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  Discussion on Buyers and sellers please respond!
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Posted on Tuesday, Apr 17, 2001 - 7:54 pm:

What has happened: Mare was bought for $900 and seller gets a foal out of the mare buy her stud. Mare was in good health when attempts were made to breed her to the stud. The stud was in poor health but buyer went ahead and let seller attempt to breed mare as part of sale agreement. The foal was never produced and seller and buyer waited for this year. In December, stud died of cancer. Foal was to be out of mare by that stud. Stud is dead. Now what? No foal for seller or is seller responsible to pay for stud fee if they choose another stud? Buyer never agreed to pay more than above for horse and no stud fee was required for the sellers stud to breed mare. I would like to hear from buyers and sellers on how they would deal with this matter. Thank you, Angela

Posted on Tuesday, Apr 17, 2001 - 9:52 pm:

IMHO...seller had her chance. (Sympathy about the stud). I don't think the buyer has any further obligation of any kind.

Posted on Tuesday, Apr 17, 2001 - 11:55 pm:

My first question is: Was anything written down or was there any type of verbal agreement about how long the seller could try to get a foal out of this mare? If there was no prior agreement, I certainly would not expect the buyer to be responsible for a stud fee. I think getting a foal from the mare is a little stickier depending on how the buyer and seller agreed. By that I mean, if the seller said something like "I'd like to get one more foal out of this mare, so I want to breed her to my stud" and the buyer said "No problem", I would think the seller probably has the expectation of being able to breed the mare until she gets a foal. If that's the case, I think the buyer and seller need to come to some sort of agreement as to how long the seller can continue to try to rebreed this mare. On the other hand, if the seller said something like "I'd like one shot to breed my mare to my stud" then I think the buyer is free and clear.

Good luck!
Nancy

Posted on Wednesday, Apr 18, 2001 - 1:29 am:

Last season (in Aust) i purchased a mare on the condition that the person could get one more foal out of her. In my case almost all went as planned (other than the person not attending the birth and things going slightly wrong) but in the first place i drew up a 5 page contract covering everything i wanted and what i thought she wanted, she made a few final changes one was that if mare slipped or foal born dead, sick or dummy (ie qualified for free return) that the mare would be made available the following season. this was fair i felt but i put in it that if the mare did not take or slipped etc again that though being unfortunate it would be a waste of my time paying for a mare and her being used by someone else for such a long period of time. But remember, this was in a signed & wittnessed contract which was somewhat binding, if you have no contract you may just need to say that though the circumstances are unfortunate you agreed to make the mare available for service that year and when it did not take that the person should have arranged for another stallion to provide the service for that year. At the end of the day you paid for a horse so you could have a horse not to "free let" it to someone for however many years it takes to get her in foal to the point of weaning.
Good luck
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