Selling contract

GoldenWood Farm · #1 07/20/14, 03:20 PM

I am selling a doe with a kid back next year kind of deal. The doe will be brought back to my farm this Fall to be bred to one of my bucks and I will be retaining a doe kid of my choice next Spring. I will be requiring a copy of the CAE/CL status of the herd this doe is going to before any of this happens for the safety of my herd.

That being said I need some ideas of how I can write up a good contract for both of us to sign and retain copies on pertaining to me getting a doe kid of my choice back next Spring. What is the best way to do this? I would like that doe kid to still be registered under my farm name as well, what is the best way to go about doing that? I have a week to write this contract up and have everything figured out.

I have never done a deal like this before so I want to do it right for both of us

.

Justine

punchiepal · #2 07/20/14, 06:13 PM

Check with ADGA but I think the only way to have the kid retain your farm name is to sell it already bred. If the doe is transferred to a new owner before breeding, I think the kids get the new farm name.

GoldenWood Farm · #3 07/20/14, 06:16 PM

I know I can do a lease I believe on the doe or I started thinking about that and I could have her send in the paperwork after the doe is bred. I will call the ADGA and talk to them about it.

Any ideas on what I should include on the contract?

Justine

**mygoat** · #4 07/21/14, 09:16 AM

The kids will have your herd name if the doe is serviced while in your ownership.

What are you going to do if no doeling is born? Or if the doeling born is significantly defective or dies? What if you decide to keep a buckling? What if the dam dies?

I would word the contract as a lease, where the doe is signed over to their full ownership upon adequate payment in the form of an offspring of your choice.

Doug Hodges · #5 07/21/14, 12:14 PM

I think mygoat nailed it. Lease until contract paid in full.

togg75 · #6 07/21/14, 01:23 PM

Just write it up in plain English. Start with a general overview of the deal. Then discuss the individual responsibilities for you and them. Discuss how the registration wi be handled. Discuss transportation cost. Then develop plans of agreement for escapes, hold harmless clauses, who pays if animal dies, etc... Any thing that could happen needs to be discussed and put in the contract. Remember it's not personable but business.

GoldenWood Farm · #7 07/22/14, 01:44 PM

All very good points, thank you everyone!

Thankfully this gal who is buying the doe (well two does) lives right next to me by maybe a few miles. I am contacting the ADGA today to discuss the best way to go about having a doe kid registered still under my name. Dona I am taking what you said into consideration and I very might well do it that way. But I want to look at other options as well.

Justine

Sensiblefarmer · #8 07/22/14, 05:03 PM

I've always thought it common knowledge that if you need a contract that will have much of a chance of being enforceable in your state, you simply must have it drawn up by an attorney. Legalese is not simply a bunch of fancy words that lawyers use to veil their activities from non-lawyers. They use terminology that is recognised by the legal system in ways that other lawyers and the legal system understand and interpret to mean very specific things that plain English often does not. By putting it in your own words, you risk having part or all of your contract deemed unenforceable by the legal system in your state, which may also vary from state to state.

For years dog breeders have dreamed up all sorts of stipulations in which to try to regain control over animals which they have sold. I hate to see that pretentious attitude creep into the goat world as well. Many of their contracts are frequently found to be unenforceable. Foolish puppy buyers often agree to many things just to get a dog that they want. I've always wondered why anyone would pay so much money for a dog yet still agree to be told what to do with it.

If you find a sucker to agree to all that you ask, then you still have to pay to enforce the contract if they decide to tell you to go pound sand. It will cost you more than the goat is worth to even begin proceedings to get them to comply, and with a homemade contract you might not even prevail. The first year's breeding season will be long gone before you even get a court date. Not worth all of the hassle IMO. If a doe was so valuable to my herd that I needed a kid out of her, I'd breed her myself until I got what I wanted, and then sell her free and clear. I don't even want to bother with the hassle of keeping track of her and her owner to make sure that she gets bred where and when I decide, her health care is kept up to my satisfaction, etc, etc. Some people have time to fuss over such things, not I. When something is sold it is the buyer's to do with as he pleases, not the previous owner.