paid; the other for the case where the horse is released by the seller before receiving the price. 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.
This contract is suitable for people who sell horses in business. The buyer gives acknowledgements which the seller can rely on to refute any later claim that the horse was not of an acceptable quality or not fit for purpose. Some of these acknowledgements relate to the uncertainty associated with buying foals or young horses. We will badge this contract with the seller’s logo and business name for free.
An agent must be legally appointed to sell a horse for its owner. This appointment document 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’s obligations to co-operate with the agent in the sales campaign and to disclose details of any sale concluded by the seller are set out. If you are a serious amateur or a professional horseperson, this document will ensure that you don’t lose out.