# Buy back contract?



## Dreamcatcher Arabians

Most courts won't uphold a 'buy back' or right of first refusal contract. Either sell and let go and ask if they will, out of the kindness of their hearts, notify you first if they decide to sell or don't sell.


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## gingerscout

also something I have seen is if you put it in writing that they offer it to you first, you could have sold them the horse per say for $500.. they could say they want 10k for it to sell it back, if you say no, you gave up your rights legally if they sell it to someone else, because technically they offered to sell it to you first


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## GMA100

Ok, so basically, I just want to know where this horse is. Is there a contract that says the buyer has to contact me before she sells it to anyone else so I know where he went? 

I just want to know he's safe and not getting abused, but I don't think I would buy him back after several years unless it was an emergency and his life was in danger.


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## seabiscuit91

No unfortunately.

Nothing that will hold up.

You have to put trust into the seller, and hope that they will contact you, but once the horse is sold, it really does become their business and they can chose to do what they want with the animal.


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## k9kenai

There are contracts online you can get for free or pay a fee for, depending on how in-depth you want them. Courts here will uphold them, although it can depend on your area and I think you live in a more rural area where the chances of a court upholding the contract are probably much slimmer then where I am from. When I purchased my gelding, his original owner had a first right of refusal and a clause that said I must offer the horse back at the price I purchased him at; no more, no less. When I did end up deciding to sell the horse I offered him back at that price but the owner was downsizing so I was allowed to do as I wished after that.

I would honestly contact an attorney in your area to see what they have to say about this type of thing, as I think it is very dependent on the location you live in and what livestock and animal-related laws you have and how willing the courts are to uphold them.


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## Dreamcatcher Arabians

GMA100 said:


> Ok, so basically, I just want to know where this horse is. Is there a contract that says the buyer has to contact me before she sells it to anyone else so I know where he went?
> 
> I just want to know he's safe and not getting abused, but I don't think I would buy him back after several years unless it was an emergency and his life was in danger.


If you can't let go, and I mean truly let go, don't sell the horse. Once you have sold it, it's like selling a car or motorcycle, you've given up any rights to know anything more about him. It really is up to the new owner's kindness and willingness to allow you to know what goes on.


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## EstrellaandJericho

Dreamcatcher Arabians said:


> GMA100 said:
> 
> 
> 
> Ok, so basically, I just want to know where this horse is. Is there a contract that says the buyer has to contact me before she sells it to anyone else so I know where he went?
> 
> I just want to know he's safe and not getting abused, but I don't think I would buy him back after several years unless it was an emergency and his life was in danger.
> 
> 
> 
> If you can't let go, and I mean truly let go, don't sell the horse. Once you have sold it, it's like selling a car or motorcycle, you've given up any rights to know anything more about him. It really is up to the new owner's kindness and willingness to allow you to know what goes on.
Click to expand...

she became allergic to horses and that's why she is selling


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## Dreamcatcher Arabians

EstrellaandJericho said:


> she became allergic to horses and that's why she is selling


I understand and I'm not trying to be mean here, but if she emotionally can't handle letting go of the horses she should keep him and have someone else interact with him.


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## AnitaAnne

I have sold horses with contracts. 


I Begin the contract like this:

This is a legal and binding contract between (name) herafter called the seller and (name) hereafter called the buyer. The Seller agrees to sell the horse (name) described as (breed, color, etc) to the Buyer for the amount of $$$. 

The Buyer agrees to the following conditions of this sale and agrees to abide by the terms of this contract. 

These are the points I include:
1) Buyer must notify seller prior to selling horse (name) and offer the seller the horse back under the following terms 
2) Seller shall have one week to purchase horse back. After one week, buyer may sell to other party
3) Value of horse shall be equal to selling price of $$$ for one year
4) After one year, value of horse shall be determined by at least one independent appraiser
5) If the buyer sells the horse without offering the seller the opportunity to buy the horse, the buyer agrees to pay the seller a minimum of $2000.00 plus an amount equal to the sale price of the horse plus all attorney's fees and court costs and any other costs incurred in regard to the breaking of this contract. 

