Home »Documents» Agreements »Sales Contracts» What does a horse sales contract look like between individuals?
If you plan to purchase a horse, you must understand that a contract is compulsory. The essence of such a document is that one side transfers the horse to the other side. Where the buyer should take the horse, thereby paying the amount of money, which will be discussed in the contract.
For the preparation of such agreements are not provided for certain special rules. But it is advisable to draw up a written contract, or to receive a receipt that will indicate that the transaction has actually taken place and is concluded.
Sample model purchase agreement for a horse between individuals
As for the content of such an agreement, it will need to include the necessary data on each side, as these are the most important conditions that must be strictly observed.
Remember that it is customary to consider the essential conditions here - the subject and price, so do not ignore such points.
The subject - this is the animals that are actually transferred to the buyer.
You will need to give a characteristic, features of each animal. It will be required to indicate the breed, color, age, body weight. It is important not to forget to indicate the price and terms of payment. As soon as the seller receives the money, you can issue a receipt intended for the buyer.
In addition to the conditions listed above, the contract must include such clauses as:
- the procedure for the reception and transmission of animals, namely, the terms, conditions,
- responsibility of the parties if certain obligations are not fulfilled,
- order allowing termination of the contract,
- the procedure for resolving certain disputes,
- other conditions.
Essential terms of the horse purchase and sale agreement between individuals
As a rule, there are essential conditions that must be observed.
What does a livestock purchase agreement look like?
About the sample contract for the sale of animals, see here.
- subject of agreement
- those conditions that are prescribed by law or another legal act,
- conditions regarding which, at the request of one of the parties, an agreement must be reached.
Horse Acceptance Act
Naturally, in order to avoid unnecessary problems, it is always required to include all the necessary points in the contract, you will need to familiarize yourself with them in detail, delving into their meaning.
As for the transfer, the reception of the horse, this procedure is drawn up by an additional document, namely, by the act of reception and transmission, which should be known.
It is customary to draw up an act when the buyer receives the horse, and the document is signed by both parties.
In addition to all that has been said, it is necessary to indicate the time period during which the horse will actually be transferred from the moment of signing the contract.
1. Documents confirming the identity of the horse
The purchase of a horse is the same transaction as the purchase of a house, car or other property. In this situation, the animal acts as the property on which it is necessary to draw up papers on belonging. At the same time, it does not matter for what you intend to keep the animal - for exhibitions, pleasure or sports. In addition, it does not matter what breed, age or gender it is.
Contract of sale or the act of sale - a document in which all the signs of the animal and its price are indicated. This paper must have the signature of the person who purchased the horse, as well as the signature and seal of the director of the stable selling the animal. If you bought a pet from a private owner, then in this case its signature has full legal force, but the contract must be signed by a third party certifying the transaction, or certified by a notary. Moreover, in all these cases, the new owner must have a cash receipt.
A sales contract with a legal entity can be concluded even in writing or in the form of a written act of transfer. But if you are making a deal with an individual, it still makes sense to conclude a notarial agreement. The notary certification of such an agreement is small, it amounts to a certain percentage of the value specified in the agreement.
It is important to note that the risk of death of a horse passes to the buyer from the moment when the seller has fulfilled his obligations to transfer the horse.
Receipt of the animal should be with the new owner after the transaction, and a receipt in receipt of the full cost of the horse from the one who sold the horse. This point is often overlooked by many parties to the transaction, and in vain. Subsequently, these documents will avoid many problems, especially if you have any disputes in court.
2. Identity documents of the horse
In the Russian Federation, again, there are no laws requiring horse owners to issue passports, but they will be required for sale, transportation, participation in exhibitions and competitions. If you purchased a thoroughbred horse without documents, you can arrange them yourself. To do this, you need to contact the All-Russian Research Institute of Horse Breeding (VNIIK).
This organization keeps a centralized record of certain breeds of horses: Don, Tersky, Akhal-Teke, Budyonnovsk, Arab, Trakenen, Oryol, Hanover, Russian, Holstein, American, Standard Bred, Russian Soviet, Persheron, Vladimir and Scottish ponies. In addition to accounting, VNIIK maintains a pedigree book, as is customary throughout the world animal husbandry.
Passport, formerly pedigree certificate (pictured) of a horse - This is an official document that identifies the breeding horse registered in the VNIIK. Such a document for a horse is issued to the owner, who must check all the points and data, and then seal the document with a signature. If the animal will participate in any tests, then the horse's passport is transferred to the hippodrome.
The pedigree horse's passport confirms the breed and tribal affiliation of the animal. It indicates the nickname, breed, brand number, number of the passport itself, date of birth, in addition, the ancestors of the animal up to the fourth knee must be registered in the document. After the purchase, the new owner fits into the passport.
The document is a double folded cardboard booklet (in the spread it is A4 format) with an expanded origin and graphic description, it will be accepted, photographs are not required in this document.
