Understanding the components of a good bill of sale for a horse is vital in Pennsylvania.  There are a myriad of issues both the buyer and seller need to address to protect their own interests and liabilities.  The best way to accomplish this is to have a detailed Bill of Sale.  Many times people are tempted to write up a simple document, or borrow one from a friend.  This can prove to be quite detrimental to both parties as it may not adequately protect your interests nor address the details of your specific transaction.   In agreements of sale for horses, one generic document does not apply to every situation.  Many issues must be addressed in this document, including identification, warranties, consideration and risk of loss just to name a few.  It is highly recommended that you contact an Equine Attorney that concentrates in equine law to be certain your interests are protected.  The goal of this article is to begin to educate you on the various issues which need to be addressed in writing an equine bill of sale to ensure you are properly protected.

            A. Vital Information

            The first and most rudimentary information that must be contained in the Bill of Sale are the names of the parties.  You must have the parties’ full names and addresses, and make sure to identify their capacity in the transaction (i.e. buyer, seller, agent, etc.).  Many times you will have a third party acting as an agent for the sale.  Common mistakes in drafting these agreements include: omitting the agent from the contract or mistakenly listing the agent as the owner.  In addition to correctly identifying and naming all the parties to the transaction, each named party must sign the agreement.   

            Secondly you need to properly identify the horse.  Use any and all unique identification characteristics of the horse.  Look at the horse’s Coggins, filled out by your vet, which should list the horses’ unique markings.  If the horse has a jockey club, breed association, show, or other member identification number, be sure to list that.  Also state the horses name, age, sex, height, breed and color; anything to properly identify the animal.

            Finally, after you identify the animal, you must state the purchase price.  You must state with specificity the sale price, and whether it will be in one lump sum or over time.  Also state the method of payment and whether it is required in certified funds.  The purchase price is always necessary because it is a core term of the contract.  Should any disputes arise, the document must state the purchase price and the method of payment in order to be enforceable by a court of law.

            B. Warranties

            The main purpose of including warranties in the contract is to address the intended use of the horse. Whether the intended use is as a companion horse or as a grand prix jumper, you need to decide if that use is warrantable.  Parties can decide to warranty for other things, such as soundness. However, if the parties agree on warranting the horse, the agreement must state clearly exactly what is being warranted, the length of time it is to be in effect, and what the penalty is for failure to meet the warranty.    Buyers may incorrectly rely on oral representations made by the seller prior to sale. Buyers should make sure that any promises are in writing as a term of the contract.  Take for instance, that the seller promises that the horse can be returned for a full refund if the horse for any reason becomes lame within two weeks of the sale. Unless that is specified in the agreement, it is not enforceable. On the other hand, if the contract is being written for the benefit of the seller, the seller may not want to warranty anything other than the fact that they are the owner of the horse and have free and clear title.  Many times, the sale is “as-is-where-is”, and with all faults.  The buyer is free to have a pre-purchase exam performed by a licensed vet to ascertain any physical problems with the horse.  Nevertheless, the bill of sale must state what, if any warranties are present while also affirmatively disclaiming any warranties that are not present.

            C. Indemnification

            In tying in with the warranty section above, the bill of sale should also contain indemnification language on behalf of the seller.  Riding horses is a dangerous sport, and one can not predict how a horse will react at any given time.  Therefore, assuming no fraud is present, the seller will want to be protected from the filing of legal action by the buyer.  Indemnification language does precisely that.  Assuming no fraud or misrepresentation on the part of the seller, this language will protect the seller and prevent the buyer from filing legal action against him/her.  By no means is indemnification language considered a get out of jail free card, but it does however protect the seller from frivolous lawsuits by providing a defense to the action. 

            D. Risk of Loss

            Another core term which should be stated in the contract is when risk of loss passes to the buyer.  There is a point in time when the seller is no longer responsible for the animal, and the buyer takes on the risk of anything happening to the horse. Usually, risk of loss passes when money exchanges hands and the horse leaves your property via the buyer.  However, there are circumstances when risk of loss may not pass immediately.  Suppose that money exchanges hands, but the horse is transported by a third party hired by the seller; or if the purchase price is to be paid over time; or if money changes hands and the seller delivers the horse.  These are various circumstances which could cloud the issue of when risk of loss passes.  Therefore, you should include explicit language in the contract as to the exact time risk of loss passes from the seller to the buyer.

