Ways to ensure you sell to a good home?

Question

I have to sell my best equine friend of 5+ years for quite a few reasons to NO fault of her own, except for her height xD

I'm going to take her to clinics and shows next year until she's sold so that I only get homes that are willing to spend some money on her- I don't want her to end up in some home that won't be able to pay board or feed or whatever.

My asking price is going to start at $4000 (negotiable) to deter bad homes and horse traders, I won't be allowing her out on a trial period because I'm scared of horse theft, but I'll take her back and give them the full amount of money back if it doesn't work out. The potential buyer will be able to come out as many times as they want to try her out before making their decision- I have no rush selling her.

And I'll be writing up a contract either with the help of a lawyer or by doing thorough research to make sure the buyer will provide her with yearly chiropractor care, and keep her UTD on dental, farrier, worming, etc, and that we will be notified if they plan on selling her. Any changes of contact information must be discussed beforehand so that if we need to contact each other we can. I would discuss visitation rights with the buyer, obviously not just popping up unexpectedly but if I were in their area I'd like to contact them beforehand and see if I could come say hello and check up on 'em.

I'll be travelling to her potential new home to check surroundings and fencing, not only for my own conscience, but also to give the new owners info on how she might adjust. (she's never seen electric fencing before so they'd probably want to know that beforehand!)

Anything other precautions to take? Is there anything I shouldn't do that I listed here?
I don't want to appear clingy or crazy but I do want to make sure that potential buyers know I really adore her and will really, really miss her, and that it is not her fault she's being sold.

Thank you!

Answer 1

It is a bad idea to follow up on a horse that you sell. If I buy a horse from you, I want to own it at the instant of sale. I do not want to have you retaining some nebulous interest in the horse.



In particular, while I would appreciate all the information you could give on recommended care, I wouldn't want you poking your nose into my property or my care for "your" horse. It would be MY horse, dammit.



I think that you are setting up a lease and calling it a sale.



Anybody who wants your horse and agrees to those terms is lying to you about following the terms. In other words, selling her to good people without using all those complicated contractual items is more likely to find her a good and caring home.

Answer 2

There is no way you can be sure about getting the best home ever. Things change, people's circumstances change...You can do a few things to give yourself a better chance.



1) Talk to the interested party VIA email or phone several times before even letting them on your property. Ask about where the horse will be staying, what it will be used for, etc. Someone who is just messing with your time will most likely just go away.



2) Always get a first right of refusal. If they sell the horse they have to offer it back to you at the price they paid or they have to have you find it a new home. You cannot always track the horse, but if you do find out it was sold you can go after them legally and get the horse.



3) Be choosy. Don't just sell to the first person. If that person really wants the horse they will keep trying to buy it.

Answer 3

You can only do so much to help insure her future. Much that you want to do will depend upon the discretion of the buyer. No one has to allow you on their property. If that is a deal breaker with you, so be it. Most honest people would not mind if you see her new home, but some could be insulted that you want to "make recommendations" relative to changes they need to make to their property for their new prospective horse.



You cannot make a binding contract that specific care will be given to the horse as it is unreasonable. Not everyone believes in the care you do for horses. You can put in the "right of first refusal" and put a monetary penalty if they do not honor that part of your contract. That could keep them from selling her to a horrible home or dumping her somewhere if they are reasonable people. Any animal I place from my rescue efforts are only placed if I have right of first refusal and I always take them back. I never allow someone else to give them away or take them to the pound and I have never had anyone that did not give the animals back to me if they could not keep them.



Visitation would be nice if the buyers agreed. Sometimes people do things out of ignorance. I have seen horses die because the owners did not know a horse needed their teeth done. So, as you probably know, some people can't be educated. It would definitely be a plus to be able to check on her.



I don't know what she is worth, but your asking price will keep people looking for a $300 horse away and should only draw a more responsible group of buyers. Do the best you can do to make sure she is well suited to the level of the new rider/owner. It will be obvious to buyers how you feel about her and with a good buyer, they will come to care for her in the same way. You have a good plan and I'm sure all will be well.

Answer 4

Unfortunately I don't think your contract will be valid once the ownership of the horse actually changes hands. The horse isn't yours anymore, you have absolutely no say in things like chiropractic, dental, farrier, worming care etc. Obviously a good horse owner would of course do everything they are able to keep the horse in a healthy and happy condition, but once you sell the horse those things are no longer your right to dictate.



