can anyone help me?

[JadeWisc]

I want to post a contract that I wrote up for my aunt in regards to the purchase of a filly. I would love anyones input on things I may have left out . I aslo would like to know if anyone could look it over for format errors as I am good at wording things, but terrible at layout,spelling, and punctuation..lol
The problem is that the contract has names and adresses on it..am I allowed to do this? Is it even a good idea?
If it is a bad Idea would anyone allow me to PM it to them?

 

[Tia]

Photocopy it and blank out the personal details.

 

[CastleMouse]

Ditto

 

[JadeWisc]

[ QUOTE ]
Photocopy it and blank out the personal details.

[/ QUOTE ]

ok...here it is...input please


PURCHASE AGREEMENT


This document is a contract for the purchase of The black filly (un named) At THE________STABLE . The Filly is described as follows...Black filly born on or near the last week of August 2006. Filly is black in color with no facial markings. Filly has two rear white pastern markings. Filly has been observed by ________ as being in excellent condition on September 6, 2006 and again on September 10, 2006. Filly is grade and comes with no papers of registration.
The agreement for purchase is as follows....__________agrees to purchase filly for $___ from ________________________. ________ may require that the $____price include delivery to her home of _________ safely if she is unable to secure alternate transport. The filly will remain in the care of Mr. and Mrs. _______ and remain at THE____________ STABLE Wisconsin Dells, WI until delivery date and until weaning form her mother.
Mr. and Mrs. _____________ agree to keep the filly in safe clean surroundings with adequate shelter and apart from the rest of the livestock during this time.In this time Mr. and Mrs. _____________ also agree to provide both mare and foal with adequate and appropriate nutrition to maintain both mares milk for the foal and foals growth.Mr. and Mrs. ____________ agree not to separate the filly from the mare until weaning is safe as described by a vet.All costs, care and other non mentioned expenses and duties remain the responsibility of Mr. and Mrs. _____________ until the time of delivery.
A down payment of $____ will be provided by Mrs. _________ upon the return of this form signed and dated. The balance of $_____ will be paid upon delivery of the filly. Delivery will be no later than December 25th 2006 and no sooner than is safe for the foal to be separated from her mother. Foal must be delivered in Excellent and Top condition. She must be healthy and sound or Mr. and Mrs. ___________ agree to refund Mrs. ____________ her down payment in full Immediately and the sale will be terminated immediately.
Mr. and Mrs. _________agree to provide a full vet check for the filly(including but not limited to Strangles testing). Mr. and Mrs. ____________ also agree to have the filly Coggins tested and that the test have negative results. A positive Coggins test will also require immediate refund of the Down payment To Mrs. _________. Both the vet check and Coggins test must be completed prior to November 25th 2006.
Mrs.____________agrees to provide the 5 way vaccines for the filly upon delivery. Mrs. __________ also agrees to provide the worming care for the filly upon delivery unless advised to do so prior form the vet check.
Mrs. __________is allowed access to the filly at any time during period of the filly's stay at THE __________ STABLE Wisconsin Dells WI to observe her condition.
If all of these requirements are met Mrs. ____________ agrees to have a binding contract with Mr. and Mrs. ___________ for the purchase of the filly.


Owner sig._____________________________________________date________________________

Owner sig_____________________________________________date_________________________

Purchaser sig._________________________________________date_________________________

Witness sig____________________________________________date_________________________

 

[Tia]

Personally I would not be happy to sign this if I were the seller. There are a couple of areas which would be open to differing opinions.

[ QUOTE ]
Foal must be delivered in Excellent and Top condition. She must be healthy and sound

[/ QUOTE ] What one person sees as this, another may not.

[ QUOTE ]
All costs, care and other non mentioned expenses and duties remain the responsibility of Mr. and Mrs. _____________ until the time of delivery

[/ QUOTE ] This would be an issue to me too if I was the seller. Surely once the deposit is made all costs relating to the foal should become the responsibility of the future owner?

The risk you take when buying a pre-weaned foal is that you hope all will be well right up to the time the foal is delivered.....however if it isn't, then I am not sure that it should automatically be the responsibility of the seller?

It really is not much different from the horses I have sold this year, in that they all lived here for a few months before moving to their new homes - I was not responsible financially for anything that might have happened to them as they were fundementally only boarding here.....as is your Aunt's foal.

 

[JadeWisc]

Thank you Tia and I undersdtand. But my aunt is rescuing the filly from a not so great situation and she and I felt that if it were worded this way the owners would be more cautious of her care. See my post about "I wish I had never gone" from Monday. you will see the pics. This is not a normal situation where a filly is in a nice environment. We just want her to be thought about. I wanted my aunt to try to see about the mare and foal staying at her property untillweaning, but she thought that was too much of a liability and may be bad for her other horses health. I really want this to work out...because I feel so bad for the baby.
the man owns a riding stable and bought the mare for that not knowing she were in foal. When she had her the man actually used these words to my aunt " you can have her, she is worth nothing to me" If you read my previous post you will see the details.

 

[Tia]

Ahh sorry, I hadn't read your previous post. Well this does change things - it may help the man to take good care of the foal then. In this situation then I think your contract is perfectly reasonable. Good luck with the baby.

 

[JadeWisc]

Thank you Tia..your advice means alot to me

 

[Tia]

My pleasure

, however others may spot things that I haven't.

Hope everything goes smoothly and foaly arrives fit and well.

 

[4whitesocks]

Only thing I spotted was a typo (sorry am very anal!!) instead of "until weaning form her mother" it should be 'from'!

 

[eohippus]

________ may require that the $____price include delivery to her home of _________ safely if she is unable to secure alternate transport.

I would make a definate decision on whether there is or is not delivery and not state 'may' as this may cause a discrepancy later on.

agreed with what Tiaribbon mentions.

also in regards to:
Foal must be delivered in Excellent and Top condition. She must be healthy and sound or Mr. and Mrs. ___________ agree to refund Mrs. ____________ her down payment in full Immediately and the sale will be terminated immediately.


you could say ''be delivered subject to a final check by independant vet (or other) to ensure that filly is in satisfactory condition, subject to sale agreement.''

I would also put in the dam and sire of the filly as part of the description and include more description, ie whorls to add to identity. Make sure you put in the exact date of birth, the owners should know this.

Hope this helps
Dawn

 

[JadeWisc]

[ QUOTE ]
Only thing I spotted was a typo (sorry am very anal!!) instead of "until weaning form her mother" it should be 'from'!

[/ QUOTE ]

Oh. no, you are not being anal...I wanted people to find my flaws

 

[JadeWisc]

I agree about the definite wording of this(hauling). I had it that way in the original but my aunt asked that I changed it to "may" lol she wanted it to remain negotiable as she didnt want to "rock the boat" of requests too much..lol

 

[Tia]

[ QUOTE ]
I would also put in the dam and sire of the filly as part of the description and include more description, ie whorls to add to identity

[/ QUOTE ]

That's an excellent point. I thought about that earlier but then forgot ....... I'm at that age you know!

 

[JadeWisc]

He bought the mare at an auction.She has no papers. He did not know she was bred. has no idea who the stallion is. I can re word it with a description of the mother. That is a very good idea.

 

[JadeWisc]

Oh...and perhaps print on it the pic that I took of them?????

 

[Tia]

Yes!! And next time you are there take lots and lots of photos of any markings and oddities.

 

[MagicMelon]

You can get these types of documents off the internet if you search. I get my purchase and sale documents off there, change whatever needs to be changed and print off two copies (one for me to sign, one for them).