# Bill of Sale/Advice?



## sarah4496 (Feb 22, 2015)

Hi there, I was wondering a bit about having a bill of sale for a rescue horse. Do I have to have an official bill of sale for my horse drafted by a lawyer? Or will one stating the basics (gender, markings, price, date, etc.) just printed off from Ms word work? If so, anyone have any good templates for this?

Now for the advice part. The situation surrounding us aquiring our horse is a bit complicated. 
Our horse Rowdy was originally owned by this man who completely neglected him and left him without food and water alone in a stall. He was posted on Facebook as a "must go now". When a girl named Lauren (who supposedly has her own horsemanship buisness) agreed to sell Rowdy for the man. 
I am unsure of the timeline of events, but sometime after this she posted Rowdy for sale on Facebook as well. 
My friend Andi saw the post and thought he would be a good horse for her friend (who was looking for a TB). She went to Lauren and purchased Rowdy for $400, without any paperwork whatsoever! (A negative coggins was promised, and claimed to have done a vet check) Not the smartest move in my opinion, but I appreciate that she noticed he needed a good home. 
Well turns out that the "friend" Andi purchased the horse for then decided she didn't want him and totally stopped answering her messages.

Here's where I enter in.
Andi owed my fiance about $400 and knew he was looking to buy his own horse. She couldn't afford to give Rowdy the care he needed since he was never intended to stay in her care. She offered Rowdy to us free of charge to negate the debt she had owed to my fiance. She only offered us this knowing it would ease her financial burden and that we would love Rowdy and give him all the care he needed. 

I had Andi write up a bill of sale from her to me for Rowdy, but I am concerned by her lack of proof that she purchased him in the first place. 
When it came to trying to get his Coggins and Vet records the girl Lauren hadn't paid her vet bills and I offered to pay them just to get the Coggins released to me. (The vet wouldn't release them without her bill being paid). 

My red flags are flying high in all of this shenanigans, so I want to do everything I can to ensure my t's are crossed and i's are dotted. I would be devestated if anyone tried to come out of the woodwork after we get him healthy and happy because I didn't have proper paperwork.

Advice please??


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## verona1016 (Jul 3, 2011)

It sounds like you've covered your bases as much as you can with requesting a bill of sale from Andi. You can find examples online (google "equine bill of sale"), and most of them have a line stating that the seller has clear title to the horse being sold (i.e. s/he legally owns the horse and has the right to sell it)

This doesn't protect you from someone else coming forward and saying that Andi never legally owned the horse, but to my knowledge there is nothing you could do about that.


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## DraftyAiresMum (Jun 1, 2011)

This is a sticky situation. I would definitely see about getting his Coggins through any means necessary. Maybe see if this Lauren girl would be willing to write up a bill of sale to your friend, Andi, and have it signed and dated by a notary public?

When my best friend got her filly for free from her ex-boyfriend, I made sure she had him sign a bill of sale, just in case. Basically, all we put in it was his name and her name, plus the filly's name and a detailed description of the filly, along with the terms of the sale.


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## Red Gate Farm (Aug 28, 2011)

Always safer to have a bill of sale.


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## sarah4496 (Feb 22, 2015)

I did get the Coggins after I paid the vet bill, so at least that's taken care of. And I did get a bill of sale from Andi, I guess my question was more about whether our bill of sale was legitimate enough since it was written by her on paper versus something more official?


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## Saskia (Aug 26, 2009)

Written on paper should be fine. Its all I've ever done. 

I just write the name of the horse, age, breed, height, colour, distinguishing marks, microchip number, brand, rego number etc.

Then I write something like: On *date* *sellers name* of *sellers address* as full and legal owner of horse sold horse to *buyers name* of *buyers address* for *sale price*. Purchase price paid in full. 

Then both sign it, even a witness if you want.


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## stevenson (Sep 12, 2011)

A bill of sale , is a bill of sale. All it has to state is (example) a description of the horse, a by TB with a blaze, and white on 3 legs. aged approx 12. brand or scar # shape.on left shoulder. 
for $400. Signed the seller and dated. and you can have your name added if you want. 
as sold to the buyers name.


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## Dreamcatcher Arabians (Nov 14, 2010)

This agreement made this ______ day of ______________, by and between ______________________ hereafter referred to as “Seller” and ______________________, hereafter referred to as “Buyer”.