And you also wouldn't have "visitation rights." This isn't a child locked in a custody battle, it's a horse. And horses, by law, are livestock, which are property. Once you sell the horse the owners have no legal reason to stay in contact with you, give you updates on changes of contanct information, or even allow you to see the horse. Of course many buyers are more than happy to allow previous owners to come visit, but... it's not something you can actually put in a contract.



Once you sell the horse, everything is completely out of your hands. If you still want control, then you should lease her out.



I do appreciate that you want to find the best home possible for her, but to do that you need to ask questions to get to know the potential buyers, watch them interact with the horse, ask questions about their previous experience with horses, who they train with, which most buyers who will provide a good home will be willing to do. But the fact still remains, if you sell the horse you have no legal rights over it.

Answer 5

Honestly? There is absolutely NO way to ensure you are selling your horse to a good home. You're on the right track with your contract, but there are some issues I find with it.



First of all, people aren't likely to take kindly to visits from their horse's previous owner: would you want to buy a horse that comes with the possibility of surprise inspections from their old owner? And while you say you wouldn't just show up unexpectedly, it will certainly make the new owners feel like their being judges/put under a microscope, which definitely would deter me from buying this horse.



There is NO way someone is going to allow you to require them to update their personal info: they're not taking in a foster child, they're buying a horse, and even the MOST responsible horse owner is not going to like having to check in (or be checked in on) regularly with the person they bought their horse from.



You're asking a lot, and it's a bit unreasonable. In your contract, I'd recommend simply stating that the general health and well-being of the horse must be maintained, or you have the right to either seize the horse or take the new owners to court. I'd also recommend putting in a first right of refusal: if the new owners decide to sell your horse, they HAVE to offer her to you first at the price they want to sell her at, and if you decline, only then can they sell her. There's no way to really enforce it, since once the horse is sold, it's sold, but you could (once again) take them to court for breach of contract and either get a financial settlement-it's no guarantee that you'll get your horse back because the people they sold the horse to will have bought her legally, and who knows? Maybe it would be a good home.



Your original contract definitely sounds clingy-I wouldn't even consider buying a horse from a seller with all those stipulations, but maybe ease up on the wording and you'll be good.

Answer 6

I do not think you can stipulate what a new owner does with a horse unfortunately.



Looking at the facilities would be well and good, but really they are paying the money for a horse and they will not buy a horse with all those restrictions. Of course you could ask them (but not write a contract) to let you know if they consider selling her to give you first choice to buy her back, though why you should want to if she is too small for you is beyond you.

Answer 7

I agree with the other posters.



You are selling a $4,000 horse, not a $24,000 one. I am sure that she is worth a lot to you because you love her..but if I would go look at your horse, and presented me with that contract- I would walk away. And the contract you describe- wouldn't happen. There really isn't a way to ensure your horse goes to a good home..unless you sell her to someone you know. By all means, go talk to a lawyer if you really want to, but when you sell something (anything)- you have no rights to it after that.



I would suggest selling your horse by word of mouth..through your trainer, vet, friends. The people I got my horse from told me that if for whatever reason I couldn't keep her, that they would take her back. Which I respected- but I never had to give her back :)



With the way you talk about your horse, I really suggest to you that you DON'T sell her. I mean, do you really see yourself finding someone you trust enough to take her?



Edit- I agree with a therapy horse! If you think your horse is up to it :)

Answer 8

I think it's awesome that you're taking all of these precautions but....



The truth is, there is no 100% sure way of knowing that your horse will end up in a perfect home....that lasts forever.....she may still get shuffled off to another home...



This is why I'm not in the horse selling business. It's too unpredictable. And like you, I'd worry way too much.



I guess just follow your gut instinct and make sure to really underline that you'll buy back no matter what.



Good luck! I hope you find a great forever home for her.



EDITED TO ADD:



If I were you, I'd not sell and look into leasing her out. Keep her. But do a full lease.... OR.... loan her out to a therapy riding place. They pay for everything, but you retain the papers.



I did that with one of my older horses. I didn't "need" him as a riding horse and he was too awesome to just let sit in the pasture....but there was no way in hell I wanted to chance selling him.... so I loaned him out to a therapy riding place.



They adored him and took excellent care of him. He spent his last years there, happy as heck til he passed away from old age. I never regreted that decision to loan him out.

