PDA

View Full Version : sale "conditions"


BEX101
9th March 2010, 09:27 PM
I was browsing the classifieds (like you do) and came across a TB filly being sold subject to the condition she wasnt to race. If i bought that horse whats to stop me racing her? You see people wanting first refusal if you sell them again. Can these things be legally binding or are they a "word of honor" sort of thing?
A friend of mine got "gifted" a shetland a few years back it has seizures so is worthless but came with the condition she never sold him but could loan him with the breeders permision and only to someone she found by word of mouth (no adverts) she recently tried to find it another home but its dificult with all the "conditions" surly if you legally own a horse the previous owners cant force you to do anything?

CityLights
10th March 2010, 11:39 AM
You draw up some kind of contract but they can be broken, i sold at horse at my old job with the condition that it would not be used as a broodmare, it has aborted two foals previously, the horse was then sold on from where we sold it to another home that wanted to breed from her

injioho
10th March 2010, 12:05 PM
Personally, I'd say if there are 'conditions' in the sale, why not just loan the horse out?

BEX101
10th March 2010, 12:13 PM
Personally, I'd say if there are 'conditions' in the sale, why not just loan the horse out?

Cos they want their cake (money) and eat it!

ktsval
10th March 2010, 12:30 PM
Owners of TB's registered with wetherby's can have the passport modified with a never to race again clause in it. Other than that when I got my ex racer she never came with her passport so when it became compulsory I had her passported with someone else.

BEX101
10th March 2010, 12:37 PM
Owners of TB's registered with wetherby's can have the passport modified with a never to race again clause in it. Other than that when I got my ex racer she never came with her passport so when it became compulsory I had her passported with someone else.

When i got my TB mare it was at auction and they didnt put a reserve on her lets just say they wernt very happy with the price and they wouldnt give the passport over (which was their way of making sure she wasnt raced or bred for racing)

Catg
10th March 2010, 12:42 PM
Last summer Zeb's owner said she would sell him to me but only on the condition that I would never move him from his current yard as it would break her heart to see him go. I couldn't promise her that so she withfrew her offer. Fair enough but I was gutted :(

injioho
10th March 2010, 12:48 PM
Cos they want their cake (money) and eat it!

Yeah I suppose! It's a bit strange though because obviously they are still attached to the horse and still care for it :rolleyes:

I could never sell Scooby, there'd be way too many 'conditions'!

My Crazy Clan
10th March 2010, 03:27 PM
I think, if the old owners said something like that and you agreed to iy, you should stick by it, I think its only right to respect their wishes.

Poppy and Harmony
10th March 2010, 04:21 PM
I sort of have 'conditions of sale' attached to Harmony, I didnt buy her - she was gifted to me but I own her 100% legit, she's in my name etc.
But her previous owner set down a condition that Harmonys first foal would be given to her once it had been weaned, I don't have alot of contact with her owner and if I don't tell her H is in foal I doubt she would ever know.

I wish now there was a written contract as atleast then there wouldnt have been a grey area around this

My Crazy Clan
10th March 2010, 05:18 PM
Pops - I think your be alright though as that rule applied to the owner but she has given harmony to you so there fore she is your mare not the old owner or the owner before.

XenaWarriorPrincess
11th March 2010, 08:55 AM
How old is the filly?

BEX101
11th March 2010, 09:41 AM
How old is the filly?

I think she was on HH along with 2 others. she was a 3yr old Black TB filly. I'm not interest in racing i just read it and wondered "whats to stop me"?
If she's not fast enough, injured or just not suitable why wouldnt they just say that?

Chloe05
11th March 2010, 01:46 PM
what's to stop you is the fact if it is a written agreement then im sure that it would be written into the whetherby's book just like a horse it branded as loss of use. then if you tried to race it you would be turned away and the old owner could try to get you done....dont know if that would work i might be talking complete toff but i would think its somewhere along those lines..

its the same as any other advert you just have to have faith that the new owner is good enough to not do those things...similar when you see an advert for a horse advertised as a light hack only..who's to stop a new owner from running said horse into the ground...

its a good topic to pick up on and im sure it would generally cause a big debate...thanks for posting about it as i would love to see others views on said subject

XenaWarriorPrincess
12th March 2010, 01:05 PM
She has probably raced before or been in training and found to be unsound for racing and as said above i think you can now have it put in their whetherbys passport that they are not to race again.
Ive never sold any with a condition but unless it is in a written contract then they have no grounds to come back at you if you dont obey that condition.