Do you use a formal sales agreement when you sell or buy a Miniature Donkey? Have you ever had a dispute when buying or selling an animal? These are two of the questions I asked Miniature Donkey breeders in a recent survey. Most answered “no” to having a formal sales agreement and “yes” to having a dispute as a buyer or a seller.
Most people anticipate a reasonable settlement if a dispute develops and many sellers just don't imagine a problem until one arises. In asking breeders what they would do in certain situations, it was clear there were no easy, black and white answers. The variables to consider were numerous. What are they expectations of the buyer or seller? What guarantees are made concerning health, size, color, conformation, pedigree and fertility? How long should a guarantee be valid? In the case of a foal, is fertility guaranteed until that foal is mature and settled at three to four years? If a jack purchased for breeeding and does not breed or drops only one testicle, what should the breeder do? What should the buyer expect? Does a seller have a greater responsibility to the buyer when charging premium prices for their foals?
We've all seen the claims: “this donkey will stay small,” “this donkey will be a show winner,” “this donkey is black” - only to find out two years later that they donkey is 34", brown and conformationally unbalanced. Does a buyer have any recourse? Should it be understood, despite all the claims, buyer beware? Should a mature animal command a higher price than a foal because there is no question of color, size, or conformation?
There are many questions concerning buying and selling animals that have no clear answers. The various problems that may arise should all be addressed. This way both parties are clear as to what is expected.
Here are a few scenarios to consider. What would you do as a buyer? Would you feel differently as a seller?
1. You purchased a jack foal from a well-known breeder. This jack was advertised as “black, should mature under 32", excellent conformation.” You pay $3500. Three years later this jack is brown, 33", with good conformatoin. You have no written agreement. What is you expectation? What do you do? As a seller do you feel any obligation to consider the buyer’s complaint?
2. You sell a 2-year-old sorrel jenny, excellent conformation and a show winner. She is purchased at top market price. At four years old, the buyer claims she has not been able to get her bred after 1 year of trying. What do you do?
3. You buy a Miniature Donkey at a breeder’s farm which you see and examine. It is said to be 33" tall, but you do not measure the animal. You purchase the animal and when you get it home you meausure it at 35". What do you do? Who is responsible?
4. You purchase a 7-year-old jenny at a sale with a jenny foal at her side. You notice the foal has a runny nose and a cough on the way home. You seek vet care, but the foal dies three days later in spite of aggressibe treatment. What do you do? Who is responsible?
5. You sell a nice quality weanling jack to a buyer interested in breeding. You fill the registration papers out with your farm name and all the information. The buyer puts his farm prefix on the animal’s papers and advertises him as his own breeding. What do you do? (See Asset Issue No. 29, page 16, "In My Opinion.")
| What are the expectations of the buyer or the seller? |
| What about size and color guarantees? |
| What about fertility guarantees? |
| Does a seller have a greater responsibility to the buyer when charging premium prices for their foals? |
| Should a mature animal command a higher price than a foal because there is no question of color, size, or conformation? |
Situations such as these are usually unanticipated and can be difficult to resolve. In writing this article, it appeared to me that the best way to protect both the buyer and the seller is to have a written agreement. It should include sales expectations and “what if’s .” Both parties then have a clear understanding at the time of purchase. Even with “in good faith agreements” things can go wrong, expectations can change and memories can fade. The best bet is to have it clear and in writing.
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