Answer 9

Check the local laws with an area contract and property law attorney, as they can vary from one county to the next.



Where I live, you can add conditions and restrictions into a contract for sale of property (horses are property) and the stipulations are legally enforceable for one year from the date the contract is signed. You can stipulate reasonable requirements that the buyer agrees to, including visitations and medical evaluations. You can request copies of receipts made available to you when services are provided. Of course you cannot stipulate anything that requires veterinary prescription, such as use of particular drugs, and this could exclude chiropractic treatment if it would be against her veterinarian's advice. Keeping her utd on routine hoof maintenance, dental care, deworming, and vaccinations can be included. The legal remedy for failure to honor the stipulations should be included in the contract, such as return of the horse or monetary compensation. Some courts will not return property, and only allow monetary damages. It is a good idea to inspect the property the horse will be kept on, and relatively common for sellers to require that before finalizing a local sale. You can include the first right of buy-back refusal before the horse is sold, which may be at market value or a designated value agreed to in the contract. Again, though, where I live, that would only be enforceable for a period of one year from the date of the sale.

Answer 10

You wouldn't know for sure!



My daughter gave lessons to a little gal last year and this year, she rode well and was a good student ready for her own horse. My daughter went to look at a lot of horses for her and they bought a real nice well trained palomino. He was lovely.



Well after a few lesson him, the people took him home and the mom let the brothers and neighbor kids ram and jam him around like he was a machine. The horse went bad in a hurry and now they want to sell him. He would need to be retrained before he would even be partially honest.



My daughter said she would never help them find another horse after what they did to him.



You never know how your horse will be handled once he is out of your yard.

Answer 11

As someone who has owned horses for many years I understand how hard it is to say good-bye and how important it is to find a good home, however if I were looking to buy your horse I would not agree to a sales contract such as you suggest. Once you sell something you relinquish all rights to ownership, including decision making and demands (chiro work, etc). There are plenty of $4,000 horses out there, I would just find another (if you had a $25K Dressage champion, that would be another story).

You might what to consider leasing your horse to someone. This way you can get $ but retain the control and the decision making rights for her care. I wish you the best with your decision and find her a loving wonderful home.

Answer 12

I understand that you really care about your horse, but once you sell them the horse they have the right to do anything with it because it is theirs now. Sadly, that is the way it is. You can only hope for the best! My horse's old owner spent years trying to find my horse a great home. Everyone wanted him, but she only wanted to sell him to a family with a young girl (12-15) who would actually care about him and keep him instead of reselling him. We got him for a lower price... He is worth $5000+, and we got him for $1800. He is the most amazing horse! She finally found me. Look around for people who seem to take care of their horses. Just do not be over protective. I am sorry you are selling your horse. :(



Best of wishes!

Answer 13

So sorry about you having to sell your horse on :-(



When I bought my horse the contract was very basic. Only stated the seller's details as well as mine, the horse's name and the date of transfer of ownership. I paid them an additional fee for transport and then the amount we agreed upon.



They didn't ask to be kept up to date with his wellbeing, and didn't dictate (verbally or in writing) what they expect from me WRT his care and upkeep. They stayed at the yard for a bit to ensure he's settled and happy and then left. The only time I received some advice on his care (feeding) is when I mentioned that he tends to get a bit ahead of himself (hot) on outrides. They mentioned that he shouldn't be fed lucerne, and if he does get lucerne, it should be in very small amounts, as a treat only. And I also told them the amount of concentrates he's on, and they suggested I lowered it and change to a maize-free concentrate. Needless to say, he's a happy chap now! So if there are specifics regarding feed, be sure to mention it. It's up to the new owners to follow through with your advice though.



I also send the seller regular updates and pictures of him (out of my own accord) and tell her about new things that we are doing and new accomplishments. She casually mentioned one time that she'd like to come and visit him sometime when she's in the area again - they are about one to two hours' drive from me and I have absolutely no problem with that. But it wasn't stated in the contract that they'll want to come and visit him. Nor did they state anywhere that they want to be informed about it should I decide to sell him on (not that I would, but still).



