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  1. #1
    Join Date
    Jan. 22, 2008
    Location
    The eastern edge of the eventing wasteland
    Posts
    518

    Default Trial period contract template?

    Once again reaching out.....
    My friend is selling his horse. He has just been contacted by very interested buyers who seem perfect in every way. They are out of state, about 4 hours. They tried him over the weekend and want to take him for a week trial.

    Does anyone have a trial contract template they could PM me?

    We were hoping to avoid this but as they have been the most seriuos buyer we don't want to lose them in this market....

    Of course horse will be shipped via commercial shippers, insured during trial period & deposit taken.

    Thank you so very much in advance!!!
    "You're horse is behind the vertical!"
    "Of course he's behind the vertical, I haven't jumped it yet!"
    - NLK
    "I am a sand dancer... just here for the jumps!" - Schrammo
    www.nshaonline.org



  2. #2
    Join Date
    Oct. 23, 2004
    Location
    Southeast
    Posts
    1,511

    Default

    Try posting this in the Hunter/Jumper forum, you might get even more sample contracts.
    "You gave your life to become the person you are right now. Was it worth it?" Richard Bach



  3. #3
    Join Date
    Sep. 21, 2007
    Location
    SF Bay Area
    Posts
    1,089

    Default

    You might find these sample forms helpful:

    http://bayequest.info/static/forms/
    "Reite dein Pferd vorwärts und richte es gerade.” Gustav Steinbrecht



  4. #4
    Join Date
    Aug. 24, 2007
    Location
    Central VA
    Posts
    199

    Default

    Sent you an email!




  5. #5
    Join Date
    Oct. 15, 2010
    Posts
    205

    Default

    I don't know how much your friend is asking for his horse, but I'd be very careful about with using form contracts. If the horse is "higher" priced, I'd suggest getting a form from somebody like:
    http://www.equinelegalsolutions.com/...withtrial.html

    While you have to pay for the form, I think the attorney will talk with you (or your friend in this case) and make sure that the contract is set up in a way that your friend and the potential buyer are both on the same page. I'm a non-equine attorney and have still been involved in more trial periods gone bad than you'd believe. And every. single. time. the reason the dispute ends up on my desk is because the buyer and seller didn't really hash out the expectations each side has AND those expectations weren't indicated in the contract.

    I'd be especially careful about details such as when the horse can be returned to the seller (i.e. what constitutes "not suitable for dressage, eventing etc), and what happens with the security deposit if the horse is returned (does the seller get to keep some of it since they gave up other possible sales while the horse was away, does the buyer get it all back). I'd also make sure that the potential buyer agrees (in the contract again) to release any medical reports/records related to the horse in the case that they decide against the horse and return it.

    I don't mean to sound so negative, or against trial periods (I did trial period on every horse I've ever purchased and think they are really useful), but I've seen several potential buyers take advantage of a seller willing to do a trial period.



  6. #6
    Join Date
    Jan. 22, 2008
    Location
    The eastern edge of the eventing wasteland
    Posts
    518

    Default

    THANK YOU all.

    Will let you know how it goes....
    "You're horse is behind the vertical!"
    "Of course he's behind the vertical, I haven't jumped it yet!"
    - NLK
    "I am a sand dancer... just here for the jumps!" - Schrammo
    www.nshaonline.org



  7. #7
    Join Date
    Jul. 16, 2003
    Location
    Guthrie, OK
    Posts
    1,602

    Default

    We have done some trial periods, very successfully. The last one was a nightmare and I almost never got the horse back.

    Here is what I learned:
    Put it ALL in writing.
    Who is responsible for what. Including shoeing, medical care, etc
    Who pays to ship him to/from?
    For how long, ie a returned by date, and what happens if the date isn't met.
    Any care instructions. My horse was to NOT be turned out with other horses yet came back to me with bite and kick marks from the horse he was turned out with.
    What feed, hay, etc. Any supplements?
    What they can or cannot do with him, ie show, have other people ride him, etc.
    What exactly you are sending with him.
    Take pictures.
    Cash the deposit check when you get it. And tell them you are doing it. Put it an escrow sort of account. If something happens they can't stop payment on it after the something has happened.
    YOU get the insurance on him. That way the insurance company pays YOU if something were to happen. If the insurance is theirs, the claim will get paid to them, not you.
    Micro chip him.



  8. #8
    Join Date
    Jun. 30, 2009
    Posts
    6,998

    Default

    When the horse leaves the state, it's wise to have the purchase price in an escrow account - a few local horses have "disappeared" while out on trial & local police have been less than interested in assisting

    OTOH I know someone who is very active in a Western community where trials are commonplace - sometimes purchace price is paid upfront, other times it's just a hand shake deal.



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