CONCLUSION

            This article is just a glimpse into the issues which could present themselves during a sale and purchase of a horse and is no way to be considered inclusive of all clauses to be present in a bill of sale.  The terms may vary depending on the specific nature of the deal.  The key is, regardless of the transaction; take the time to adequately protect yourself.  It is strongly suggested you consult with an Equine Attorney in your area to discuss these and other issues which may be present in your individual matter.

Ronald C. Isgate
http://www.articlesbase.com/law-articles/writing-an-equine-bill-of-sale-in-pennsylvania-a-basic-primer-717576.html

Have you ever had to list an item up for sale on a site like Craigslist or eBay? Do you know how much of a hassle it is to figure out how to post the item, let alone get enough traffic or interested people to get a reasonable offer? Well, SubBlurbs.com wants to help you with your classified ads.

Classified ads in newspapers have been shown to decrease over the past few years as more and more people are heading online to buy items the traditionally bought in the newspaper. This includes everything from pool tables to fire wood. The beauty of this is that you can still get these items sold online. SubBlurbs.com has a great color layout that will bring the intuitive buyer directly to your listing. They don’t mess around with you, trying to charge you fees like eBay would. SubBlurbs.com is also much better looking than the ugly Craigslist. Plus, SubBlurbs.com allows much more customization of your ads than Craigslist.

It is also dead easy to post a classified ad on SubBlurbs.com. You just go to SubBlurbs dot Com and click Post Ad on the top left hand corner of the site. It is a large button and you cannot miss it. Next, you choose the state you are living in so the item can be properly categorized. You then choose the proper category for the item that you are selling. You can choose from things like For Sale or Jobs, these are classified ads so remember that many different fields are covered and not all are going to apply to you. You will then be asked to select the proper sub category. Finally, you will get to the last page where you can input your title, city or town, your ad description and any other pertinent info you would like potential buyers/viewers to know.

The only thing you have left to do is to verify your email. You just have to login to your email account and click the link that SubBlurbs.com emailed to you and your ad will go live. It is just as simple as that. No confusing process to go through like eBay has and a beautiful site, unlike Craigslist. Also, SubBlurbs.com doesn’t have any really strict TOS, unlike many of the other classified ads sites, just don’t scam or spam and you will have a great place to put up your ads. So go check out www.SubBlurbs.com great place to put up your classified ads for a great price…FREE!

Robert
http://www.articlesbase.com/advertising-articles/finally-a-stylish-free-easy-to-use-classifieds-site-338897.html

I need one that is absolutely free I’ve found a few but they all require a sign up fee.

You are confused. Governments don’t repossess cars. Banks, credit unions, and loan companies repossess cars from people who can’t pay for them. You can call banks and credit unions and ask who auctions their cars for them.

The web sites you visited are not auction sites. They sell directories to auctions. They don’t sell or auction cars.

For government surplus auctions, go to http://usa.gov and click on the link that says, Shop Government Auctions.

I would like to list some Utah land lots on sites for sale. I have an add on Craigslist, but I want to place the add on sites that attract people interested in purchasing real estate.

Any suggestions? Also if you know of any fees please include that.

Thanks.

Chris

You can try "ForSaleByOwner.com"
I don’t know how much they charge. Sorry.

i think its an 09 movie, the people had to sales cars in amount of days. its and comedy movie. like one preview they shown a guy selling a car to an blind man.

the goods:live hard,sell hard

Click on PETA to see live vidio’s of these unforgivable acts.Why does ebay allow these sales?Most are stolen pets with collars still on! I literally vomitted when I saw this.They actually still live and try to get away after they have been skinned.There sad eyes starring in amaze not able to do anything else but,suffer for several minutes more!

I am disgusted!!!!!!!!

F*+"ing ebay are going to get soooooooo many nasty e-mails from me now.

Thank you for bringing this to my attention,poor things.

The reason why is that ebay obviously dont care about anything than making money.

And the people involved will hopefully get what is coming to them.

