DRAFT PAGE
Rehoming a horse? Here are some important tips and documents to consider.
Guide for Selling or Adopting Out a Horse:
By following these best practices and addressing common questions and concerns, you can increase your chances of selling or adopting out your horse successfully while ensuring a positive experience and protection for the horse.
- Prepare the Horse:
- Ensure the horse is in good health and physical condition.
- Address any veterinary issues and ensure vaccinations and deworming are up to date.
- Groom the horse well to present it in the best possible light.
- Gather Documentation:
- Gather all relevant documentation such as registration papers, health records, and proof of ownership.
- Document the horse's training history, competition records (if any), and any relevant achievements.
- Set a Realistic Price:
- Research the market to determine a fair and realistic price for the horse based on factors such as breed, age, training level, and temperament.
- Consider obtaining a professional appraisal if needed.
- Advertise Effectively:
- Take high-quality photos and videos of the horse from various angles, showcasing its conformation, movement, and temperament.
- Write a detailed and accurate description highlighting the horse's qualities, training level, temperament, and any special skills or accomplishments.
- Utilize online platforms such as horse sales websites, social media, and local classifieds to reach potential buyers.
- Consider creating a professional website or online portfolio for the horse.
- Be Transparent:
- Disclose any known health issues, behavioral quirks, or vices to potential buyers.
- Provide full disclosure about the horse's training history, previous injuries, and any limitations it may have.
- Arrange Viewings and Trials:
- Schedule viewings for interested buyers and allow them to spend time interacting with the horse.
- Offer trial periods for serious buyers to assess compatibility between the horse and rider.
- Negotiate and Finalize the Sale:
- Be prepared to negotiate the price and terms of the sale.
- Once a buyer is found, draft a written sales contract outlining the terms of the agreement, including price, payment schedule, and any conditions of sale.
- Ensure all necessary paperwork is completed and signed, including transfer of ownership documents.
- Protection of the Horse:
- Draft a detailed sales or adoption contract that outlines the terms and conditions of the agreement.
- Specify the responsibilities of both the seller/adopter and the buyer, including payment terms, care obligations, and conditions of sale.
- Establish a plan for regular follow-up with the new owner or adopter to ensure the horse's ongoing well-being.
- Trust but verify the information provided by the new owner or adopter through veterinary references and site visits.
- Offer post-sale or post-adoption support, including guidance on horse care and resources for finding reputable equine professionals.
By following these best practices and addressing common questions and concerns, you can increase your chances of selling or adopting out your horse successfully while ensuring a positive experience and protection for the horse.
Sample Bill of Sale
**Legal Disclaimer**
Mareworthy Charities Inc. is providing this Conditional Bill of Sale and Purchase Agreement template as a courtesy to assist individuals and organizations in the process of selling horses. By using this template, you agree to the following terms:
1. **No Liability**
Mareworthy Charities Inc. does not assume any liability or responsibility for any legal or other consequences resulting from the use of this template. It is provided "as is" without warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
2. **Legal Advice**
This template is not intended to serve as legal advice. Users of this template should consult with their own legal counsel to ensure that their specific circumstances and the laws of their jurisdiction are adequately addressed.
3. **User Responsibility**
It is the responsibility of the user to modify the template as necessary to comply with all applicable laws and regulations. Mareworthy Charities Inc. is not responsible for any modifications made to this template or for any consequences that arise from the use of this template.
4. **Indemnification**
By using this template, you agree to indemnify, defend, and hold harmless Mareworthy Charities Inc. and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees and costs) arising out of or in any way connected with your use of this template.
---
# Conditional Bill of Sale and Purchase Agreement
This Conditional Bill of Sale and Purchase Agreement is made and entered into as of the last date listed below, by and between the seller (hereinafter “Seller”) and the person signing below (hereinafter “Buyer”).
1. **Purchased Horse**
Buyer hereby purchases the horse identified in this Paragraph subject to all the terms and conditions of this Agreement.
- Horse Name: _________________________________
- Tattoo, Microchip, or Registration Number: ________________________
2. **Sale Fee**
Buyer shall pay Seller a one-time “Sale Fee” of $___________, which sum shall be due and payable upon execution of this Agreement by both parties hereto.
