Horse broker contract
French Horse Exports Services Importing. When a final price has been agreed on, we schedule the blood test and the veterinary exam. If the horse is sold to a non-European country, we highly recommend having it tested for various diseases prior horse broker contract its exportation. The horse will be tested for the same diseases upon arrival horse broker contract the destination country.
If the horse is sold to the USA, a blood draw must be made to test for horse broker contract following diseases:. Once the blood draw has been sent to the laboratory, it takes about 5 working days horse broker contract get the results. It takes 7 working days for the CEM test. If the horse is negative for the blood tests, we will then do the vet check and x-rays.
We ask owners to take videos of the flexions horse broker contract well as the circles on the hard and soft ground. We urge sellers to take horse broker contract of their horse before they present them to clients to make sure there are no horse broker contract issues.
It might happen though that some horses do not have any x-rays. In order to avoid paying for a basic set of x-rays we have decided that if the sellers cannot send us x-rays taken less than one year before the trial, we ask them to pay for 12 x-rays when the horse is vetted. Every horse is sold under contract. After the vetting, if you decide to buy the horse, we will send you a purchase agreement that has already been signed by the owner.
We ask you to sign it if you agree with all the terms and to send a copy to us so that we can send it to the seller. You can then proceed to the wire transfer when the contract has been signed.
When buying a horse through a broker or an agency, it is important to remember who the agent is working for. Horse broker contract work is undertaken on behalf of the buyers, the aim is to provide a quality sport horse at a fair price. We will represent the buyer throughout the negotiation process and do our best to achieve a great deal for him or her. Horse broker contract you are purchasing multiple horses, you are given a discount on commission. French Horse Exports works horse broker contract We strongly recommend that you to insure your horse from the moment you purchase them.
If your insurance requires you to fill out a form, you can provide us with the form before the pre-purchase exam so horse broker contract the vet can fill out the form. The import regulations are very diverse and complex. Documentation requirements, quarantine, vaccination implications and veterinary regulations vary widely from country to country, and are subject to change. We also take care of the paperwork for quarantine.
After having compared several transport companies for hauling horses, horse care, price and customer service, we selected Equi-services www. We and our clients have been very satisfied with their services so far.
Horses going to the USA must stay for 3 days in quarantine on arrival where they will be tested on earlier mentioned diseases. When these test results are negative, the horses will be released from quarantine.
Geldings can then travel to the final destination. Mares and stallions will be transported to a CEM-quarantine facility.
Be aware the trip can be a stressful situation for the horse. They may arrive looking skinnier than you remember and tired. This is completely normal and in order to prevent the horses from losing weight we ask the seller to make sure the horse gets plenty of hay one week to two weeks before his departure. Subscribe to our newsletter. If horse broker contract horse is sold to the USA, a blood draw must be made to test for the following diseases:
La Voie has been involved with horses for more than 20 years both as an equine law attorney and an avid equestrian who horse broker contract and shows her own Tennessee Walking Horses both in California and Tennessee.
She also enjoys carriage driving and has competed in three-day-combined driving events. Prior to these activities, Ms. LaVoie's equine law practice focuses on sales and leasing, boarding and breeding contracts, liability releases, horse related accidents, stallion syndication, and veterinarian liability concerns. She also lectures on equine legal matters and has been designated as an equine law expert witness.
This article covers the essentials that parties to a sale of a horse need to know. Topics include a trial period, bill of sale, purchase agreement, warranties, buyer and seller agency, and more. Trial Period Prior To The Sales Transactions A brief trial period one to two weeks to allow the potential buyer of a horse to determine if the horse is suited for their purposes, can be beneficial to close the sale and avoid unpleasant surprises and disputes after the sale.
The first horse broker contract problem during a trial period is that the horse becomes injured. Horse broker contract instance, the buyer could be riding the horse and because of his action, the horse goes lame.
A seller can prevent these injuries in three ways. First, the seller can require that the buyer pay for insurance of the horse during the trial period. Specifically the seller would want the buyer to pay for both mortality insurance as well as loss of use insurance. Horse broker contract way the seller can protect against the horse becoming injured is to specify what activities can be done during horse broker contract trial period.
For instance, in the horse trial agreement contract the owner can specify that horse broker contract horse only be ridden in the ring, by certain people or whatever other stipulations might be appropriate.
In this situation, the buyer would come over on several subsequent days and ride the horse. While this may not be quite as beneficial as having a trial in a different location, it still allows the potential buyer multiple opportunities to determine if they are a match with the horse.