I urge EVERYONE to send emails to all they know about this pratice, and let Ebay know that we know what is going on.

I believe on capital punishment they are just lucky that i do not run their law enforcement!!!!

Rant over

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And Get It Kansas.com? I really would like to sell soon so we can get settled. Does anyone know of anyplace that I can get the word out there to a broader audience without paying for it because we have limited income.

USAFreeAds.com is a good place that is free, and real estate ads they provide.

After reading in our local paper tonight of the many incidents the emergency services had to attend due to people deliberately misusing fireworks, would you be for a total ban on the sale of them?
Sorry if i’ve offended people – i just got angry tonight when i saw on the news of the woman who died when youths stuck a firework through her letterbox.

It’s gonna be an unpopular answer, but I don’t care.
I have always said that fireworks should only be sold to people with licences and official training. No more fireworks in your back yard; go to an organised and safe community event instead. It’s bound to be better than the stuff you can afford anyway.
Let’s be honest here: we are talking about cheap and legally available explosives. Fair enough, if some idiot decides to stick one up his bum and gets horribly injured – that’s his own fault. What about when some idiot sticks one through your letter box and it goes off in your house, horrifically burning your kids in the explosion? Still think they should be legal? Or some little tit puts a firework up your car exhaust? Or attaches one to your pet’s collar? I’m sure the type of feral youth that roams our streets these days is capable of all that and more.
People need years of training to handle explosives and even then can get nasty injuries if they lose their concentration. How much does your average bloke know about the explosives he is letting off in his garden for a couple of oohs and ahs from his kids.
Fireworks are lethal and we need to remember that. Fair enough, more people get injured in cars than by fireworks, but the same could be said for guns or drugs. Doesn’t make any of them something we should keep in our house or use in front of our children.

Once the buyer signs the sales contract, you might feel the urge to relax.

Don’t sit back and kick your feet up just yet. Your work is not complete just yet. The buyer can still back out of the deal if certain things go wrong in these last steps of the for sale by owner process.

Buyers tend to get cold feet at this point. They see other for sale by owner homes they like for a lower price. You have to take steps to make sure the buyer doesn’t back out of the deal.

After the for sale by owner sales contract has been signed, the buyer’s lender will have an appraisal done to ensure that the borrower isn’t asking for more money than your home is actually worth.

The lender will not provide a loan if the home is appraised for less than the sale price. You can avoid this by having your own appraisal done when you are setting your price in the for sale by owner process. Alternatively, you can make sure that your price is comparable to that of similar homes sold in your neighborhood.

The lender might have your for sale by owner land surveyed to establish the property boundaries. In most cases, this doesn’t present a problem. If your for sale by owner property has not been surveyed in the last 50 years, has recently been subdivided between other people, or has a boundary that changes like a creek, then you should pay attention during this part of the process.

The buyer might have his own inspections done as allowed by the sales contract. These inspections are done at the buyer’s expense and include termite, roof, and general inspection. Be available during the inspection. Ask questions about anything you do not understand. If you so choose, you can have your own inspection completed. It could prove helpful if you need to dispute a report, but is not necessary. Your primary concern should be to fix problems and keep the buyer from backing out of the for sale by owner contract.

You should notify your lender that you will be paying off the balance of your mortgage and ask for a statement of your balance. Collect appliance instruction books and warranty information to give to the buyer. Finally, when you know the closing date, you should notify service providers like electricity, water, cable, and trash of your final billing date.

The for sale by owner closing date will be about 30 to 45 days from the date the sales contract is signed. Depending on your state, your real estate attorney might handle the closing. Alternatively, the lender’s attorney might handle it and your attorney will act as your representative.

At the for sale by owner closing, the settlement statement is reviewed. This statement details the money received. This includes: the lender’s check for the mortgage amount, buyer’s down payment, and the buyer’s earnest money deposit.

The settlement statement also includes money that must be paid out: balance on the seller’s current mortgage, real estate agent fees (if applicable), and closing costs. Finally, the statement will detail the amount you get to keep.

The title to the house is then transferred to the buyer and the process is complete. Your hard work has paid off.

Geri Mason
http://www.articlesbase.com/real-estate-articles/what-to-look-for-when-closing-a-real-estate-sale-94630.html