Then at the bottom I have a place for the name of the seller and buyer to be printed and signed. 

This has worked for me several times. Twice I have had horses returned to me and I bought them back both times. 

Good luck and be very careful who you sell too.


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## Acadianartist

Here's one of many you can find online with a simple google search: https://images.template.net/wp-content/uploads/2015/10/14224055/sample-bill-of-sale-horse.pdf

The others are right. It may not hold up in court. But the buyer doesn't need to know that. 

At the very least, I would ask for a right of first refusal which is something that is done in real estate. For example, when we bought our house, there was a property adjacent (5 acres) that we wanted, but the seller didn't want to sell just yet. We got a right of first refusal to it, and two years later, they sold it to us. Mind you, we paid more money that it was really worth, but in your case, a right of first refusal would at least mean that you are made aware that they are selling the horse. 

I do like AnitaAnn's wording. Again, it may not technically stand up in court, but it may be enough to make the seller think it will - or not be willing to take the chance (and spend lawyer fees to find out).


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## Dreamcatcher Arabians

Just bear in mind that a horse person who has been around awhile will see a contract like Anita Anne's and walk. I wouldn't touch a horse that came with strings like that. I would agree to call you first before I put up an ad, but with all that in the contract I would walk. Not because I didn't like the horse, not because I didn't want to call you and give you first crack but because that contract tells me you're going to be bugging me from now on about that horse and I don't want previous owner's constantly bugging me. So, not saying don't, just don't be surprised.


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## GMA100

The one person that wants to buy him now has already told me I can visit him whenever I want if she gets him. She's kinda been in the same position as me, and said she has contact with her horses owner now and will give me updates on Asher whenever I want them.


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## GMA100

Thanks to ya'll who gave me some ideas!


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## Acadianartist

Dreamcatcher Arabians said:


> Just bear in mind that a horse person who has been around awhile will see a contract like Anita Anne's and walk. I wouldn't touch a horse that came with strings like that. I would agree to call you first before I put up an ad, but with all that in the contract I would walk. Not because I didn't like the horse, not because I didn't want to call you and give you first crack but because that contract tells me you're going to be bugging me from now on about that horse and I don't want previous owner's constantly bugging me. So, not saying don't, just don't be surprised.


Maybe it's because I'm less experienced at buying horses, or because in Canada, we are far less litigious, but to me, such a contract would mean that the seller really cares about the horse. That also means they likely took great care of it. And that I don't have to worry about getting ripped off, lied to, or buying a horse that's been drugged to cover up flaws. 

I ASKED Harley's seller to put in a buy-back clause when I bought him! They wouldn't do a trial, and I wanted to make sure he was a good fit and didn't have any hidden issues. 

So I have to disagree. To me, a buy-back contract just means the seller cares about what will happen to the horse and if things don't work out, I haven't lost my money. I think it's advantageous for both concerned parties.

Oh, and I've had two of Harley's former owners track me down (well, I tracked one down, the other tracked me down). One even visited! I give them updates once in a while. I have never had an issue with them being nosey or invasive. They truly loved him, and parted with him because of life circumstances. They know he's happy here, and that we'll never pass him on. They're happy to know he's well, I get to know more about his previous life - including some health questions I had! Win-win. Maybe it doesn't always go that way, but it can.


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## Acadianartist

GMA100 said:


> The one person that wants to buy him now has already told me I can visit him whenever I want if she gets him. She's kinda been in the same position as me, and said she has contact with her horses owner now and will give me updates on Asher whenever I want them.


So happy for you! Sounds like the ideal situation. If she is willing to give updates, she has nothing to hide.


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## GMA100

Acadianartist said:


> So happy for you! Sounds like the ideal situation. If she is willing to give updates, she has nothing to hide.