Passports issued at the VNIIK have different colors depending on the breed of the animal. Horses of Hanover and Trakenens breed get pink passports, Budenovites have blue passports, their high-blood crossbreeds are pink passports. Purebred Don horses have light green passports. Animals with incomplete origin are given white passports.
Breeding documents for a horse of some breeds are issued by those organizations that are responsible for them. For example, documents on Russian riding horses are drawn up by the Timiryazev Agricultural Academy. At the same time, any horse’s pedigree passport, no matter what organization issues it, must have the signature of the person in charge and the blue seal of the organization.
Prices for a breeding passport vary and depend on age and breed. The most expensive documents from Arabian horses older than 3 years, they will cost about $ 250. For Don, Budyon and Trotter breeds, a passport will cost about 500 rubles, if you want to apply for a crossbreed or a purebred horse, then in this case the registration will cost 300 rubles.
A sports horse passport is issued by the Equestrian Federation of the Russian Federation, it is sometimes called a walking horse passport. Such a document should be in all horses used in classic sports. This passport indicates the general signs of the animal, the name of the owner, the pedigree (if there is confirmation). The document is needed to identify the animal during sports tournaments, record the results of the event, and indicate vaccination information.
A sports passport on a horse is a booklet with a photograph; photography is not required for an internationally issued passport. The sports horse's passport has a yellow or brownish-cream color. Such a document is started on a horse from the moment of the beginning of its sports career, and it testifies only to the sports value of the animal. At the same time, the pedigree horse used in sports must have two passports - a sports one and a pedigree one.
Export certificate - a document that must be attached to the passport when selling a horse abroad. During the border crossing, the horse’s passport is transferred to the staff accompanying the animal.
Horses that were brought to Russia from other countries, as a rule, already have passports in a foreign language. In order to get paper on the horse in such a situation, you need to transfer its blood to the VNIIK laboratory, and a copy of the passport to the breeding department of the corresponding breed.
3. Veterinary papers on a horse
In order for the animal to live in the stable or to participate in competitions, exhibitions and other events, it is necessary to have certain veterinary documents for the horse.
Veterinary certificate or veterinary certificate (of various forms) or as they are also called "passing" - documents for the horse, in which it should be written where the animal is exported from and where it is imported. Various forms of these documents are used to move from a city, district or region.
In such a document, the horse should indicate all the studies and procedures carried out in the veterinary laboratory, such as vaccinations, blood tests, deworming and so on. In addition, the document must contain an indication of the epizootic state of the area in which the horse was previously located, that is, the certificate must be issued in the area from which the horse arrived. If your animal was purchased in the same area where the stable is located, then you can use the old veterinary documents.
Veterinary passport - a document in which all vaccinations and studies are entered. Such a document does not replace veterinary certificates and certificates; official requirements of federal legislation on the binding of this document also do not exist. But there are a number of entities in which local authorities passed a law on the mandatory presence of a veterinary passport for a horse, in which case this should be done by the veterinary service. If this organization does not have certain requirements, then the passport, as a rule, has this form.
If a person or an organization selling an animal refuses to give you the documents he has for a horse, then you have the right to refuse such an acquisition, unless, of course, some special conditions and terms for the transfer of papers are specified in the contract.
If a horse was bought from a person who did not have rights to the animal, and you did not know this and could not know, then the owner has the right to recover the animal from you in court, only if it was outside his possession against his will, for example, was stolen.
4. The issue of the delivery of goods on a prepaid basis on the basis of the contract of sale.
A preliminary sale and purchase agreement on horses was concluded, according to which 2 foals (for each separate agreement) will be transferred to the property after completion of registration by the owner of documents (veterinary certificates and animal passports). The owner was given 45 days to draw up documents for foals, the contract was concluded on July 9, 2016.
07/26/2016 the owner announced his readiness to transfer the goods (foals)
07/28/2016 brought the goods in terrible conditions of transportation, with fake documents. The owner herself did not come to conclude the contract, but passed it through the driver that he was delivering the goods.
The foals were sent back, they contacted the owner and he said that he was ready to return the prepayment and she was not going to complete the documents until the end.
I waited for these horses, kept a place for them in a private stable, paying for them, paid for a lawyer for a contract, paid for a specialist for a horse inspection. I stayed at a loss. The owner requires termination and return of prepayment.
I need to either receive the goods or recover damages.
The question is what to do in this case? The contract has not expired.
How to recover losses or receive goods?
4.2. You are entitled to recover damages.
All losses that were caused to the buyer due to violation of his rights under the contract of sale must be compensated in full in excess of the penalty established by law or contract. Moreover, this does not exempt the seller from the fulfillment of the obligations assigned to him under the contract of retail sale.
Article 15 of the Civil Code of the Russian Federation states that a person whose right has been violated may demand full compensation for losses incurred if a smaller amount is not provided for by a law or contract.
Write a claim to the seller, demanding the settlement of the issue and compensation for losses. If the issue is not resolved, then the issue can only be resolved in a judicial proceeding.
