# Is this binding?



## Chevaux (Jun 27, 2012)

I don't know where you are from, OP, but I don't think you can make that one fly legally. You may get a buyer that will honour it because of their own personal integrity.


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## PalominoOwner (Dec 4, 2011)

well in the bill of sale where i bought my mare it said i had to give the owner right of first sale or something so if i sold it i had to give it back for at least price of original sale i was just wondering


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## JustDressageIt (Oct 4, 2007)

I think you are thinking of the "right of first refusal" the wrong way - the first right of refusal is when you agree to let the seller know if you are going to sell the horse, they can decide whether or not they want to buy said horse (for the price that YOU set, not the one you bought the horse for) before you put it up for public sale. Generally speaking though, the contract is only as good as the person's integrity. 

You're going to have a VERY hard time trying to enforce the terms you want to put in a contract. Once the horse is sold, it is theirs to do whatever they want to. They do NOT have to keep you updated, and they do NOT have to offer you first right of refusal; really once the horse is gone, you have no control over it.


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## PalominoOwner (Dec 4, 2011)

So even if its in the contract it doesnt matter say i sold a horse whose original bill of sale had that in that its my choice


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## Endiku (Dec 6, 2010)

Yes, it is your choice, but if you did want to sell a horse who had that stipulation it its sales contract I'd think you wouldn't have anything to lose by letting them know that the horse is for sale again. It could be a good opportunity to get the horse a good home where it will be cared for. If they don't want it back or don't want to pay the price you set, its on them, not you- and you won't be any worse off than if you hadn't let them know.


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## Tazmanian Devil (Oct 11, 2008)

PalominoOwner said:


> If i sell my horse and i put in the contract to keep me updated once a year at least and that if it doesnt work out that i get the horse offered back to me for sale price is it legally binding


You can put any terms you want into a contract. By signing, the buyer is agreeing to those terms.

Enforcement, however, can be difficult.

Annual updates would be a problem. You would need to specify a method (phone call, email, registered letter, etc.) and what exactly constitutes an update. Then you would need to name a specific penalty for failure to inform. If the person ignores the "inform" clause of the contract, you would then have to sue them. If you won, the court would probably award you the amount of the penalty. The court could also declare the contract provision invalid.

Better to request an update outside of the contract and depend on the people to honor their word. It may or may not work out. In the end, this is something you have little control over. Is it worth your time/trouble to go to court over an update?

You can put a clause in the sale contract which gives you first right to purchase the horse back if the new owner decides to sell. I know of some dog breeders who have that clause in their contracts. You should probably specify a buyback amount. This could hurt you if the value of the horse decreases, but it simplifies things immensely - especially if the new owner believes the horse's value has substantially increased.

Again, enforcement and damages are the key. You need to specify a penalty for failure to provide you first right of refusal. I have seen some dog breeders have a $10,000 penalty in their contract for this. Without an amount specified, it becomes very difficult to determine "damages." Also, the only way you will be able to enforce this provision is to go to court. You might want to make the penalty amount something which will qualify for "small claims court" in your area - that is much less trouble than getting a lawyer for regular civil court. Either way, there is no guarantee you will win a judgement. Even if you do, there is no guarantee you will be able to collect.

On the plus side, simply having the terms in the contract of sale is usually enough to get the buy to comply. No one likes to be sued.

Google for some pre-existing legal forms which would be valid in your state. There are also some online services which can generate applicable forms for a very reasonable cost. That will theoretically insure you have the right working and terms for your state. Even better if you can find a local lawyer to draw up a contract. Something like this should not cost much at all.


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## Bellasmom (Jun 22, 2011)

I would not buy a horse with those stipulations...I'm buying a horse, not looking for a long term relationship with the previous owner. In my experience "right of first refusal" is not legally binding. It is a nice gesture to contact a previous owner who has shown interest, but it can also be a giant pain when trying to agree on price. "OMG! I sold him for $x and YOU want $xx?" IMO, if someone is so concerned about the horse's future, they should not sell it in the first place. I practice what I preach....just ask my husband, lol.


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## franknbeans (Jun 7, 2007)

Yes, many people will keep their word. No, there is no way of enforcing it, and also-many people will RUN from terms like this. Yearly updates to me sounds like a stalker. When I buy a horse he is MINE. I owe noone anything. Period. That said, I happen to have found and become friendly with a former owner of my guy (actually for both that I currently own) and since they are FB friends, they know what is going on. But, they are sane people who (a) know I love these horses and will do right by them and (b) do not want these horses back.