She also is paying us to haul him to her so we can see where he will be! She's coming to visit him on Sunday and then it will be for sure!


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## Dreamcatcher Arabians

Acadianartist said:


> Maybe it's because I'm less experienced at buying horses, or because in Canada, we are far less litigious, but to me, such a contract would mean that the seller really cares about the horse. That also means they likely took great care of it. And that I don't have to worry about getting ripped off, lied to, or buying a horse that's been drugged to cover up flaws.
> 
> I ASKED Harley's seller to put in a buy-back clause when I bought him! They wouldn't do a trial, and I wanted to make sure he was a good fit and didn't have any hidden issues.
> 
> So I have to disagree. To me, a buy-back contract just means the seller cares about what will happen to the horse and if things don't work out, I haven't lost my money. I think it's advantageous for both concerned parties.
> 
> Oh, and I've had two of Harley's former owners track me down (well, I tracked one down, the other tracked me down). One even visited! I give them updates once in a while. I have never had an issue with them being nosey or invasive. They truly loved him, and parted with him because of life circumstances. They know he's happy here, and that we'll never pass him on. They're happy to know he's well, I get to know more about his previous life - including some health questions I had! Win-win. Maybe it doesn't always go that way, but it can.


I have no problem letting a previous owner know how a horse is doing, if they want to know. Many times those buy backs come around because the owner can't emotionally come to grips with the fact that they no longer own the horse. I've been buying and selling horses for close to 40 years, since I was 21, and those buy back clauses have mostly been a pain in the neck. The owner's can't accept that anyone but them can care for a horse, they want to drop in unannounced, all kinds of drama. Experience has made me use that as a deal breaker, if they want a buy back, I tell them thanks but no thanks and go find another horse. 

I'll drop a line to a previous owner periodically but I don't want them to contact me and demand it. As a matter of courtesy, if a horse is really well trained and nice and the owner states they wouldn't mind buying back if they're able at a time when I want to sell, I'll do a courtesy and say, "I'm going to put So And So up for sale next week for $XXX. Are you still interested?". If yes, then it's a normal sales deal from there on in, if no, I go ahead. No answer, I'll try e-mail, and still no answer, I move on. 

It's all in what you and the buyer/seller will accept. You can put anything you want in a contract and if the buyer/seller agrees to it, you go forward. Whether or not it will stand up in court is a whole 'nuther kettle of fish.


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## SilverMaple

What others have said-- you can do one, but it most likely won't hold water in court. This is a big issue in the purebred dog world, too. Breeders want to sell pups with a buyback / return clause giving them right of first refusal to the dog before the animal is sold/given away to someone else. Even when the contract states the breeder will purchase the dog back for the original purchase price, the contract is usually not upheld in court if challenged. Possession is 9/10 of the law. 

Your buyer doesn't need to know that, but just know going into it that if they choose to resell or not contact you, that there's not much you can do.


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## SketchyHorse

As everyone else has stated - they're fairly difficult to enforce depending on most states. _However_, I wouldn't let that discourage you from still including one. I've noticed most horse people expect them from private sellers.

Like Dream, I would _never_ sign a contract like Anita Anne's. All for the same reasons Dream stated. It reads too much like an adoption contract to me - which I avoid adopting horses for a reason. Most horse people won't sign contracts stating the horse must be sold back for x amount of money either. Just things to be aware of when wording your contract.

Now, I have sold two horses with buy back contracts. The first was my Arabian mare. I simply stated I would like the chance to purchase back if her current owner ever felt like reselling. This year her current owner is _heavily_ considering selling or rehoming (she hasn't rode in over a year). She's kinda technically offered her back to me. I've rejected. I am more than willing to help her sell/rehome. If it comes to worst case, I'm more than willing to take back & euth (she's 17yo w/stifle issues, 14.1hh, bit too hot for kids). My second was my WB mare & I _did_ send her with a contract that stated she had to be offered back for the same price. Free ninety-nine. My friend gave me crap for it (I would _never_ sign that contract, why in the _world_ would you put that in there?), but I know the horse world. Big pretty WB mare, well bred, professionally Dressage trained, & was a pretty jumper - yeah someone was going to try & screw me over if given the chance. I personally read the contract to the girl. I highlighted the section where I wanted her back, _at the same price as stated on the contract ($1)_ if she decided to resell. If I was not offered the mare back _I would pursue legal action._ She played kinda wishy-washy, but I did get Cally back. Not without reminding her numerous times.

