Sales agreement contract

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emin20

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Hi all,

Has anyone signed a sales agreement contract? The main point of the contract is saying that we are happy buying him in the condition he is in and that the seller is not to be held liable for any claims. Obviously I understand this is standard, but is a little interesting as to why she needs it in writing. We are buying from a private seller. I’ve never had to sign one in the past, and she says it’s simply for documentation of the sale. Thanks.
 
emin20 said:
Hi all,

Has anyone signed a sales agreement contract? The main point of the contract is saying that we are happy buying him in the condition he is in and that the seller is not to be held liable for any claims. Obviously I understand this is standard, but is a little interesting as to why she needs it in writing. We are buying from a private seller. I’ve never had to sign one in the past, and she says it’s simply for documentation of the sale. Thanks.
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I don't think it is standard practice. Have you had the horse vetted (independently)
 
ycbm said:
I wouldn't be happy with that wording. I would ask her to change it to "sold as seen and tried", which was the wording I always used on selling.
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I used to put:
Sold as seen and tried, with/without veterinary inspection, with/without independent expert opinion.
XYZ has not shown any recognised vices such as weaving, cribbing and list all.
Then I'd put: xyz (registered name of pony/horse) whose registration number is 123 with abc breed society is sold to Mrs blah of that there address on today's date, payment received in full of ££'s.
My sig and address,the date.

OP, just no, I'm smelling a huge rat...
 
The Fuzzy Furry said:
I used to put:
Sold as seen and tried, with/without veterinary inspection, with/without independent expert opinion.
XYZ has not shown any recognised vices such as weaving, cribbing and list all.
Then I'd put: xyz (registered name of pony/horse) whose registration number is 123 with abc breed society is sold to Mrs blah of that there address on today's date, payment received in full of ££'s.
My sig and address,the date.

OP, just no, I'm smelling a huge rat...
Click to expand...
Yes I agree honestly. There are so many unnecessary things in the contract, overall emphasising that affectively he is now our problem and she holds no liability at all. There are terms which are impossible to agree to, such as us being “fully aware” of its condition. We didn’t get it vetted since she reduced the price massively for a quick sale, so we aren’t even fully aware of its condition. That was my first huge red flag, and now this agreement, just rings so many alarm bells! Needless to say have decided against it…
 
emin20 said:
Yes I agree honestly. There are so many unnecessary things in the contract, overall emphasising that affectively he is now our problem and she holds no liability at all. There are terms which are impossible to agree to, such as us being “fully aware” of its condition. We didn’t get it vetted since she reduced the price massively for a quick sale, so we aren’t even fully aware of its condition. That was my first huge red flag, and now this agreement, just rings so many alarm bells! Needless to say have decided against it…
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Very wise.
 
The Fuzzy Furry said:
I used to put:
Sold as seen and tried, with/without veterinary inspection, with/without independent expert opinion.
XYZ has not shown any recognised vices such as weaving, cribbing and list all.
Then I'd put: xyz (registered name of pony/horse) whose registration number is 123 with abc breed society is sold to Mrs blah of that there address on today's date, payment received in full of ££'s.
My sig and address,the date.

OP, just no, I'm smelling a huge rat...
Click to expand...
I did a “buyers” agreement similar to this
 
emin20 said:
Yes I agree honestly. There are so many unnecessary things in the contract, overall emphasising that affectively he is now our problem and she holds no liability at all. There are terms which are impossible to agree to, such as us being “fully aware” of its condition. We didn’t get it vetted since she reduced the price massively for a quick sale, so we aren’t even fully aware of its condition. That was my first huge red flag, and now this agreement, just rings so many alarm bells! Needless to say have decided against it…
Click to expand...


From that I think you've made a wise choice to walk away!
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Firstly, I’ve never used or signed a sales contract and would say their uses are not common. Having not seen what is in your contract I won’t comment on that.

What I will do though is relay a recent incident a friend of mine had. They sold a horse under their business. The sale was genuine. The horse could be a little quirky but friend was very careful in describing horse and screened potential buyers very carefully.

Horse sold. Buyer did a couple of dumb things. Horse got nervous and lost trust in buyer. Friend tries to help but buyer won’t let them. Few months later friend receives solicitors letter. Things escalated, buyer got really shitty and reported friend to trading standards. Friend ended up having a 3 hour face to face interview with TS! TS cleared friend of all wrong-doing with no further action. However TS advised two things. 1) friend should introduce a contract of sale for all future sales rather than the receipt friend used. 2) The term sold as seen (which friend had used) should not be used. Friend has always done this as it’s the ‘done thing’!
 
If selling as a business then the consumer rights act applies as it would for any goods so I think seller should have a contract and a very good record of the horse on the day it was sold given the rights that exist for return.
 
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