• Welcome to the Chronicle Forums.
    Please complete your profile. The forums and the rest of www.chronofhorse.com has single sign-in, so your log in information for one will automatically work for the other. Disclaimer: The opinions expressed here are the views of the individual and do not necessarily reflect the views and opinions of The Chronicle of the Horse.



Forum rules and no-advertising policy

As a participant on this forum, it is your responsibility to know and follow our rules. Please read this message in its entirety.

Board Rules

1. You’re responsible for what you say.
As outlined in Section 230 of the Communications Decency Act, The Chronicle of the Horse and its affiliates, as well Jelsoft Enterprises Ltd., the developers of vBulletin, are not legally responsible for statements made in the forums.

This is a public forum viewed by a wide spectrum of people, so please be mindful of what you say and who might be reading it—details of personal disputes are likely better handled privately. While posters are legally responsible for their statements, the moderators may in their discretion remove or edit posts that violate these rules. Users have the ability to modify or delete their own messages after posting, but administrators generally will not delete posts, threads or accounts upon request.

Outright inflammatory, vulgar, harassing, malicious or otherwise inappropriate statements and criminal charges unsubstantiated by a reputable news source or legal documentation will not be tolerated and will be dealt with at the discretion of the moderators.

2. Conversations in horse-related forums should be horse-related.
The forums are a wonderful source of information and support for members of the horse community. While it’s understandably tempting to share information or search for input on other topics upon which members might have a similar level of knowledge, members must maintain the focus on horses.

3. Keep conversations productive, on topic and civil.
Discussion and disagreement are inevitable and encouraged; personal insults, diatribes and sniping comments are unproductive and unacceptable. Whether a subject is light-hearted or serious, keep posts focused on the current topic and of general interest to other participants of that thread. Utilize the private message feature or personal email where appropriate to address side topics or personal issues not related to the topic at large.

4. No advertising in the discussion forums.
Posts in the discussion forums directly or indirectly advertising horses, jobs, items or services for sale or wanted will be removed at the discretion of the moderators. Use of the private messaging feature or email addresses obtained through users’ profiles for unsolicited advertising is not permitted.

Company representatives may participate in discussions and answer questions about their products or services, or suggest their products on recent threads if they fulfill the criteria of a query. False "testimonials" provided by company affiliates posing as general consumers are not appropriate, and self-promotion of sales, ad campaigns, etc. through the discussion forums is not allowed.

Paid advertising is available on our classifieds site and through the purchase of banner ads. The tightly monitored Giveaways forum permits free listings of genuinely free horses and items available or wanted (on a limited basis). Items offered for trade are not allowed.

Advertising Policy Specifics
When in doubt of whether something you want to post constitutes advertising, please contact a moderator privately in advance for further clarification. Refer to the following points for general guidelines:

Horses – Only general discussion about the buying, leasing, selling and pricing of horses is permitted. If the post contains, or links to, the type of specific information typically found in a sales or wanted ad, and it’s related to a horse for sale, regardless of who’s selling it, it doesn’t belong in the discussion forums.

Stallions – Board members may ask for suggestions on breeding stallion recommendations. Stallion owners may reply to such queries by suggesting their own stallions, only if their horse fits the specific criteria of the original poster. Excessive promotion of a stallion by its owner or related parties is not permitted and will be addressed at the discretion of the moderators.

Services – Members may use the forums to ask for general recommendations of trainers, barns, shippers, farriers, etc., and other members may answer those requests by suggesting themselves or their company, if their services fulfill the specific criteria of the original post. Members may not solicit other members for business if it is not in response to a direct, genuine query.

Products – While members may ask for general opinions and suggestions on equipment, trailers, trucks, etc., they may not list the specific attributes for which they are in the market, as such posts serve as wanted ads.

Event Announcements – Members may post one notification of an upcoming event that may be of interest to fellow members, if the original poster does not benefit financially from the event. Such threads may not be “bumped” excessively. Premium members may post their own notices in the Event Announcements forum.

Charities/Rescues – Announcements for charitable or fundraising events can only be made for 501(c)(3) tax-exempt organizations. Special exceptions may be made, at the moderators’ discretion and direction, for board-related events or fundraising activities in extraordinary circumstances.

Occasional posts regarding horses available for adoption through IRS-registered horse rescue or placement programs are permitted in the appropriate forums, but these threads may be limited at the discretion of the moderators. Individuals may not advertise or make announcements for horses in need of rescue, placement or adoption unless the horse is available through a recognized rescue or placement agency or government-run entity or the thread fits the criteria for and is located in the Giveaways forum.

5. Do not post copyrighted photographs unless you have purchased that photo and have permission to do so.

6. Respect other members.
As members are often passionate about their beliefs and intentions can easily be misinterpreted in this type of environment, try to explore or resolve the inevitable disagreements that arise in the course of threads calmly and rationally.

If you see a post that you feel violates the rules of the board, please click the “alert” button (exclamation point inside of a triangle) in the bottom left corner of the post, which will alert ONLY the moderators to the post in question. They will then take whatever action, or no action, as deemed appropriate for the situation at their discretion. Do not air grievances regarding other posters or the moderators in the discussion forums.

Please be advised that adding another user to your “Ignore” list via your User Control Panel can be a useful tactic, which blocks posts and private messages by members whose commentary you’d rather avoid reading.

7. We have the right to reproduce statements made in the forums.
The Chronicle of the Horse may copy, quote, link to or otherwise reproduce posts, or portions of posts, in print or online for advertising or editorial purposes, if attributed to their original authors, and by posting in this forum, you hereby grant to The Chronicle of the Horse a perpetual, non-exclusive license under copyright and other rights, to do so.

