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  1. #1
    Join Date
    Feb. 26, 2008
    Posts
    773

    Default Sell mare, get a custom foal, possible contracts????

    Basic scenario - I wish to sell a mare, but get a custom foal out of her.
    She would most likely be sold confirmed in foal ( I pay stud fees, veterinary costs, etc.) She would spend her pregnancy and foal out at the buyer's place.

    Anyone can help me with a sample contract?
    Share experiences?
    Advice?

    Anyone insure foals in-utero?



  2. #2
    Join Date
    Feb. 9, 2005
    Location
    Upper Midwest
    Posts
    5,842

    Default

    I bought a mare in foal where the foal went back to the buyer, but the seller foaled out the foal and kept the mare until weaning.

    I can't imagine giving up possession until the baby is born--would have to be someone you really trusted.
    Siouxland Sporthorses: http://slsfarm.blogspot.com/

    DIY Journey of Remodeling the Farmette: http://weownblackacre.blogspot.com/



  3. #3
    Join Date
    Feb. 26, 2008
    Posts
    773

    Default

    Well, mare would be going to another breeder, and she would like to trail ride occasionally - stuff mare is used to. The other breeder is not too far to go get the mare/foal if there are problems.

    I am not sure how to word such an agreement, I know it is commonly done with some other higher priced horses, but I think mostly through embryo transfer, which is not an option here.

    I am mostly concerned with covering the bases - if bad things happen, I want to address the possibilities in advance, so we both know what to expect.

    Both parties are reasonable and have dealt with horse/breeding for a long time.

    Would asking for "X" amount extra for the mare and then paying that exact "X" amount for the foal work?

    Other thoughts?



  4. #4
    Join Date
    Aug. 30, 2007
    Location
    Southern California
    Posts
    599

    Default

    I did something like this..."Sold" mare to a stallion owner and payment to me was the first foal out of this cross. New owner/stallion owner was in charge of all fees surrounding the breeding/foaling/etc; I wouldn't pay anything until I picked up the weanling. It was technically a lease and I still owned the mare until completion of the contract.

    To put it lightly the whole deal was a nightmare. An ironclad contract is incredibly necessary; I might honestly involve a lawyer in this one to draw up a custom contract because there are *so* many bases that need to be covered, and a conniving lessee/buyer can do so much "damage" if they can find loopholes (or think they find loopholes). You just can't trust people these days.

    For the sake of your mare and future foal if you do not involve a lawyer, it truly might be a good idea to do like it was suggested above and foal out the mare yourself. This would simplify the contract quite a bit as you don't have to stipulate everything down to a T of what the mare is to receive/how the mare is to be treated/etc etc etc. I could never do it again.

    FWIW, my mare never ended up conceiving let alone producing a foal, and had to be rescued from the lessee and given away as a permanently lame, likely sterile pasture puff.



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