Horse sale commission agreement

This is a boarding agreement for situations where the stable owner acts as an agent to the sale and receives a commission if he sells the horse. In addition, he receives boarding fees while the horse is on the stable.

Suitable for use in: ACT, NSW, NT, QLD, SA, TAS, VIC and WA
Price A$49.00
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About this horse sale commission agreement

This agreement is between a boarding stable owner who agrees to take commission on the sale of a horse, and the owner. As written, like any boarding stable contract, the owner also pays for boarding while the horse is for sale and has personal access to the stable's facilities.

Sellers often prefer to sell the horse from a stable. The stable may have superior facilities in which to allow the seller to demonstrate the horse's ability, riders on hand who can get the best out of the horse, and surroundings that impress buyers; and the owner doesn't need to spend time  answering questions, or arranging and attending viewings.

The deal should, however, like any business transaction, be recorded in a document that covers all the points. Writing it down not only protects both sides from later disagreement about what the terms were, but also protects the stable owner's boarding business, in that  the stable owner has recourse to the horse owner if something goes wrong (such as the horse damages his stable). Additionally, the terms of the boarding are recorded, which not only gives the horse owner an expectation of additional costs on top of the sale commission, but also sets out the obligations of the horse owner.

When to use this document

Although stable owners are more likely to want to set the terms of the agreement (and thus use this template), a horse owner could also use this document to gain more favourable terms with a seller who does not have a standard sale agreement.

Although this document is drawn to protect the stable owner's interests as strongly as possible, the draftsman has also considered what your clients will think when you send it to them. Although it is written in non-legalistic language, the legal effect isn't reduced. However, horse owners will not worry that they have to see a solicitor before they sign. If you feel that some of the strictest suggestions we have made are too strong, you can soften them.

Agreement features and contents

Key features of this agreement include:

  • The stable owner can choose to evaluate the horse before accepting the instruction to sell
  • A choice of alternative commission arrangements including fixed sum and percentage of the sale price
  • The procedure for selling is covered in full

The contents of this agreement include:

  • Identification of the parties to the contract
  • The agreement
  • Owner warranties regarding the health of the horse and lack of vices
  • Obligations of the owner
  • Arrangements regarding failure to pay fees
  • Horse owner's indemnification
  • Care and sale of the horse
  • Payment after a vet's certificate
  • Commission on sale
  • Disclaimers and limitation of liability
  • Veterinary and medical call out
  • Termination
  • Safety
  • Miscellaneous legal provisions
  • Schedule 1: details about the horse
  • Schedule 2: boarding arrangements and costs
Draftsman

This document was written by a solicitor for Net Lawman. It complies with current Australian law.

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