Re: responsibility/liability ????

Posted by bc on May 30, 2009 at 15:06:10 from (71.158.210.217):

In Reply to: Re: responsibility/liability ???? posted by dave2 on May 29, 2009 at 22:22:19:

Thanks Dave. Sounded like there was more to the story. You indicated when you sell under contract you stipulate that you refund when things happen that are under your control but that is probably local sales. Good for you in that that regard. Would you do the same if someone in the states wanted to buy one of yours in Germany? Even with such a contract, unless you spell out in dollars how much is going to be paid for what losses and what isn't covered, it is just ripe for a lawsuit anyway.

But, I'm not sure most sellers would agree to such a contract unless there was extra bucks for daily care, vet bills, release of liability if another horse kicks it, etc., rabid skunk bite, wire cuts, steps in a hole and breaks a leg, and all other issues that can happen to a horse in your care.

In this case I would think that you would want insurance to cover any loss whatsoever. And whose control is the horse in when a transporter picks it up, spends 30 days in quarantine, takes it to the airport, during the flight, and then during the period before pickup in Luxemborg? Sounds to me like there are multiple parties with all of them needing contracts. When something goes wrong everyone will be blaming someone else so I don't blame the seller here. What if the horse dies in flight? What if the horse doesn't pass a coggins test or gets some other disease before the flight or after? The transporters, airlines, and quarantine people would try to claim the problem came from the seller. I completely understand the seller's position.

This is NOT your standard sale barn or farm purchase of a horse. Too many other parties and variables here. I personally would want to get insurance or be prepared to lose my money paid. But I've seen five hundred dollar paints and papered megabuck paints. Not sure what you are getting, but a mega buck paint would be worth insuring. Especially with all the money you are spending to board it in quarentine for 30 days, transportation, and the airline flight. If this seller is in the business of selling megabuck horses I understand his position of protecting himself. Are you having a vet check the horse and is it your vet or the seller's vet? You wouldn't know who a trustworthy vet is. They don't run tests for all possible diseases and problems anyway. Even if there was a good vet check before the sale, the other parties are still going to blame something on the seller after the vet check and while in the seller's care. A no win situation and a bunch a messy litigation that no seller wants to get involved in.

Good luck on this. And I don't mean any offense by arguing against your position but you did ask for opinions and this is my 2 cents worth(1943 steel pennies adjusted for inflation).

Replies:

• Re: responsibility/liability ???? dave2 11:46:41 06/03/09 (0)

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