I also happen to know, through mutual contacts where the horses I have sold are and how they are doing. All I really care is that they are well cared for, and they are. The horse world is small, so that is another way. But, if the new owner does not want communication-there is nothing you can do. You sell the horse-you lose your rights to it. Period.


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## PaintHorseMares (Apr 19, 2008)

Around here horses are bought/sold "as is". The buyer and seller have a copy of the bill of sale and you exchange a signed transfer for the cash. No one I know would accept any "strings attached".
_Posted via Mobile Device_


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## Dreamcatcher Arabians (Nov 14, 2010)

I won't touch a horse with those kinds of strings attached. If you can't let go, don't sell. If you sell, it's my horse. I've always stayed in touch with previous owners but to have that in a contract.....no sale.


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## Zexious (Aug 2, 2013)

First right of refusal contracts can actually be rather popular, as the person purchasing the horse can have a starting point if they do, indeed, choose to sell. It's not like it's a huge deal to provide the last owner with a heads up that their old horse is back on the market.
I sold my filly with a first right of refusal contract. Honestly, if I was offered her back the answer would be no, but the heads up is nice.

As far as the updates bit... You might have a tougher time with that.


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## bsms (Dec 31, 2010)

If you want to know the law in your state, you need to ask a lawyer licensed in your state. Most county bar associations have a referral service. Where I live, $35 buys you a half hour talking to a lawyer who specializes in your area of concern.

My GUESS is that if you sued later on, you would need to show damages...and if your horse isn't a $100,000+ horse, then proving you've suffered anything will be tough. In small claims court, in my experience, it all depends on how the judge is feeling that day.

You can certainly put it in if you wish, and the buyer might honor it. I would if I bought the horse, just because I had agreed to do so. The only downside is the number of buyers you will scare off.


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## DancingArabian (Jul 15, 2011)

PalominoOwner said:


> If i sell my horse and i put in the contract to keep me updated once a year at least and that if it doesnt work out that i get the horse offered back to me for sale price is it legally binding


Once you sell a horse, that's it. You would have to shell out a BUNCH of money to even have a *chance* to prove that this person wasn't at least trying to hold up the end of the bargain. Even if you did, it doesn't mean a judge would agree with you. They could also countersue for the fees of the lawsuit.

Is the horse really worth that?

If the horse means so much to you that you need to somehow stay involved, try leasing it out instead of selling, or just don't sell it.


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## PrivatePilot (Dec 7, 2009)

You could just do a free lease instead of selling...then ownership never changes hands technically, although there's still lots of stories around here I've seen of that situation having gone wrong too when the horse incurred a lot of costs and the person who was free leasing the horse wants the horse as "payment" for their costs.

Of course, a free lease is only viable if you're wanting the horse off your hands for a period of time because you don't have time to properly care for it. If it's a "I need the cash" situation, then I agree with others - once you sell, you're done.


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## stevenson (Sep 12, 2011)

Once you sell it, you sell it. If you want to keep tabs on the horse, have it stay on your property and do a feed lease. Also to put in a sells contract you get the horse back for what you sold it for is wrong. If you sell it in a down market, and its for resale in an upmarket, you need to pay upmarket prices.


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## bsms (Dec 31, 2010)

Actually, anything in a contract that both sides agree to is morally acceptable. For example, when I sold Lilly, I agreed to take her back and refund the money (a whopping $600) for any reason within 60 days. In return, the buyer agreed to give me first choice at buying her back if they sold her within a couple of years (now past) - also at $600. That gave them the ability to check her out for 2 months and see if any problems arose, but gave me the option of buying her back for 2 years if they decided to sell her in that time. We both got something we wanted in exchange for something we didn't mind giving. 

At a guess, if they had not kept their end of the agreement, I could have gone to small claims court and had at least a 50% chance of winning my $600 back. And in this case, mutual friends told both sides that the other side would keep the bargain just because honesty was important to us both.

However, they kept Lilly. And while she lives about 2 miles from me, I've only seen her a couple of times, and then only because I own 2 acres about 1000' from where she lives.

And just because - a picture of my youngest getting a lesson on Lilly. I wanted to keep Lilly and sell Trooper, but everyone else voted the opposite. Yes, I still miss Lilly:


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## Zexious (Aug 2, 2013)

^ D'aw ;-; <3


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