The parties hereby acknowledge that this agreement is made for the purchase and sale of ______________________________ (description of horse), known as ________________________________(horse name, registration number), foaled on ___________________.

*A. Seller guarantees that he has full power to sell the animal, the title is clear and free 
from liens and is unencumbered, and further, he will defend the same against the 
claim or claims of all persons whomsoever.*

B. Buyer agrees to purchase the animal as is and agrees that significant issues have
been discussed to their satisfaction. Buyer acknowledges that Seller has advised 
Buyer that a pre-purchase examination, by a qualified veterinarian of Buyer’s 
Choice, is encouraged. Buyer further indicates that they do ________
or do not ________ wish to have a PPE done. 

C. Seller agrees that all routine yearly vaccines will be current prior to transport of the 
horse. Seller uses the following vaccines yearly: Fluvac Innovator 6 (EWV 
Encephalomyelitis, Influenza, Tetanus, and Rhinopneumonitis EHV-1 & EHV-4), 
Rabies and West Nile.

D. This bill of sale represents the entire agreement between the parties. No other 
agreements or promises, verbal or implied are included unless specifically stated
in this written agreement. 
E.	This bill of sale is entered into in the State of Oklahoma, Payne County and shell be
Enforced and interpreted under the laws of this state and county. 

As consideration Buyer agrees to:

1.	Buyer agrees to pay a non-refundable deposit in the amount of $___________ 
US Currency in cash to remove Horse from sales lists and to hold the Horse until
_________________.

2.	Buyer agrees to pay the balance of $________________ US Currency in cash 
or by personal check on or before __________________________. 
Buyer understands that there will be a 10 day hold on funds, imposed by Seller’s bank 
and that the horse may not be removed from the property until funds are released.

3.	Buyer agrees to assume all veterinary, board and farrier costs accrued from 
_______________. Buyer will pay cost of Coggins and Health Certificates in
the amount of $_________, to Oklahoma State University Veterinary Hospital. 
Buyer agrees to pay seller $xx.00 US Currency to trailer Horse to OSU Vet Hospital 
for the purpose of obtaining the required health certificates and/or a pre-purchase exam.

4.	Buyer understands and agrees that in the event that balance owed on Horse is not paid in full by __________________, sales agreement and Bill of Sale are null and void, and full ownership remains with Seller and Buyer shall have no further 
entitlements to Horse. 

5.	Buyer understands and agrees that all bills accrued on behalf of Horse must be paid in
full before said Horse may leave Dreamcatcher Horse Ranch, LLC. Seller agrees to
Board Horse at no charge for 7 days from contract date. After 7 days, board will accrue at the rate of $xx.00/month or $xx.00/day for partial month from that date forward.

6.	Seller agrees to promptly execute all necessary paperwork and to take all necessary 
Steps to transfer ownership and registration of the Horse to Buyer at no cost to Buyer, 
Upon payment in full of all monies owed by Buyer. 
In the event a dispute arises under this Agreement, the prevailing party will be entitled to all reasonable costs and expenses incurred by it connection with such dispute (including, without limitation all reasonable attorney’s fees and costs incurred before and at any trial, arbitration or other proceeding), as well as all other relief granted in any suit or other proceeding. 

Purchaser accepts the Horse by signing this Bill of Sale, and risk of loss passes immediately. Purchaser is immediately responsible for all veterinary, farrier and transportation expenses after the date hereof. Purchaser is immediately liable for any damage or injury caused by Horse to Seller or any third party. 



____________________________________________
Buyer’s Signature & Date



____________________________________________
Seller’s Signature & Date



Here's my bill of sale. The paragraph that's bolded and in italics is the important one for you as buyer. If your seller won't agree to that paragraph, run don't walk away from the horse. 

Feel free to use the contract, just put your personal stuff in there and take out anything that doesn't apply to your deal.


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## stevenson (Sep 12, 2011)

I like the Kiss rule. keep it simple stupid.
Do not include, first right of refusals,.
get a sales receipt. Date, description, sold to your name, sold to sellers name. 
signed.


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## CrossCountry (May 18, 2013)

Subbing to this. Need to make a bill of sale..


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