Anyone who wants to buy or sell a horse should sign a contract. The horse purchase contract, which is offered below for a commercial horse purchase by a consumer to a contractor on the one hand and a private horse purchase on the other hand between two privately acting persons for free download, is only one component of a successful horse purchase and at the same its centerpiece. In the following I would like to prepend a few explanations:
A test-riding and a purchase investigation are both to recommend, since the question of liability for hidden defects is often decided on whether the defect could have been recognizable. The reference to purchasing investigations and the test-riding and related findings in the purchased item (horse)as a living individual, will establish the agreed quality on the horse individually. The correct agreed condition is always better than a warranty exclusion. The purchase contract must leave enough room for the horse as an individual. Finally, in accordance with § 442 BGB, a warranty claim of the buyer is excluded if he knows the "defect" at the conclusion of the contract. This is likely to apply even if the defect has been concealed due to gross negligence For evident riding problems, a test-riding is an indication that the defect was detected or at least slightly recognizable in sense of gross negligence The forms listed below assume that a purchase investigation was carried out prior to the conclusion of the contract. It is to recommend against a purchase before having a purchase investigation, since the findings of the purchase investigation should be part of the purchase price determination.
Basically, we prefer short and long-range purchase contracts, which in addition to the essential information on the horse, refer to the purchase price and its payment of a purchase investigation and test-riding. Thus, it is better to refer to the individual circumstances of the horse as an individual, which will never correspond to an ideal state. Please also read this linked case law on the right of return of a horse in case of an X-ray finding. Here, the Federal Court has clearly decided that the agreed condition depends on the suitability for the purpose stipulated in the contract and that any X-ray findings play only a minor role. For this reason, we do not follow the opinion stated in other download forms that quality agreements should be made on X-ray findings. If we leave this field blank, it may be an admission that the horse is free of any findings. If an X-ray examination should occur in the course of the purchase examination, it should be clarified by veterinarian whether this X-ray finding is inconvenient for the purpose stipulated in the contract, for example the suitability as a showjumping horse or dressage horse or in what period of time it may be expected that the X-ray findings that have come to light will result in riding problems. It should also be noted that not all deviations of a horse from the ideal state can be found in a purchase investigation. Essential is therefore the test-riding.
In the form we have also included the possibility to conclude other agreements. Please do not use this possibility to formulate further "individual contractual" exclusions of warranty to the exclusion of warranty already stated in the form. The Federal Court has already ruled several times in other areas of law that such commonly used handwritten warranty exclusions are nonetheless considered to be used by the seller. In addition, due to the cumulative effect, the exclusion of warranty that has already been effectively agreed in the form of a contract can thereby become invalid. Please use the space for individual agreements for questions that have come to light in the purchase price discovery. For example, you can write in that the purchase price has been agreed with reference to an X-ray report that has come to light during the purchase investigation.
We reject a written form clause. This should be ineffective anyway, as far as it was advertised by statements made outside the purchase contract. For example, the written form clause does not exclude liability for statements in bought notes.
For questions about the contracts, please contact us. We are happy to advise you in the context of sales negotiations to individual requirements for the adaptation of the contract to the specific horse, its suitability and the question of how far advertised statements are made on its suitability