I've also offered horses back to their original sellers without buy back contracts & have had the same happen to me. So yeah, there's a lot of shady *** people out there, but not everyone is horrible. Just include it. Maybe check in once a month. I'm not the type to do that personally because I wouldn't want someone breathing down my neck constantly (the above mentioned friend was that type, she wanted information/pictures etc at least once a month). I'd rather friend 'em on social media & keep track that way. Far less invasive feeling.


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## Smilie

AnitaAnne said:


> I have sold horses with contracts.
> 
> 
> I Begin the contract like this:
> 
> This is a legal and binding contract between (name) herafter called the seller and (name) hereafter called the buyer. The Seller agrees to sell the horse (name) described as (breed, color, etc) to the Buyer for the amount of $$$.
> 
> The Buyer agrees to the following conditions of this sale and agrees to abide by the terms of this contract.
> 
> These are the points I include:
> 1) Buyer must notify seller prior to selling horse (name) and offer the seller the horse back under the following terms
> , in fact, would never buy a horse with such a contract added on. I make sure the horse goes to as good a home as possible, but after that, he is the property of the buyer-no strings attached
> Curious, have you ever tried to enforce such a contract, or just relied on the buyer complying, because it is the easiest route?
> 
> 2) Seller shall have one week to purchase horse back. After one week, buyer may sell to other party
> 3) Value of horse shall be equal to selling price of $$$ for one year
> 4) After one year, value of horse shall be determined by at least one independent appraiser
> 5) If the buyer sells the horse without offering the seller the opportunity to buy the horse, the buyer agrees to pay the seller a minimum of $2000.00 plus an amount equal to the sale price of the horse plus all attorney's fees and court costs and any other costs incurred in regard to the breaking of this contract.
> 
> Then at the bottom I have a place for the name of the seller and buyer to be printed and signed.
> 
> This has worked for me several times. Twice I have had horses returned to me and I bought them back both times.
> 
> Good luck and be very careful who you sell too.


Good luck having any such contract stand up in a court of law'
If it gives you a warm fuzzy feeling, alleviates the guilt in selling a horse, go ahead and write such a contract, but when a horse is sold, it is sold.
Leases are of course different, as are 'adoptions' from rescues
I really don't know why sellers even bother with such frivolous 'agreements', as they are not binding in a court of law, and rely solely on the good will of the buyer. You don't need a contract for that!
Curious, have you ever needed to legally enforce such a contract, or just relied on the buyer complying, avoiding any hassle?


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## Palomine

Have seen too many people looking for a horse they had had new owners sign buy back contract on. And they in many cases are STILL looking for the horse. Some were moved off the place the second the former owner drove out the gates.

Others were found at auction house, and the former owner had to buy the horse back.

These just don't hold up, and too many courts don't understand equine laws either.


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## Kaifyre

I too would walk if a horse I was interested in came with a buy back clause. Doesn't hold water in court and then you have the potential issue of the previous owner breathing down your neck all the time ... I get that they're trying to make sure their horse is taken care of, but everybody in the world thinks they take better care of their horses than anyone else could! Once a horse is sold, it's sold - the owner has to harden their heart and move on, and if they can't do that then they should rethink their decision to sell. Simple fact of the matter is, once he's sold he's no longer yours.

