Pros
and Cons of Trial Periods
Whether you are in
the market to buy or sell a horse, having the option to place the horse in his
new home for a trial period has many benefits--and the potential for many
problems--for both parties.
The greatest benefit of a trial period is for the buyer of the horse.
There is no better way to really get to know the horse, see him in a
different environment and have time for your vet to do a pre-purchase exam.
Be aware though, that you are totally liable for the horse’s well-fair
while he is in your care. If he gets
hurt or sick you pay the vet bill. If
he has a fatal accident or suffers an injury that causes permanent damage you
will pay the owner the full purchase price.
The owner of the horse has the right to demand full payment and refuse to
take the horse back if he is not returned in exactly the same condition as when
you took possession. An unscrupulous
seller may claim that an old injury was not there when you took him, or claim
that he was in better condition (physically or training level) when you took him
than he actually was. Buyers also
need to be aware that there is a drug used on horses to make them calm that can
last in the system for up to two weeks. The
drug is Resperpine. It is a drug
intended for human use and will not show up in a normal drug test unless you
screen for it specifically.
As the seller of a horse, allowing the buyer to take possession of the
horse for a two week period may make it easier to close the sale.
It may also add credibility to your reputation. If you are not a
dealer and it is important to you that your horse is placed in the right home
and not re-sold several times, this option would make sense.
However, you as the seller are taking all the risk.
Some factors that you may want to take into consideration when deciding
to let a horse go on trial are: the horse’s age, the level of training the
horse has, the distance from you he will be going, the level of experience the
buyer has and the availability of references.
The younger a horse is the less suitable he is to go on a trial period.
A young horse is much more impressionable and learning from his
experiences and handling all the time. Also,
a younger horse is more likely to play roughly and injure himself.
Regardless of the horse’s age, a trial period is not in your best
interest if you have a horse with a lot of specialized training that may be
compromised by being ridden incorrectly.
A buyer who lives more than two or three hours from you is another
situation where a trial period is probably not in your best interest.
If there should be a problem collecting the balance, it will be very
difficult to retrieve him, especially if you have to cross state lines.
Also, you are less likely to be acquainted with the references provided.
Along with references (and your own observations) of the buyer’s skill
and knowledge level, you should also get references from their farrier and
veterinarian. Letting a horse go on
trial with inexperienced horse people should never be an option unless they will
be under the supervision of a trainer/instructor.
You should meet and observe the instructor/trainer handling your horse
before letting them take possession.
To protect both the buyer and seller make sure you have a signed written
contract before the horse leaves the seller’s property.
It should include: the name and description of the horse, the sales
price, the amount of deposit required for trial period (half the sale price is
fair), length of trial period (up to two weeks is fair), date trail period is to
begin and end, agreement of buyer to assume all responsibility for upkeep
according to the sellers specifications (detail here type of feed, supplements,
special care, etc.) and any emergency veterinary care (here the seller has the
right to mandate vet of choice unless that vet is unavailable in an emergency
situation) of the horse while it is in the buyer's possession and pay for the
horse in full should a fatal or permanent injury or illness occur, a detailed
description of the condition of the horse when buyer took possession (pictures/video
are very helpful) and any other provisions either party wants understood.
Don't be intimidated by the thought of creating a contract. It is more
important that the written agreement have all these components and be signed by
both parties and a witness than it is to have a "formal" looking
contract. The contract can also be notarized at your local bank (usually
at no charge). If you are going to have it notarized, do not sign the
contract until you are in the presence of the notary. When the
purchase price is substantial, usually the buyer is required to purchase
temporary insurance for the horse while it is in his possession.
Buying and selling horses can be a long and trying process.
Almost everyone involved wants to see a win-win situation with the right
horse being placed with the right rider/situation where everyone is happy.
It takes a lot of work and patience on the part of both the buyer and the
seller to find that perfect match. Using
a trial period can help clarify that the match is indeed a perfect one.
In situations where a trail period is not suitable, the buyer should be
welcome (and take advantage of the option) to return to see the horse at
different times and preferably at least once without an appointment (to be sure
the horse is not being drugged or worked to “get the edge off” before the
buyer shows up). Regardless
of the purchase price, a horse should always be given a thorough pre-purchase
exam at the buyer’s expense by the veterinarian of the buyer’s choice.
This is to protect not only the financial investment, but the
emotional investment in the purchase as well.
The
following website has more excellent considerations and suggestions for buying
and selling horses: http://www.equinelegalsolutions.com/secretprofittaking.html
Best
of luck!
Stable Eyes