3. **Title, Liability, and Risk of Loss**
Title, Risk of Loss, and Liability with respect to the Purchased Horse shall pass to the Buyer upon receiving physical possession of the Purchased Horse and upon accepting possession thereof, or through its transportation agent. Buyer does hereby indemnify and hold harmless Seller with respect to all claims whatsoever related to the Purchased Horse, including, but not limited to, its reasonable attorneys' fees incurred in connection with the response to or defense of any such claim. Buyer shall be solely responsible for transportation and costs thereof for the removal of the Purchased Horse from Seller’s premises and for obtaining a valid health certificate prior to such transport.
4. **Reporting/Inspection Term of Agreement**
The parties hereby agree that the “Probation Period” for purposes of Buyer Reports and Inspection shall be for a period of 12 months from the date of execution of this Agreement. During the Probation Period of this Agreement Buyer agrees to provide:
- **Update Reports**: As requested by Seller (and within seven (7) days of serious injury, illness, or death of the Purchased Horse), Buyer shall provide a written update report to Seller which shall include:
- A current body photograph of the Purchased Horse without blanket or tack taken within 15 days of submission.
- A narrative description of the Purchased Horse’s progress and condition and any additional information requested by Seller.
- Complete information concerning any change in the boarding facility, horse location, Buyer address, email, phone number.
- In the event of serious injury, illness, or death, a complete signed veterinary report.
- **Information/Inspections**:
- Upon seven (7) days notice from Seller, Buyer shall provide copies of any veterinary records, receipts, or reports concerning the Purchased Horse.
- Buyer shall provide fourteen (14) days advance written notice to Seller prior to relocating the Purchased Horse.
- Buyer expressly authorizes Seller representatives to inspect the Purchased Horse at any time, at any location, including but not limited to, any private stable location.
5. **Prohibited Acts/Sale of Horse**
Buyer expressly agrees that the Purchased Horse shall not be placed in training as a racehorse, entered into a race, be offered for sale at public auction, be sold directly or indirectly for the purpose of slaughter, or be used as a means of transportation on any public roadway. Buyer shall NOT have the right to sell/re-home the Purchased Horse to a third party except under these conditions:
- It is beyond the 12 Month Probationary Period set forth above and all Updates (details in Section 4) have been submitted and confirmed received by Seller.
- Written Notice of a proposed sale is immediately provided to Seller which contains the terms and conditions of a bona-fide third-party offer (“Offer”) and Seller shall have the right, but not the obligation, to purchase the Horse at the same price as the Offer (“Right of First Refusal”) and Seller shall arrange transportation to a Seller facility.
- Seller upon receiving the above notice declines its Right of First Refusal.
- The third party must complete a written Agreement with Seller agreeing to the conditions of this Agreement.
6. **Standard of Care**
In caring for the Purchased Horse, Buyer shall exercise the degree of care, at a minimum, as set forth in the standards adopted by the Thoroughbred Aftercare Alliance (which are hereby incorporated herein by reference) and available here [Thoroughbred Aftercare Standards](http://www.thoroughbredaftercare.org/code-of-standards/) and shall include customary farrier, worming, vaccination, and nutrition sufficient to maintain the Purchased Horse at a minimum score of 4 on the Henneke Scale [Henneke Body Condition Scoring System](http://www.habitatforhorses.org/the-henneke-body-condition-scoring-system/).
7. **Limited Option of Seller to Void Purchase Agreement**
It is expressly agreed that Seller shall have the right, which is hereby granted, to give written notice to Buyer of the voiding of this Agreement, for any reason, whereupon all right title and interest in the Purchased Horse shall immediately revert to Seller which may immediately retake possession of the Purchased Horse without further legal action and without further legal recourse by Buyer and with no refund of any Sale Fee. Buyer further expressly agrees that Seller shall be entitled to immediate injunctive relief in order to enforce the terms of this paragraph by virtue of there being no other adequate legal remedy for such enforcement. In the event of the exercise by Seller of its rights under this paragraph, Buyer shall be obligated to pay all costs incurred by Seller in enforcing this paragraph, including, but not limited to, its reasonable attorneys fees.
- Seller may, in its sole discretion, conduct random and unannounced visits to inspect the Purchased Horse and its environment.