My suggestion therefore is, set up a very basic contract, with all your, and the buyer's relative details, the horse's name, date of transfer of ownership, amount agreed upon and then both parties sign. Be sure to keep a copy of it for yourself. I agree with the others that once you sell your horse on, she is no longer your "property" and as tough as it may be, you need to trust that the new owners will take as good care of her as you did and see to it that she gets the very best she deserves. It is completely up to the new owners to allow occasional visits though. But I think it will only make the whole situation harder on you.

Answer 14

The only way to guarantee a horse stays in a good home is to keep it in the good home you provide. Sorry, but that is just how it is. Otherwise you just have to trust the person you are selling to and hope for the best. People buy a horse, especially one they pay thousands of dollars for...they want to feel like it's their own. They want to buy the horse and ONLY the horse, not with a bunch of strings attached and they don't want to buy the former owner with the horse too. It's like marrying the man of your dreams and having your mother-in-law from hell move in with you.



Myself, I only sell to people I know personally. People that I ride with, people that I've known for years and people that I see socially on a regular basis. People that know the horse they are buying from me and people who's horses I know, I know the care they give and I know how they keep their horses. They may not have the exact same standards of care that I do but if their horses are healthy and happy I've still got peace of mind knowing the horse I sold really went to a good home. I don't have to resort to stalking to make sure the horse is cared for because I still it regularly, I get casual updates on horses I've sold over margaritas with friends, I get a phone call when there is a problem with the horse and I'm the first one they tell if they have to consider selling (I've bought a few back over the years too). They don't do this because of a contract, they keep me in the loop because I am friends with these people in and out of our respective equine worlds.



All these stipulations you plan on putting your contract are illegal. Once the horse changes ownership you have no say whatsoever in the horse's care and they can do as they please with it and if you actually tried to enforce such a contract it would get laughed out of civil court. Even buy-back clauses are a mere formality and there is no way to get the horse back from new owners if the people you sell to decide to sell to someone else. They have legal right to sell the horse to whomever they chose and your previous contract will not nullify the totally legal sales contract they enter into with someone else.



If you're this set on dictating this horse's care then selling isn't for you. Since you say there is no financial motivation to sell you may be better off doing a free lease so you retain control of major decisions concerning this horse.



I'll be honest, what you are describing is a buyer's nightmare. No one wants to deal with that seller who cannot, for emotional reasons, let go of the horse they are selling. You are the person most buyers avoid at all costs no matter how nice the horse is. Who wants to re-arrange their life for a day once a month, once every few months or whenever you want to pop in for a visit?



Here is how it feel from the other side of the fence, unfortunately I've got first-hand experience with that too. The family of the former owner of one of my horses stops in for visits with my horse on occasion. The former owner of the horse passed away (which is how I ended up with him). I've had the horse for about 6 years now. I get little or no notice when they come to visit which can be aggravating. Sometimes I'm unavailable and they show up anyway, I'll be at work and my barn owner has to entertain them. A few times I've been out on camping trips and had the horse with me and they didn't even get to see the horse. They've made sideways comments about his weight because he is thinner that when I took the horse, they think obese is healthy and I prefer to keep the horse at a healthy, trimmer weight. They do not like the fact I keep him barefoot, he was kept shod the entire time he had them and I've worked hard to get his feet toughened up so he can stay 100% riding sound with no shoes. They think he should be getting large amounts of sweet feed but I've found he does much better on a pelleted feed formulated for older horses (he's 25). They think he should be fed alfalfa but the grass hay I give him instead is more affordable and helps maintain the weight I like to keep him at. I like the people, they are a very nice family. We have differing opinions on what is the best way to care for this horse. Once every few months I find myself having to defend my decisions for this horse during spur-of-the-moment visits from this woman and her adult children, and running referee between them and my barn owner. They've never asked to take the horse back and I honestly don't know what would come of it if they did. I assume I would retain ownership of him since I've been taking care of him for the last 6 years and have a signed transfer of ownership but I've still got that hanging over my head...the what-ifs. It's a worry I don't really care for.

Answer 15

You could right up a contract of sale. In this put that they must send you updates (could be weekly, monthly, semi annual etc..) as well as buy back options (that way you will know if they are selling her and have the option of getting her back. You also could try leasing that way you know where she is, what she is doing, and if you think the owners are hurting/abusing her you can get her back.

Answer 16

There is no way to ensure she goes to a good home, as sad as that may be.

I really think you are doing all you can, but finding someone to agree to all these conditions is going to be just as hard as letting her go.



Good luck, I am sorry your selling :(