Posted on August 10, 2010.
Drafting a bill of sale in Pennsylvania Equine: a basic explanation Understand the components of a good bill of sale for a horse is essential in Pennsylvania. There are a multitude of questions to both the buyer and the seller face to protect their own interests and liabilities. The best way to do this is to have a detailed Bill of Sale. times, many people are tempted to write a single document, or borrow one from a friend. This can be very detrimental to both parties because it can not adequately protect your interests, or discuss the details of your transaction. In the agreements of sale of horses, a generic document does not apply to all situations. Many questions must be addressed in this document, including identification, collateral, consideration and the risk of loss to name a few. It is strongly recommended that you contact an attorney who focuses Equine in equine law to make sure that your interests are protected. The aim of this paper is to begin to learn about the different issues that must be addressed in writing a bill of sale equine to ensure adequate protection.
A. Vital Information
The first and most basic information that must be contained in the deed of sale are the names of the parties. You must have the names of the parties, name and address and make sure to identify their capacities in the transaction (ie buyer, seller, agent, etc.). Many times you will have a third party acting as an Agent for the sale. Common errors in drafting these agreements include: the failure of the agent's contract or wrongly, to register the agent as the owner. In addition to correctly identifying and naming all the parties to the transaction, each designated party must sign the agreement.
Then you need to properly identify the horse. Use all of the unique identification of the horse. Watch the horse's Coggins, completed by your vet, which should list registered horses only. If the horse is a jockey club, breed club, show, or any other member ID, make sure the list. Also indicate the names of horses, age, sex, height, race and color, nothing to clearly identify the animal.
Finally, after identifying the animal, you must indicate the purchase price. You must indicate precisely the selling price, and if it will be a lump sum or over time. Also the method of payment and the need certified funds. The purchase price is always necessary because it is a basic term of the contract. In case of dispute, the document must indicate the purchase price and payment method to be enforceable by a court of law.
B. Warranties
The main objective of guarantees, including in the contract is to meet the intended use of the horse. Whether the intended use is as a companion horse or a Grand Prix rider, you must decide if this use is covered by the warranty. The parties may agree to guarantee for other things like strength. However, if the parties agree on supporting the horse, the agreement must state clearly exactly what is required, the length of time it is to be effective, and what the penalty is for non-compliance warranty. Buyers can rely on poorly oral submissions made by the seller before the sale. Buyers must ensure that all promises are in writing as a term of the contract. Take, for example, that the seller promises that the horse can be returned for a full refund if the horse goes lame any reason within two weeks of sale. Unless it is specified in the agreement, it is not enforceable. On the other hand, if the contract is being written for the soul.