-- Kai


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## AnitaAnne

Smilie said:


> Good luck having any such contract stand up in a court of law'
> If it gives you a warm fuzzy feeling, alleviates the guilt in selling a horse, go ahead and write such a contract, but when a horse is sold, it is sold.
> Leases are of course different, as are 'adoptions' from rescues
> I really don't know why sellers even bother with such frivolous 'agreements', as they are not binding in a court of law, and rely solely on the good will of the buyer. You don't need a contract for that!
> Curious, have you ever needed to legally enforce such a contract, or just relied on the buyer complying, avoiding any hassle?


I have never had anyone break the contract. Anyone who didn't sign was free to go get some other horse. 

As someone mentioned above, I do value my horses and take excellent care of them. I am honest about their good and bad points. The buyers are more than satisfied with their purchase. 

Twice I did buy the horses back. One time the buyer just wasn't comfortable with the contract so returned the pony after six months. The pony was returned in excellent condition. I returned the buyers money to him and resold the pony six months later on the same conditions. That owner kept the pony until his passing. 

The second one the buyer was making payments, and I was providing lessons. It was written into the contract that the buyer would forfeit $600 after the first six months due to the lessons and making payments instead of buying outright. The buyer returned the horse after eight months so lost $600 of the money paid. I returned the balance. 

That horse was returned in poor condition with several abscesses, however I still honored the contract as the buyer really wasn't a good match and the horse needed some TLC to return to sale condition. 

He was resold to another buyer after 3 months at a discounted price r/t the condition of his feet. That buyer is thrilled with the horse and takes great care of him. 

Thus no, I never had to find a buyer to take back a horse, but it did happen with a dog I sold. 

I used a very similar contract for selling dogs. ne bird dog I sold the owner complained that it was biting her kids. This dog had never bitten anyone and was quite mellow in temperament. I questioned the buyer a bit and quickly realized that they were inexperienced in dog ownership and had been hitting the dog. I offered to give she free lessons with the dog, but she refused. At that point I requested the return of the dog for the safety of her children. 

The buyer fussed and tried to refuse, but my threat of sending the police and the child protective services to her house made her change her mind in a hurry. 

I took the dog back, and she was back to her sweet self in only a day. I did not sell that dog again but kept her until she was pts at the age of 15. 

My contracts have nothing to do with guilt or warm fuzzy feelings as implied. 

I do not buy back an animal because of guilt, I buy back an animal because I stand behind what I sell and honor my obligations. My contracts are put in place for the safety of the animal and that is all I really care about. 

I have seen too many idiots that haven't a clue how to take care of animals to leave it to chance.


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## AnitaAnne

One horse I refused to sell because the gentleman said it was for his 6 yr old daughter. The horse was not being sold as a child's beginning horse and I told him he was welcome to ride the horse, but I wouldn't sell the gelding to him. He asked if I would sell him the horse if he was the one planning to ride it, and I replied yes :wink: 

He wanted to know why; I said as an adult he was free to risk his life (he was a beginner also) but no way could I face myself in a mirror if I sold a horse like that gelding to a child. 

The man chuckled and left. 

Living by the rule of "do unto others as you would have them do unto you" allows me to have a clear conscience.


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## Acadianartist

See, to me, as a buyer, I'd rather deal with someone like @AnitaAnne than some of the shady horse dealers I've met, like the one who said that if I didn't buy his mare right then and there, he'd sell her to another buyer the next day. I walked. He texted me a few hours later and asked if I wanted him to hold the mare a few days to give me time to think it over... um, yeah, so he has another buyer lined up, but is offering not to sell her the horse so I can have more time to think about it? I don't think so. 

I asked for a buy-back clause from Harley's sellers because they wouldn't do a trial, and I was uncomfortable since he was the first horse I bought as an adult. They never needed to buy him back  On the other hand, Kodak's sellers refused to offer a buy-back, wouldn't do a trial, and when I began having problems with her and contacted them, they washed their hands of her. 

A buy-back clause may not hold up in court, but it says something about the seller who is willing to stand by his animals. I'd much rather deal with someone like that than a seller who washes his hands of the animal the minute money changes hands.


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