[SportNCurls]

I need help in placing a welcome home policy in a contract, that states that I'd gladly take my horse back if the buyer cannot keep it ( for all my horses/ponies), or if I am unable to due to unforseen future evnts.. at least I can offer, within reason, any help I can. This particular horse, that I am presently selling, I'd Also like to include a first right of refusal that allows me chance to buy her back if the buyer decides she wants/ needs to sell, and is not in a dire need as the welcome home policy would imply..

help??

[sportnhorse]

My contract is pretty simple, I want to be informed in writing of the Purchaser's intention to permanently part with the horse for any reason whatsoever. Once notice has been given to me, a new contract can be drawn up for re-purchase or re-homing, depending upon which is relevant. Hope it helps a bit.

..The Purchaser also agrees that he / she shall inform the Seller by Registered Mail of their intention to sell or part with the horse for any reason should the Purchaser ever need to, and hereby gives the Seller first refusal on the purchase of the horse, and gives the Seller 30 days from receipt of Registered Mail to respond...

[mbm]

have folks actually had good luck with a first right of refusal contracts? do people actually abide by them?

[S A McKee]

have folks actually had good luck with a first right of refusal contracts? do people actually abide by them?

They don't seem to be binding.
If you get an offer at a show for XXX$$ nobody will bother going back to the breeder to see if they will match the price. The breeder isn't going to match a mid 5 figure offer anyway LOL. 30 days for the breeder to decide ? Not happening if I have a cash offer in hand.
If the horse needs a retirement place that's something else.

[Wayside]

have folks actually had good luck with a first right of refusal contracts? do people actually abide by them?

I tried to once, but the seller had moved so the contact info I had on him was no good, and he had an extremely common name. Never did manage to track him down. Though I adored that horse, so I actually ended up leasing the horse out for a while instead of selling him, and he came back to me to retire, so it ended up being a moot point.

[Backstage]

As a purchaser, I would have real concerns about how this sort of clause was worded. Personally, if I can reach the breeder, I'm more than happy to offer them first dibs when the sale is planned. Its pretty easy to send a letter or call and let them know that Pookie is going to be advertised at $X price. The chances of a buyer making an immediate offer aren't terribly high, and the previous owner/breeder would likely have some time to consider the offer. Might not be willing to commit to 30 days though!

On the other hand, how would it work in situations where the buyer makes an offer at a show, i.e. before the horse is even advertised. If the buyer wants to vet and take home the horse asap, I certainly wouldn't want to kill the deal while waiting for the breeder to give it up to 30 days consideration.

Or, worse, if the breeder passes at $X but there are issues on the PPE and the potential buyer is now offering a reduced amount, do I need to go back to the breeder and offer them the horse at the discounted price? What happens then to the money spent on the PPE by the buyer, who thought they would be purchasing the horse!

Good in theory, but these clauses seem to have some pretty serious practical issues.

[JackSprats Mom]

Seems impossible to enforce, for example I just purchased a 3.5 year old, sure I can offer her back to the breeder in 5 years but it will be with the added cost of training and care.

So in theory anyone could offer the horse back at 1 million dollars to void the contract.

[rideagoldenpony]

I offer a welcome home policy for anything we have bred. It reads like this:

We have a "Welcome Home" policy for all ponies that we have bred, or are sired by our stallions.
Should an owner ever find themselves in unfortunate circumstances and not able to keep the pony, he or she may be returned to our farm at any time.

I would not, however, personally ever enter into a contract where I was obligated to give someone 30 days to decide if they would/would not purchase an animal back as part of a first right of refusal. That would be a dealbreaker for me.

[sportnhorse]

That's where I am fortunate. I don't overbreed, or breed dozens of horses therefore I can be very picky as to whom I sell my foals to.
Someone not interested in the wellbeing of a foal I produced would not be someone whom I would encourage to purchase one of my foals.
Never had anyone unhappy about signing the agreement, and to date no one has reneged on it.
30 days is not a lifetime, especially in this market, you'd be lucky to get your money in 30 days :/
The biggest criteria is that one knows where the horses one bred are ending up. I think that's the least we as breeders should do. Even if we aren't in a position to purchase them back, or don't want to, we can at least keep track of them to the best of our ability and try and ensure they don't end up in desperate circumstances.
Well, that's my philosophy and so far it's worked.