The second concern that a seller must protect against is their potential liability. Specifically, while out on trail their horse does something to injure either the potential buyer, or a separate third party. There are three horse broker contract that the seller can protect his liability. The first is to require that the buyer sign a waiver, releasing the seller of all liability from the horse. A second way the seller can protect his or her liability is to make sure there is an indemnification clause in the trial agreement.
Rather, the potential buyer will be responsible for any injuries incurred horse broker contract a third party. This type of insurance is an effective horse broker contract that helps protect the seller from liability during the trial period. Purchase and Sales Transaction Once a decision to purchase a horse has been made, the parties should enter into and sign a purchase agreement and a bill of sale to complete the transaction.
A purchase agreement is not always necessary, but it is highly recommended in most circumstances. The bill of sale is a document that simply evidences that a sale has taken place. It is the legal horse broker contract that transfers actual legal title of the horse from the seller to the purchaser. A simple bill of sale document can cover the following:. A simple bill of sale can usually be signed by the seller, but the better practice is to have both parties sign. In very limited situations, the bill of sale does not end the issue of ownership.
For example, what if the seller, who has a written bill of sale, has no legal right to sell the horse. This may happen in settings such as the following:. To lessen these problems from happening, the buyer should insist on having a carefully worded purchase agreement in which the seller warrants, among other things, that he or she has legal title to the horse and is legally capable of selling it to the buyer.
If the horse is registered, ask for a copy of the registration papers. As a sale transaction grows more complicated, the terms and conditions of a sales agreement can become more complex, as well. This can occur, for example, when a seller makes warranties to the buyer such as a warranty or promise that the horse is sound for breeding, showing or racing purposes or if the seller has disclaimed warranties and is selling the horse "as is. When a breeding stallion is sold, the contract can include special details, as well.
As one example, in sales agreements involving breeding stallions, the sellers may retain a certain number of lifetime breeding rights that could be fulfilled for many years into the future. Unless the contract addresses these rights in sufficient detail, the seller would be powerless to claim an entitlement to them horse broker contract a dispute arose. Warranties are normally express or implied. Express warranties are those which are specifically addressed by the parties in the sales horse broker contract.
Implied warranties are those which apply by application of law or by reason of a statute. Implied warranties which arise in horse broker contract sale situations occur by application of the Uniform Commercial Code. Express Warranties An express warranty is typically a warranty as to an objective fact about the horse stated in a sales contract.
If a sellers makes an express warranty without a reasonable basis for so doing, this would be a negligent misrepresentation. Both misrepresentations are actionable under the law. Fraud, an intentional tort, may give rise to punitive damages. The implied warranty of fitness for intended use generally means that the horse can be used as a hunter jumper if sold as such. The horse broker contract of merchantability means that the horse can be sold in commerce as meets the customary requirements of like horses sold in the equine trade or breed.
These warranties arise under the UCC and will apply to the sale transaction unless expressly waived by the sales contract.
When this happens, the acts of the agent obligate the principal to complete the transaction. This relationship is what allows a bloodstock agent to buy a horse on behalf of someone else, who must ultimately pay for the animal.
With a few exceptions, the agent incurs no financial liability in the transaction. To date, the role of an agent in equine sales transactions in the horse broker contract of California, unlike that of an insurance agent, talent agent, athlete agent or real estate agent, has been largely unregulated.
An agency may be actual or ostensible. With limited exception, an agent may be authorized to do any lawful act which horse broker contract principal would be able to do personally. Consideration or payment of a commission is not essential to the creation of an agency relationship. Under section of the Civil Code, ostensible authority is that authority which a principal, "intentionally or by want of ordinary care, causes or allows a third person to believe the agent to possess.
Also, where the principal knows that the agent holds himself out as clothed with certain authority, and remains silent, such conduct on the part of the principal may give rise to liability. In the case of Thompson v.
Stoakes46 Cal. Further, the court determined that if an agent conceals his interest in property sold, or buys at a lower price horse broker contract he charges his principal, he must disgorge the secret profits, even if the property was worth the larger amount and the principal horse broker contract willing to pay it.
This situation is most often referred to in the context of real estate litigation; however, its application to equine sales transactions would not be incongruous. In addition to entering into a written contract with the trainer, specifying the amount of the commission, what is expected of the trainer in exchange for the commission, and some timeline, clients can take other steps to protect themselves.
The above article and all articles in this website are not intended to be legal advice. Readers should consult an attorney to determine how the law applies to their particular circumstances.
Also, please understand that the law constantly evolves and changes. Certain of the decisions and legal propositions quoted in the above article may be out of date or superseded. Questions or horse broker contract about the above article can be directed to its author, Theresa LaVoie.
About Theresa LaVoie Ms. Other equine articles by Horse broker contract LaVoie: