PintabianBiz Marketing & Sales
Copyright © 2006 B. Paul Husband
Successful sales are the lifeblood of most horse businesses. Properly transacted sales can be highly rewarding. Poorly transacted sales can be a snakepit for the unwary.
Whether you are selling inexpensive family horses, or champions for hundreds of thousands, or even millions of dollars, you should protect yourself by including some legal safeguards into the sale. Here are some suggestions to minimize hassles and make selling your horses an enjoyable and profitable experience.
Do It In Writing
Whether the sale is for $100 cash, or $100,000 on terms, it should be reflected in writing. A written agreement gives greater certainty than an oral agreement. Under the Uniform Commercial Code, it is necessary to have a written agreement to have a legally enforceable sale of a horse for more than $500, although there are a few exceptions to this rule.
Having a written agreement offers protection for both the seller and buyer. A written agreement makes the warranties, if any are given, more certain. If you are a seller and want to exclude warranties that are implied by law, the exclusion must be in writing to be effective. If you want to create a security interest in connection with a sale on terms, you must have a written agreement. In most states, a written agreement is also necessary to enable a seller or a buyer to recover attorneys' fees if you have to hire one to enforce or rescind the sales transaction. Usually the written agreement has to specifically state that in the event of a dispute, the winner gets their attorneys' fees paid by the losers.
One of the biggest problem areas with sales is with warranties. Warranties can be either "express', that is, made orally or in writing by a seller, or, in some situations, they are implied by law. Both express and implied warranties can form the basis for post-sale disputes.
A written warranty is preferable from either the buyer's or seller's perspective. From a buyer's standpoint, a written warranty is the best way to prove whatever was warranted or promised. An oral warranty can be valid. An oral representation that becomes part of the basis of a bargain is an express warranty. In a dispute, there is always a danger that the trier of fact will believe what an untruthful seller testifies that he or she said, or did not say, about the horse which would have constituted an express warranty.
From the seller's standpoint, a written warranty will prove both what was warranted, and what was not warranted. A seller must also be aware of warranties which are implied by law. There are two implied-at-law warranties: the implied warranty of merchantability, and the implied warranty of fitness for intended use.
The implied warranty of merchantability is usually not a problem. If the horse will pass as described in contract without objection, the warranty of merchantability is satisfied. In other words, if it is a horse, not a cow or a donkey, it is merchantable as a horse. A lame gelding is still merchantable as a gelding. A barren mare is still merchantable as a mare.
The problems more often arise with... (click to continue)
The foregoing is a general article and is not intended as specific legal advice. Individual circumstances and applicable law vary. For legal advice concerning your matter, please contact a qualified attorney.
P. Paul Husband is an equine law and tax attorney serving horse businesses throughout the United States and internationally. He can be contacted at (818) 955-8585 or through his website: www.husbandlaw.com
TIP - Advertise free on Facebook.
Research is Key
TIP - Do your research and find your niche.
TIP - Always carry business cards.
Your business card should be well-designed and
contain complete contact information.
TIP - Consider hiring a professional photographer.
Good photos are absolutely essential.
A poor photo can make a good horse look bad (and
TIP - Facebook can be a fun place to meet Pintabian
Search for the 'Pintabian Horse' group on Facebook.
After all, what's not to LIKE?
An important part of good salesmanship is
Social networking is more than just a way to
reconnect with old friends. It is also a good way
to network with those who have similar interests
and market horses. Besides Facebook, some
of the more popular social networking sites
include Twitter, CafeMom, LinkedIn, Google
Plus+ and MySpace.
Those who increase their marketing and business
skills are more likely to build profitable and
"Horses have always fascinated me.
They are among the most beautiful and
intelligent animals of God's creation."
"Marketing is very much about experimenting
to find out what works, as every business is
different, with different target markets and
different limitations." ~Alison Jones
"When advertising your horse, BE
AVAILABLE! In other words, try to run the
ad when you know you will be home. If you
are not going to be home, state the time
you will be. Many people won't call back
twice." ~Pintabian Ink Spot, Vol. 2, No. 1
"When selling your horse, speak confidently,
point out the good attributes, and sell the
benefits of what your particular horse will do
for the customer!" ~Bob Carr
"When advertising, keep your name in front
of the public. It is better to run smaller ads all
the time than to run one large ad and then
quit." ~Pintabian Ink Spot, Vol 1, No. 4
"Marketing is how you grow, and if you want to
arrive at this time in 2013 with something to
celebrate, you need to stick to your marketing
regimen." ~Joy Gendusa, Postcard Mania
"Instead of thinking outside of the box, get rid
of the box." ~Deepak Chopra
"We are all salespeople every day of our lives,
selling our ideas and enthusiasm to those
whom we come in contact." ~Charles Schwab
"Include the price when advertising your
Pintabian horse for sale. Surveys indicate
that buyers are more interested if they know
the price." ~Pintabian Ink Spot, Vol. 2, No. 2
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