- If Seller in its sole discretion determines that Buyer is not in compliance with this Agreement or that the Purchased Horse is in an unsatisfactory condition or environment, Seller shall have the right, but not the obligation, to (i) terminate this Agreement; (ii) terminate all interest and rights of possession that Buyer or its assignees may have in the Purchased Horse; and (iii) take possession of the Purchased Horse as provided in 7(iii) below.
- If Seller reclaims possession of the Purchased Horse, the following shall apply:
- No court order shall be required for Seller to enter upon the facility in which the Purchased Horse is kept and to reclaim possession of the Purchased Horse.
- Buyer agrees to indemnify, release, and hold harmless Seller from any and all liability or claims associated with any expenses (including, without limitation; board, veterinary fees, farrier charges, transportation fees) related to possession of the Purchased Horse up to the date that the Purchased Horse is returned to Seller.
- Buyer further agrees to indemnify, hold harmless, and release Seller from any and all liability or claims associated with Seller’s exercising its rights to reclaim the Purchased Horse.
- Buyer shall not be entitled to the return of the Sale Fee.
8. **Warranties and Disclaimers**
Seller hereby warrants and represents that it is the owner of the Purchased Horse and has full right and title thereto for purposes of entering into the terms of this Agreement. Buyer warrants and represents that all information contained in the Purchase Application is true, correct, and complete. SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PURCHASED HORSE, OR ANY OTHER EVENT, COVENANT, CONDITION, OR OCCURRENCE, INCLUDING WITHOUT LIMITATION, THE TEMPERAMENT OR SUITABILITY OF THE PURCHASED HORSE FOR RIDING, ALL OF SUCH WARRANTIES BEING SPECIFICALLY DISCLAIMED. BUYER THEREFORE ACCEPTS THE PURCHASED HORSE ON AN “AS IS” AND “WITH ALL FAULTS” BASIS.
9. **Right to Return the Horse**
The Buyer shall have the right to return the Purchased Horse to Seller at any time without penalty. However, the Buyer shall be solely responsible for all transportation costs incurred in returning the Purchased Horse to Seller. By exercising this right to return the horse, the Buyer forfeits any sale fees paid. Furthermore, Seller will not reimburse the Buyer for any expenses incurred by the Buyer.
10. **Penalty**
Should Buyer default or breach the terms of this Agreement, Buyer shall be obligated to pay $5,000 to Seller in damages within 10 days of notification to Buyer of the breach or default. If Buyer sells the Purchased Horse in violation of this Agreement, Buyer shall
also be obligated to pay Seller an additional $5,000 in damages within 10 days of notification of the breach.
11. **Miscellaneous**
Buyer expressly agrees that it is a breach of this Agreement for any party to make any disparaging or negative comments whatsoever regarding the other party to this Agreement or regarding the Purchased Horse. No change or modification of this Agreement shall be valid unless it is in writing and signed by both parties to this Agreement. This Agreement shall be governed by the laws of the state in which Seller’s principal place of business is located. In the event of any legal action arising from the terms of this Agreement, Buyer agrees that venue and jurisdiction shall be proper only in the county of Seller’s principal place of business. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect and shall not be affected, impaired, or invalidated thereby.
**Entire Agreement**
This Agreement constitutes the entire agreement between the parties and supersedes all previous discussions, promises, representations, agreements, and understandings, whether written or oral, between the parties.
**Seller:**
Name: _________________________________
Signature: _________________________________
Date: _________________________________
**Buyer:**
Name: _________________________________
Signature: _________________________________
Date: _________________________________
---
This template can be adjusted further as needed to fit specific legal requirements or organizational preferences.
Mareworthy Charities Inc. is providing this Conditional Bill of Sale and Purchase Agreement template as a courtesy to assist individuals and organizations in the process of selling horses. By using this template, you agree to the following terms:
1. **No Liability**
Mareworthy Charities Inc. does not assume any liability or responsibility for any legal or other consequences resulting from the use of this template. It is provided "as is" without warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
2. **Legal Advice**
This template is not intended to serve as legal advice. Users of this template should consult with their own legal counsel to ensure that their specific circumstances and the laws of their jurisdiction are adequately addressed.
3. **User Responsibility**
It is the responsibility of the user to modify the template as necessary to comply with all applicable laws and regulations. Mareworthy Charities Inc. is not responsible for any modifications made to this template or for any consequences that arise from the use of this template.