Attach a copy of the claim and a notice of receipt of the claim by the seller to the statement of claim, as confirmation of the settlement of the pre-trial order.
Question on the topic
6. Please help with solving the problem under Civil Law, the task is as follows:
The farmer Zyugontsev bought a three-year-old mare at the stud farm in order to regularly get offspring from her and use it as a traction force on the farm. After 2 mating with the farmer’s stallion, the mare didn’t conceive. 5 months after the purchase of the mare, Zyugontsev took her to the stud farm and demanded to take the mare back, and return the money paid for her.
Questions for the task:
1. How long does the farmer of Zyugontsov have the right to return the purchased mare to the stud farm, since it has a drawback: does not produce offspring?
2. To what extent is the farmer of Zyugontsov entitled to demand compensation from the stud farm for lost profits?
3. What amount is the stud farm obliged to return to the farmer Zyugontsev if the price of horses has dropped?
4. Within what period must be satisfied the claim for damages upon termination of the contract of sale of the mare?
5. Can the Zygontsev penalty be paid by the stud farm for the delay in satisfying his demand if it occurs?
6. Is the stud farm obliged to reimburse the farmer Zyugontsev costs associated with the delivery and return of the mare to him?
8.2. You need to change the registration data in the TCP to a numbered unit-engine. It is pointless to appeal, the court will refuse.
According to paragraph 4.
Order of the Ministry of Internal Affairs of Russia dated November 24, 2008 N 1001 (as amended on February 13, 2015) "On the procedure for registration of vehicles" (together with the "Rules for the registration of motor vehicles and trailers for them at the State Road Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation", " Administrative regulations of the Ministry of Internal Affairs of the Russian Federation performing the state function of registering motor vehicles and trailers for them ")
Vehicle owners or persons on behalf of owners who own, use or dispose of vehicles legally are required to register them or change registration data in the prescribed manner during the validity of the TRANSIT registration plate or within 10 days after the acquisition, customs clearance, deregistration of vehicles, replacement of license plates or other circumstances that require a change in registration yes GOVERNMENTAL.
(as amended by Order of the Ministry of Internal Affairs of Russia dated 07.08.2013 N 605)
Further - "owners (owners) of vehicles."
Clause 3 of Decree of the Government of the Russian Federation of August 12, 1994 N 938 "On state registration of motor vehicles and other types of self-propelled equipment in the territory of the Russian Federation"
8. Registration of vehicles owned by legal entities and individuals, change of registration data associated with the replacement of license plate units of vehicles is carried out on the basis of vehicle passports, contracts concluded in the established manner or other documents proving ownership of vehicles and confirming the possibility of admission them to participate in traffic on public roads in the Russian Federation.
According to the Order of the Ministry of Internal Affairs of Russia dated 07.08.2013 N 605 "On approval of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation on the provision of state services for the registration of motor vehicles and trailers for them" 15.5. Documents proving ownership of the vehicle, numbering unit in accordance with the legislation of the Russian Federation.
Documents proving ownership of vehicles, license plates submitted for administrative actions must contain: the date and place of their preparation, subject and terms of the transaction (decision of the state body), cost of the vehicle (if any), for the individual - surname , name, patronymic (if any), address of place of residence, passport data, for a legal entity - TIN, full name, legal address, signatures of the parties (if the presence of signatures is provided for in the form of a document ent), vehicle identification data, as well as the series, number, date of issue of the vehicle passport and (or) registration document and (or) registration mark (if any), unless otherwise provided by the legislation of the Russian Federation.
The documents certifying the ownership of vehicles, number units include:
an agreement concluded in the established manner (sale, exchange, gift and other agreements in accordance with the Civil Code of the Russian Federation), certifying the ownership of the vehicle, number unit,
documents issued by the social security authorities on the allocation of vehicles to people with disabilities or on changing the ownership of such vehicles in the manner prescribed by the legislation of the Russian Federation,
court decisions, court orders, decisions of enforcement bodies,
extracts from transfer acts (relating to vehicles) when merging legal entities, joining a legal entity to another legal entity, or transforming a legal entity of one type into a legal entity of another type (change of legal form),
extracts from the dividing balance sheet (concerning vehicles) when dividing a legal entity or when separating one or more legal entities from a legal entity in accordance with Articles 57, 58 of the Civil Code of the Russian Federation,
certificates of inheritance,
a certified extract (copy) of the protocol of the drawing commission, or the rules of the lottery and the act of transferring the vehicle received by the owner as a prize, unless otherwise provided by the legislation of the Russian Federation,
other documents proving ownership of vehicles, license plates in accordance with the legislation of the Russian Federation.
For vehicles and license plates released from military units, an additional copy of the contract with authorized military command authorities, as well as an invoice or acceptance certificate for the fixed assets, as well as in the absence of a vehicle passport, a certificate of safety of the vehicle’s design is presented .