# Does this BOS and payment agreement look okay?



## Zimalia22 (Jun 15, 2021)

And you hold the papers on the mare until final payment has been made. DO NOT give the papers early. 

I sold several horses on time, and never had a problem. But, there is always the first. Always hold the papers till the horse is paid off.


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## COWCHICK77 (Jun 21, 2010)

For sure! 
That's the last clause- "within 30 days of final payment clearing, registration papers and a signed transfer of ownership will be mailed via registered mail to Purchaser".

Years ago I I traded a mare to my farrier for his daughter. He agreed to trade in shoeing for the purchase price. 
He skipped town and he got a gentle kids horse for the price of one shoeing....
I'm not making that mistake again.


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## Capt. BAT (Dec 25, 2021)

Looks okay.

Though, I wonder:
1) Why does the Purchaser want to make payments?
2) Would it be possible for the Animal to get in foal while still at your place?


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## COWCHICK77 (Jun 21, 2010)

Capt. BAT said:


> Looks okay.
> 
> Though, I wonder:
> 1) Why does the Purchaser want to make payments?
> 2) Would it be possible for the Animal to get in foal while still at your place?


1) Purchaser can not pay for mare in full by agreed delivery date. If we wait until the mare is paid in full for delivery, one, I'm still feeding her. Two, the mare will be bred late in the season.

2) I'm selling her as an open broodmare.
I will not haul her back and forth to my vet and be a "third party" to get this mare in foal for someone else. 
This is not a local and live cover situation. The Purchaser lives in a different state.


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## JCnGrace (Apr 28, 2013)

This is just a heads up regarding the info you just shared. If the mare is still in your name at the time of breeding the foal will be considered yours and there will be additional expense for you in the required paperwork to register the foal. I would add into contract that the buyer covers all those costs as well.


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## COWCHICK77 (Jun 21, 2010)

Thank you!


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## stevenson (Sep 12, 2011)

If the purchaser cannot afford to purchase the mare outright, how is the purchaser going to be able to pay stud fees and mare care ? I would not let the mare leave my property and the purchaser would be paying for the feed. I would also make sure the time limit for payment is very clear.


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## HombresArablegacy (Oct 12, 2013)

I would include in the contract that the buyer must carry mortality insurance on the mare in the amount of the purchase price, naming you as beneficiary, until the horse has been paid for in full. CYA, because anything can, and does happen.


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## horselovinguy (Oct 1, 2013)

You can write a legal contract all you want....
For me, I'm not selling high-dollar animals but have sold high-dollar race cars...
They don't leave my possession till they are _*paid in full*_, check cashed, money-order processed...cash in hand.

I'm sorry, there is something called a private loan that could be had for something like this.
I've seen to many burned in dealings of credit given to lose my horse, my money and all rights to the animal because they left the property to soon.
I was witness to some transactions on show horses, so slightly different animal criteria, but the horses did not leave the premise till paid in full, and then and only then were papers signed, handed over with transfers filled out.
I've also seen where sellers trusted and were burned and had little recourse after....don't do that to yourself.
If they want the horse bad enough they will either wait or get a loan and the breeding will take place when all is secured and legal in their name.
To many things can go wrong and you be left out of what is rightfully yours...the money suddenly goes poof.
🐴....


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## QtrBel (May 31, 2012)

I'd also add in that if not paid as agreed and mare is in foal upon repossession then you are not responsible for deducting or repaying the amount they paid to have her bred. How you decide to handle the foal is a whole nother can of worms at that point.


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## Dreamcatcher Arabians (Nov 14, 2010)

Having seen what can happen after a horse is sold, even when it's paid in full, I would not allow the mare to leave my possession until paid in full. She can pay the payments, pay board, have semen shipped to you and pay you to haul the horse to the vet for insemination and pay the vet costs. I give 7 days free board once the horse is paid in full for the owner to arrange transport. If the horse is on a payment plan, then they need to pay you board, all expenses and encumbrance transfer to the buyer upon signed contract. 

My thoughts are, she can't afford to pay in full for the horse, how's she going to handle the breeding aspect of it? Someone is going to lose out on payment, and I suspect it will be you. Don't allow that mare to leave the property. Papers are only given/transfered upon payment in full.


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## COWCHICK77 (Jun 21, 2010)

I appreciate everyone's input, definitely gave some things to ponder I had not considered. 

I realize the Purchaser receiving the horse before paid in full is not ideal. I've had bad experience in the past allowing it, hence me doing my best, short of not allowing, to cover myself. 

On the other hand, I have had people allow me to take a horse without it being paid in full in the past. I've signed a contract on one occasion, the other was a handshake and my word deal. 

The time I signed a contract, the Seller passed away, his sister was the executor of his estate. Apparently he had done the same for several others. All quit paying. I remained sending payments to his sister/estate. At Christmas I received a card and his papers in the mail. "Merry Christmas, you own him free and clear. You're the only one who continued to pay, I gift him to you." It's something I've never forgotten.

I guess part of me wants to give this young gal a chance like I was given. 

And I'm downsizing what I own too. I't be great to get another one off the feed bill. If I'm going to feed one I'd rather it be a rope horse for my husband or one that I'm riding/showing. With our future plans, owning mares and breeding doesn't really fit.

As far as her affording breed fees/costs, I believe her mom is paying for the breeding fees and costs. It's up to her to pay for the mare on her own. I know of the stud they plan to book her to. If all heck breaks loose and I end up with a bred mare the foal will be marketable.


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## Dreamcatcher Arabians (Nov 14, 2010)

How old is 'the young lady'? Can you make the parents co-sign? Otherwise, it sounds like you've covered the bases that can be covered, short of keeping possession of the mare.


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## RMH (Jul 26, 2016)

I'm not sure the value of this horse but I'd consider requiring the buyer to get the horse insured with you named as co beneficiary like a bank would require a homeowner to do when they get a loan. It could be a whole lot easier to collect from insurance than the buyer should something happen to the horse. My daughter has her horse insured and it's not that expensive especially considering what can happen to a horse.


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## COWCHICK77 (Jun 21, 2010)

I've made the mother, even though daughter is of legal age, the co-signer of the mare. 

I agree, the requirement of insurance is a good idea, a few of you have mentioned it.

Thank you again for all the input, y'all are great!


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