4. **Indemnification**
By using this template, you agree to indemnify, defend, and hold harmless Mareworthy Charities Inc. and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees and costs) arising out of or in any way connected with your use of this template.
---
# Conditional Bill of Sale and Purchase Agreement
This Conditional Bill of Sale and Purchase Agreement is made and entered into as of the last date listed below, by and between the seller (hereinafter “Seller”) and the person signing below (hereinafter “Buyer”).
1. **Purchased Horse**
Buyer hereby purchases the horse identified in this Paragraph subject to all the terms and conditions of this Agreement.
- Horse Name: _________________________________
- Tattoo, Microchip, or Registration Number: ________________________
2. **Sale Fee**
Buyer shall pay Seller a one-time “Sale Fee” of $___________, which sum shall be due and payable upon execution of this Agreement by both parties hereto.
3. **Title, Liability, and Risk of Loss**
Title, Risk of Loss, and Liability with respect to the Purchased Horse shall pass to the Buyer upon receiving physical possession of the Purchased Horse and upon accepting possession thereof, or through its transportation agent. Buyer does hereby indemnify and hold harmless Seller with respect to all claims whatsoever related to the Purchased Horse, including, but not limited to, its reasonable attorneys' fees incurred in connection with the response to or defense of any such claim. Buyer shall be solely responsible for transportation and costs thereof for the removal of the Purchased Horse from Seller’s premises and for obtaining a valid health certificate prior to such transport.
4. **Reporting/Inspection Term of Agreement**
The parties hereby agree that the “Probation Period” for purposes of Buyer Reports and Inspection shall be for a period of 12 months from the date of execution of this Agreement. During the Probation Period of this Agreement Buyer agrees to provide:
- **Update Reports**: As requested by Seller (and within seven (7) days of serious injury, illness, or death of the Purchased Horse), Buyer shall provide a written update report to Seller which shall include:
- A current body photograph of the Purchased Horse without blanket or tack taken within 15 days of submission.
- A narrative description of the Purchased Horse’s progress and condition and any additional information requested by Seller.
- Complete information concerning any change in the boarding facility, horse location, Buyer address, email, phone number.
- In the event of serious injury, illness, or death, a complete signed veterinary report.
- **Information/Inspections**:
- Upon seven (7) days notice from Seller, Buyer shall provide copies of any veterinary records, receipts, or reports concerning the Purchased Horse.
- Buyer shall provide fourteen (14) days advance written notice to Seller prior to relocating the Purchased Horse.
- Buyer expressly authorizes Seller representatives to inspect the Purchased Horse at any time, at any location, including but not limited to, any private stable location.
5. **Prohibited Acts/Sale of Horse**
Buyer expressly agrees that the Purchased Horse shall not be placed in training as a racehorse, entered into a race, be offered for sale at public auction, be sold directly or indirectly for the purpose of slaughter, or be used as a means of transportation on any public roadway. Buyer shall NOT have the right to sell/re-home the Purchased Horse to a third party except under these conditions:
- It is beyond the 12 Month Probationary Period set forth above and all Updates (details in Section 4) have been submitted and confirmed received by Seller.
- Written Notice of a proposed sale is immediately provided to Seller which contains the terms and conditions of a bona-fide third-party offer (“Offer”) and Seller shall have the right, but not the obligation, to purchase the Horse at the same price as the Offer (“Right of First Refusal”) and Seller shall arrange transportation to a Seller facility.
- Seller upon receiving the above notice declines its Right of First Refusal.
- The third party must complete a written Agreement with Seller agreeing to the conditions of this Agreement.
6. **Standard of Care**
In caring for the Purchased Horse, Buyer shall exercise the degree of care, at a minimum, as set forth in the standards adopted by the Thoroughbred Aftercare Alliance (which are hereby incorporated herein by reference) and available here [Thoroughbred Aftercare Standards](http://www.thoroughbredaftercare.org/code-of-standards/) and shall include customary farrier, worming, vaccination, and nutrition sufficient to maintain the Purchased Horse at a minimum score of 4 on the Henneke Scale [Henneke Body Condition Scoring System](http://www.habitatforhorses.org/the-henneke-body-condition-scoring-system/).
