How To Make A Contract For The Sale Of Animals?
A contract for the sale of animals, although not mandatory, is highly recommended in some cases, especially when we talk about joint ownership of animals.
Contract for the sale of animals in joint ownership relationships
Current laws still consider that animals can be the subject of joint ownership. For this reason, several people can be the owners of the same animal, and it is possible to make an animal co-ownership contract that is valid in the legal field.
Likewise, a contract for the sale of animals is not necessarily a requirement for the formalization of a joint ownership. But, logically, the ideal is that the co-owners always make a contract before jointly acquiring the animal.
Through this document, the rights and responsibilities of each owner can be established. By establishing the conditions under which said joint ownership is established, it is possible to avoid future legal actions due to the lack of agreement between the parties that share ownership of the animal.
There is no single model to make an animal sale contract, since its content must be adapted to the specific agreement between those who acquire the animal. But considering that this type of agreement is especially common in horse co-ownership, we will take this situation as an example to offer you several tips below.
7 tips to make a contract for the sale of animals or adoption
As we can see, it will be very positive to take into account these guidelines and clauses to include when making a purchase contract on our pets:
- Maximum attention to personal and operation data. It may seem obvious, but it never hurts to remember to carefully review the details of the seller, the buyer and the conditions of the sale. It is also essential to include the date and place where the contract is concluded.
- Identify the animal in details. The animal acquired or adopted must be identified in detail in the contract of sale or adoption. Some essential data: species, race, sex, microchip number , lineage (if necessary), etc.
- Origin and origin of the animal. A contract of sale or adoption must always clearly and objectively express the origin and provenance of the animal. In other words, how it has come into the hands of those who, on this occasion, sell it or give it up for adoption.
More contractual details to consider:
- Avoid economic misunderstandings, in the case of a sale, the price, the method and the payment conditions. In the case of joint ownership, it is essential to state whether there is any difference in the percentages invested by each owner in acquiring the animal. When the operation is subject to the payment of taxes, it is also advisable to enter into prior agreement in this regard.
- Clarify the fees of each owner. In joint properties, the share corresponding to each joint owner must be clearly and objectively expressed in the contract. This is essential to regulate the responsibilities of each owner in the maintenance of the animal and determine what corresponds to each one in case of termination of the agreement.
- Express the purpose or objective of acquisition of the animal. If the animal is acquired specifically for the performance of sports activities, it is advisable to clarify this objective in the contract. In the event that the animal does not demonstrate the qualities promised by the seller, the contract could be declared void.
- Carry out an examination prior to signing the contract. To ensure that the animal is healthy and free of parasites or diseases, a physical examination is recommended within seven days prior to signing the contract. In addition, it is convenient to include the part of the veterinarian in the text of the contract, to avoid future conflicts between buyers and sellers.
Can you claim for hidden defects in the sale of animals?
The Spanish Civil Code provides that legal actions for claims of hidden defects should be filed within 40 days after the acquisition of the animal. But in practice it is almost impossible to meet this deadline, since vices are hardly revealed so soon.
For all these reasons, it is essential to highlight that the parties can agree on a longer period to claim hidden defects. But to be valid, it must be expressed in the contract for the sale of animals, and must be accepted by the buyer and seller.