8. We reserve the right to enforce and amend the rules.
The moderators may delete, edit, move or close any post or thread at any time, or refrain from doing any of the foregoing, in their discretion, and may suspend or revoke a user’s membership privileges at any time to maintain adherence to the rules and the general spirit of the forum. These rules may be amended at any time to address the current needs of the board.

Please see our full Terms of Service and Privacy Policy for more information.

Thanks for being a part of the COTH forums!

(Revised 1/26/16)
See more
See less

Complicated sales agreement questions....

  • Filter
  • Time
  • Show
Clear All
new posts

  • Complicated sales agreement questions....

    I could use some advice. I am currently trying to sell a bred broodmare and two of her offspring in order to take a break from breeding for personal reasons. The mare is our best mare and I am only letting her go because she is turning 18 and really should be bred for her remaining years since she is a rare pinto ELITE KWPN mare with great credentials and bloodlines. I was hoping to sell her before we get too close to foaling time so I don't have to deal with foaling out, rebreeding, handling the foal, taking foal to keuring, and weaning before the mare is able to leave the farm. She is due the beginning of June, so time is running out. I had been offering her and her pinto UB40 daughter and the Bretton Woods in-utero foal as a package deal to breeders just to get the herd numbers down quicker.

    I have had some interest, but my most serious buyer won't have the funds until June. She really wants the package and has shown interest in the filly since seeing her at last falls keuring. She now seems most interested in the in-utero foal but says she still wants the 3 in 1 package.

    I had been hoping to just sell without any complications, but as time gets shorter as far as transporting a pregnant mare, I find myself wondering if there is something I can do with this buyer who seems committed but just has to wait for the funds.

    As much as I want to get some horses gone soon, I cannot risk letting them leave the farm without a full payment, so that seems to lock me into foaling the mare out before the buyer has funds. Also once the foal is born, the package deal is too low in price. There is a big difference in an in-utero purchase vs. a live foal. She is located only 5 hours away so I think we could deliver the mare and foal 1-2 months later, so that is a plus. Also I told her I would take the mare back once she retired, which she liked.

    My thought would then be to sell the mare rebred and with her new BW foal for the package price and if she wants the UB40 filly it is a separate price now. If she decided she didn't want the BW foal, that would lock me into keeping the mare till late fall after weaning, and would be harder to get her sold going into winter and bred to a stallion that might not appeal to all buyers.

    Questions: if I decided to work something out with this buyer to keep the mare here and foal her out and then rebred and sell them as a package...what does that look like? I could ask for a 10% non refundable deposit and then have her make a few payments with a balloon payment in June when she gets her funds. BUT where it gets complicated...what if the mare, foal or mare and foal die? What if she aborts? What if I can't get her pregnant? What if the foal fails to be what she wanted/expected? What if foal gets seriously injured before its delivered? Etc.... I mean it's horses...things happen. AND buyers can change their minds easily or back out. I want to be fair but with the least amount of risk possible.

    Any advise or experiences would be greatly appreciated!

  • #2
    Get an insurance policy if possible to cover the value of the mare and foal. That's what I would do.


    • #3
      Establish a non-refundable deposit amount that makes it worth the wait for the funds. Typically in this type of situation, once the contract is in place and some form of consideration is made (ie. down payment and note payable executed), risk passes to the buyer. I would specifically state that in the contract. I would add a contract provision that the buyer is to take out insurance on each horse involved and the in utero, and to provide you proof of the insurance with you listed as primary beneficiary and her as secondary beneficiary until such time as the note payable is fully paid. I think the buyer would also need to pay you board and foaling services as part of the contract to compensate you for the additional loss of feed, time, etc. If the buyer doesn't want to pay that and you are fine with that, then write it up with a reduced price plus an amount equal to fee for services that nets to the agreed-upon price. The key is to establish 1) consideration for contract to make it binding, and 2) establish passage of title/risk to the buyer to also make it binding. I would have a lawyer write this up for you, don't go to legalzoom and expect the contract to have you adequately covered.

      This is all standard stuff in car purchase agreements, home sales, etc. but often people neglect to cover their bases in horse sales. If you look at it that way, it isn't that unusual a contract and the buyer should be willing to meet those terms with no problem. If they aren't, I'd look elsewhere for a buyer. A truly committed buyer with a guaranteed source of funds should have no problem with those terms.

      If you get an adequate deposit and are paid for board and foaling services, then if buyer backs out on the deal you'll at least be compensated for the lost time.


      • #4
        Tough one. I would be sure you can get insurance on an 18 y.o. mare; the last I looked, 16 was the last year, although I know things can change. Foals have to be on the ground, at least, for a month or more, so it is a distinct possibility that neither the mare nor her inutero are insurable, leaving just the foal at side to insure. You could try for at least a 10% deposit, non-refundable, payments, but as far as the foal not being what she expected, etc., I see that as a downside to selling any inutero. I think most inutero contracts specify that the deposit is refundable if something happens to the foal, etc., and once the mare has foaled, it is a different situation. What about selling on deposits/payments this trio, at your low price, which puts some risk on the buyer because she might not like the foal, or it is born with issues/mare died, but if all is good, she gets a great price? In other words, it is the same deal, no breed-back, risky, but if you can't insure, or sell to a different buyer, you are going to have to work with what you have, only you foal out and deliver when they can move, say a couple of weeks after birth, if all goes well. As the previous poster said, get a big enough deposit that it covers some compensation to you if he backs out.
        Mystic Owl Sporthorses


        • #5
          Please read the recent article I wrote and make sure you protect yourself. www.equineappraisers.com/sellingonpayments.html
          Home of Welsh Cob stallion Goldhills Brandysnap
          Also home to Daventry Equine Appraisals & Equine Expert Witness


          • Original Poster

            Thanks everybody for the advise! Super helpful!