7. **Limited Option of Seller to Void Purchase Agreement**
It is expressly agreed that Seller shall have the right, which is hereby granted, to give written notice to Buyer of the voiding of this Agreement, for any reason, whereupon all right title and interest in the Purchased Horse shall immediately revert to Seller which may immediately retake possession of the Purchased Horse without further legal action and without further legal recourse by Buyer and with no refund of any Sale Fee. Buyer further expressly agrees that Seller shall be entitled to immediate injunctive relief in order to enforce the terms of this paragraph by virtue of there being no other adequate legal remedy for such enforcement. In the event of the exercise by Seller of its rights under this paragraph, Buyer shall be obligated to pay all costs incurred by Seller in enforcing this paragraph, including, but not limited to, its reasonable attorneys fees.
- Seller may, in its sole discretion, conduct random and unannounced visits to inspect the Purchased Horse and its environment.
- If Seller in its sole discretion determines that Buyer is not in compliance with this Agreement or that the Purchased Horse is in an unsatisfactory condition or environment, Seller shall have the right, but not the obligation, to (i) terminate this Agreement; (ii) terminate all interest and rights of possession that Buyer or its assignees may have in the Purchased Horse; and (iii) take possession of the Purchased Horse as provided in 7(iii) below.
- If Seller reclaims possession of the Purchased Horse, the following shall apply:
- No court order shall be required for Seller to enter upon the facility in which the Purchased Horse is kept and to reclaim possession of the Purchased Horse.
- Buyer agrees to indemnify, release, and hold harmless Seller from any and all liability or claims associated with any expenses (including, without limitation; board, veterinary fees, farrier charges, transportation fees) related to possession of the Purchased Horse up to the date that the Purchased Horse is returned to Seller.
- Buyer further agrees to indemnify, hold harmless, and release Seller from any and all liability or claims associated with Seller’s exercising its rights to reclaim the Purchased Horse.
- Buyer shall not be entitled to the return of the Sale Fee.
8. **Warranties and Disclaimers**
Seller hereby warrants and represents that it is the owner of the Purchased Horse and has full right and title thereto for purposes of entering into the terms of this Agreement. Buyer warrants and represents that all information contained in the Purchase Application is true, correct, and complete. SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PURCHASED HORSE, OR ANY OTHER EVENT, COVENANT, CONDITION, OR OCCURRENCE, INCLUDING WITHOUT LIMITATION, THE TEMPERAMENT OR SUITABILITY OF THE PURCHASED HORSE FOR RIDING, ALL OF SUCH WARRANTIES BEING SPECIFICALLY DISCLAIMED. BUYER THEREFORE ACCEPTS THE PURCHASED HORSE ON AN “AS IS” AND “WITH ALL FAULTS” BASIS.
9. **Right to Return the Horse**
The Buyer shall have the right to return the Purchased Horse to Seller at any time without penalty. However, the Buyer shall be solely responsible for all transportation costs incurred in returning the Purchased Horse to Seller. By exercising this right to return the horse, the Buyer forfeits any sale fees paid. Furthermore, Seller will not reimburse the Buyer for any expenses incurred by the Buyer.
10. **Penalty**
Should Buyer default or breach the terms of this Agreement, Buyer shall be obligated to pay $5,000 to Seller in damages within 10 days of notification to Buyer of the breach or default. If Buyer sells the Purchased Horse in violation of this Agreement, Buyer shall
also be obligated to pay Seller an additional $5,000 in damages within 10 days of notification of the breach.
11. **Miscellaneous**
Buyer expressly agrees that it is a breach of this Agreement for any party to make any disparaging or negative comments whatsoever regarding the other party to this Agreement or regarding the Purchased Horse. No change or modification of this Agreement shall be valid unless it is in writing and signed by both parties to this Agreement. This Agreement shall be governed by the laws of the state in which Seller’s principal place of business is located. In the event of any legal action arising from the terms of this Agreement, Buyer agrees that venue and jurisdiction shall be proper only in the county of Seller’s principal place of business. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect and shall not be affected, impaired, or invalidated thereby.
**Entire Agreement**
This Agreement constitutes the entire agreement between the parties and supersedes all previous discussions, promises, representations, agreements, and understandings, whether written or oral, between the parties.
**Seller:**
Name: _________________________________
Signature: _________________________________
Date: _________________________________
**Buyer:**
Name: _________________________________
Signature: _________________________________
Date: _________________________________
---
This template can be adjusted further as needed to fit specific legal requirements or organizational preferences.