Horse sale agreement

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littleangel

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Hi can anyone offer me some advice, I’ve just accepted an offer for my hunter and the seller has requested we have a written agreement as were out of the hunting season for his “suitability for hunting, has a good temperament and is a safe and sensible ride”. I know he is all of these but am unsure where I stand if anything were to happen as one persons definition could be quite different to another and I don’t think anyone could say any horse was 100% safe as it’s a high risk hobby. I have had him for 4 years and have hunted regularly with him safely within that time, I have offered to supply references from my hunt but they still want a written agreement. Where would I stand if they said in November he was not fit for purpose, would I have to take him back as anything could of happened to him in 6 months? They do offer a knowledgeable 5* home which I would love my horse to go to.
Please can someone point me in the right direction, I am a private seller who is inexperienced at this many thanks.
 
Also no experience so this may sound like a silly idea but could you write it into the agreement that although he has been a good, safe hunter for you, the new owner recognise that horses take time to settle and can never be trusted 100%... And then give references from the hunt also?

Don't know if this will help...
 
I would b cautious as anything could happen between now and then! Although to uphold something like that they would have to Perdue it if u delcined to have him back (which would cost them), and I doubt very much that it would go in their favour in court due to the time lapse, and therefore if he was then unsuitable the likely hood by then that they may have caused it.
Refs from hunt Mayb usefull to all as would also support u if New owners complained at a later date! X
 
This is difficult and I think you need qualified advice but if it where me I would put in terms like in the x years this horse has been with me he has etc etc .
A lot can happen to a horse between now and November to spoil its behaviour and it's a big risk if you sell to these people I would brace yourself for the possibility that they may seek to return him come the hunting season how much do you know about them? Are they experianced?
or perhaps they are not the right buyers or have they had there fingers burned in the past.
With horses it's difficult to be definitive about behaviour as bad riding or management can spoil a horse quickly also in hunters one mans strong bold hunter is anothers unmanageable nutter a difficult one for you OP .
 
Do you have free legal advice with your insurance? (I have NFU and they offer a free legal helpline) - I bet they could give you some appropriate wording. Maybe it would be worth calling BHS, too?
 
Everyone rides differant. I'd be careful. As the new owner won't be as confident as you when on the horse. Alot can happen. Just put Has hunted. Sold as seen and tried on x date. No returns
 
I wouldn't depends how they feed the horse, ride the horse so I would do a sold as seen as suggested above.
 
I would just put the horse was ridden by buyers an approved somewhere in there to cover your back
 
If the new owner is the new rider then you should have some idea how competent they were when they tried it.
Having said that, my understand is that "A Good Hunter" is a warranty in itself, that a good rider will be safe crossing natural obstacles, good in company. To state it "has seen hounds" or "has been hunted" is less inspiring, but "has hunted four seasons with xxx hunt" seems a good enough warranty.
To me, it is up to the buyer to decide if he is competent enough to ride the horse, if he is obviously a beginner, he needs a schoolmaster hunter.
You cannot give any sort of long term guarantee, if they want to try him out in the short term they could do hunter trials, but an injury could occur on the day they take him home, and any to some extent, vetting is only good on the day of vetting.
Sorry if this has not helped, but I have never asked for a long term guarantee on any horse, I would not expect to return a horse after six months. There is no reason why it cannot be ridden and tried in the first few weeks of ownership, or preferable at the current owners premises, before money changes hands.
If the warranty is a condition of sale, I would certainly keep it short and simple, making it clear that the horse is a good horse in good hands, but is not a schoolmaster hunter.
 
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Bear in mind that some horses will not put a foot wrong with some people, but that certainly doesn't mean that they will do the same for somebody else, plus the fact a horse can very soon be spoilt in weeks let alone months, no if it were me and I thought something of the horse, I would not sell it to them, especially if they were not willing to except a reference from your hunt !
 
I've never sold a horse but, as a buyer, I find that remarkably cheeky of them. I'd be as wary as everyone else has suggested...your buyer may not be thinking this but they're essentially asking for a 6 months guarantee. The horse has hunted regularly with you; how he performs with them is subject to so many variables out of your control. I'd definitely seek legal advice if I were you - they're asking for a written agreement on very subjective things for a reason ;)
 
Well I sought legal advice today, was advised not to sign anything as it would stand as a contract, so i have refused to offer anything other than references, they have pulled out - i am relieved - thanks for all your help much appreciated
 
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