Contracts And Agreements

The buying and selling of horses should be handled in as much of a businesslike manner as any other transaction. "Horse trading" has been applied to every kind of transaction because of the many ways in which you can be misled in a sale. More than one sharp merchant who never came near a horse has been called a horse trader. Many a lifelong friendship has failed because of a verbal agreement. It may seem harsh to be particular with a friend, but all agreements should be thoroughly discussed and understood before any deal is undertaken. If possible, make a contract and put the agreement in writing with both parties signing. There will then be no doubt and no chance of saying, "I thought you meant..."

Even "friends," or "friends of a friend," have "just the right animal for sale." There are many reasons for getting rid of a horse. "A man must sell a horse and just wants a good home for him and will accept a very reasonable figure. Naturally, the animal is worth more." Beware of such bargains. Because when the horse does not turn out right the "friends of the friend" will suddenly become quite forgetful about the animal and won't remember saying anything. Don't ever commit yourself until you have a chance to examine the horse thoroughly. There are many ways of making a horse seem to step out sound. In some instances sellers have been known to shoot Novocain into a painful leg so that the horse can walk without a limp.

When you buy an animal, have the seller write a description of it and the markings. If buying a papered animal (registered), the markings are on a chart on the back of the pedigree. See that the contract states that the animal is sound and as advertised. A man bought a purebred show horse for his daughter for $3,500. They worked the animal for a week and noticed he constantly stumbled in the figure eight. A veterinarian was called and an X ray showed an old fracture down in the foot among the small bones. In this case the money was returned and the horse went back to the previous owner because the animal had been sold as sound. The seller knew about the injury, but the animal had not been used for months and did not limp in the walk. It was a case where the seller thought the affliction might not show up for some time, maybe too late to look like an old injury.

Another animal was accepted on a sale, but the final contract was not signed or did any money change hands. The following day the animal came down with a case of extreme colic and died a few hours later. In this case there was no transaction consummated so the seller was the loser.

A horse may be bought "on time." However, anything happening to the animal after delivery does not change the contract and the horse must be paid for, as with any contract. The seller, on payment of a deposit, delivers the animal and there his responsibility ends. For example: a mare in foal was sold. The pregnancy was verified by the veterinarian before delivery of the mare to the new owner. The contract, signed by the purchaser, agreed to pay fifty dollars a month until paid in full. Two days after delivery the mare broke out of her corral and was struck by a car. There was no apparent injury, but when the time came for foaling there was no colt. The owner did not want to pay the balance. In this instance the seller was protected by a signed contract and by the veterinarian's previous examination. The seller was not responsible for the animal's care or condition after delivery.

Should the horse become mean after the sale he is still the responsibility of the purchaser. Perhaps a lack of knowledge or mishandling is the cause.

Agreements can cover more than just buying a horse. Many times when you have an extra stall your friends may want to stable their horse with you. Usually they agree to buy their own hay, but you will find you are taking all the care of the animal. Also, the first thing that may happen is that they run out of hay and you will be feeding the horse for nothing. It is much better to set a boarding price because nothing but trouble ever comes of any other kind of verbal agreement. Figure that your time is worth something. Why should you clean a stall and corral daily for nothing?

Should you board your horse at a stable, the owner is not responsible for accidents or for the illness in your horse unless direct neglect can be proven. If your horse breaks down a fence, tears up his manger, kicks a hole in his stall, or jumps a fence, the resulting accidents cannot be blamed on the stable owner. Such acts expose nails and cause splintering which in turn might result in abrasions, contusions, and broken bones. A well-cared-for animal is not prone to illness and is normally healthy, but he may get such things as colic or a cold from the carelessness of the horse owner and then become ill later.

If the animal becomes unmanageable when out riding, throws you, and then causes damage, you are responsible. If you allow anyone to ride your horse and he falls, causing an injury, you can be sued. If the rider can prove the animal dangerous, he can collect. Don't allow strangers to ride your horse unless you are well insured. It is not a good idea to allow a nonrider to sit on your horse. Although the rider may be at fault, should an accident occur it can cause a great deal of hard feelings and possible law-suits.

Sometimes an agreement is made that a horse may be used for the keep. Make this agreement definite and in detail; how much and what kind of use. A riding school agreed to board a horse free for use in teaching students. One day, without a word, the owner came and took the animal away, leaving six students stranded without a horse to ride. Even this arrangement seldom works out satisfactorily, because just about the time the boarder decides to ride, the owner comes and upsets the plans. The owner has the feeling, "After all, it is my horse and I'm letting you use it for the keep. ... I surely ought to be able to ride him when I wish."

Many times a buyer will wish to take the animal home to try. This is never a good idea. The rider is strange, the place is strange, and the animal cannot be expected to work his best. The prospective buyer will be able to find too many things wrong with the animal and will then attempt to "deal," figuring that having the animal in his possession you will not want to haul him back again. However, if this is done, be sure to have a written agreement. The animal can be injured or become ill from wrong care and it is next to impossible to collect for a dead horse if there has been no agreement. Anyone buying a horse will be able to tell in a few rides of a short length of time whether or not the animal is suitable or whether he can handle him. Don't allow the buyer to ride more than two or three times in order to make up his mind. Some people may take this opportunity to ride a horse without any intention of buying.

Perhaps we should say a word also about equipment. New equipment, whether it be gear for the horse or trailer, costs a great deal of money. Unless you know the borrower well, don't lend. It seems that people seldom bring equipment back in good shape, especially that used on and around horses. Don't lend a good trailer. Offer to drive yourself to deliver an animal. If it is a good friend, and you are used to accommodating each other, this is well and good. If strangers ask about trailering a horse, charge them according to the going rate in your area. Usually trailering costs so much a mile, with maybe a minimum set figure for short hauls. It is difficult to generalize, but prices range from five to ten cents to twenty-five cents a mile for more than fifty miles. Some local haulers for distances under fifty miles charge a dollar a mile. Freight rates are by the hundredweight and you furnish the crate or the seller furnishes the crate with return.

At almost any big auction sale arrangements can be made to transport an animal to your home or someone may have extra space in his trailer and will be glad to offset his own expenses by hauling for you. Professional haulers are almost always available, but it is advisable to insure your animal if you consider him valuable. Horses loaded in an open truck can be hauled extremely cheaply but you may have three months of veterinary bills to pay to get your animal back into good shape again. For any distance van hauling is the best because the vans are built to accommodate the animal. Whatever method of hauling you choose there should be a complete understanding as to hauling rates before the animal starts on his journey to avoid any possible misunderstanding.

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