MUST READ
MUST READ

Terms & Conditions

BY REGISTERING AND BIDDING YOU ARE AGREEING THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND HAVE REVIEWED AND UNDERSTAND THE TERMS AND CONDITIONS AS SET FORTH BELOW.

Last updated 1/4/2024

A) OVERVIEW:

                Do NOT place a Bid or Sell your horse without READING THESE TERMS AND CONDITIONS!!!!

 

FlatFeeHorseAuction.com (FFHA) is a facilitator bringing two parties together in a CONTRACT of Offer and Acceptance for one party’s horse through the use of FFHA’s online, timed auction website.  FFHA is not a party to these contracts between the Buyers (Bidders) and the Sellers (Horse Owners/Advertisers) and does not participate in the process of transfer of title/ownership and paperwork for sold horses other than providing means for access through document links on the FFHA website.

FFHA will hold the Buyer’s funds for confirmation of Good Will and Intent to Purchase until the Buyer and Seller have consummated their deal and allow FFHA to release payment or refund.

FFHA requires Sellers to disclose all known problems and attributes with their horse for sale and requires Buyers/Bidders to ASK Seller for all information that is important to the Buyer/Bidder.  Sellers are required to provide satisfactory evidence to all inquiries BEFORE the Auction End Time. If Seller does not provide satisfactory evidence/answers during this time, the Buyer/Bidder moves forward at their OWN RISK.

If Seller provides requested or voluntary evidence or makes claims that are found AFTER THE AUCTION ENDS to be MISREPRESENTATIONS of the horse’s condition or ability, then the Buyer/Bidder MAY have GROUNDS for REFUSAL OF THE SALE with full refund.

FFHA provides a particular contractual requirement unique to auctions called the POST-SALE EXAM (PSE).  This feature benefits BOTH the Buyer and the Seller by requiring the Seller to allow the Buyer to examine the horse within FOUR (4) Days AFTER the Auction End Time and to have the option to Refuse the Purchase for issues of listed Soundness and for any Misrepresentations provided by the Seller.

See Sections “I”, “J”, “K”, “L”, “M” and “N” herein for further details on the PSE and Grounds for Refusal of Purchase.

Details of these criteria and conditions are explained below and MUST be READ and AGREED to by all who REGISTER to Bid or Sell on FFHA.

FFHA offers no guarantees of soundness, performance, or health of any horse in the auctions. Any suggestions, help, or tips offered by FFHA are for informational purposes only.

All participants should do their own research regarding the purchase, transportation, or upkeep of a horse in order to be a responsible horse owner.

Any Bid is considered to be a legally enforceable OFFER if accepted by the Seller.

Fraudulent or “accidental” bids are considered LEGAL OFFERS by the Registered Bidder/Buyer and will incur legal and financial penalties if payment defaulted on by the Winning High Bidder.

Seller or FFHA reserves the right to close without notice and without accepting a made OFFER (a Bid).

If an electronic malfunction occurs on the FFHA website, depending on the Time Limit and down time, the auction may be continued OR ended early and the last Highest Bid will be the Winning High Bid.

Any Bid that is superseded by a higher, accepted Bid is no longer enforceable.

DO NOT BID ON MORE HORSES THAN YOU CAN AFFORD IF YOU WERE TO BE THE HIGH BIDDER on several auctions at the same time!

B) AGREEMENT TO TERMS AND CONDITIONS:

You MUST Register to Sell or to Bid. By REGISTERING to Bid or to Sell on FFHA, you are bound by the Terms and

Conditions listed here.

Any instructions or warnings included WITHIN the Website pages are not to contradict anything here in the Terms and

Conditions, but they are meant to be inclusive in the Terms and Conditions.

        C) CONTRACTUAL AGREEMENT / LIMITATION OF LIABILITY / CHOICE OF LAW / DISPUTES:

By Registering to Sell a horse OR to Bid on horses for sale on FlatFeeHorseAuction.com (FFHA), you REPRESENT and AGREE to the following:

      1. You are of LEGAL AGE and of MENTAL CAPACITY to enter into a Binding Legal Contract.

              a) Your credit card will be charged $1.00 when you register in order to help confirm your legal age, identity, consent,                          and that you are not a robot.

      2. You agree to be financially responsible for all Legally Accepted Offers.

             a) A Winning High Bid is a Legally Enforceable Contract to Purchase and/or Sell, with the EXCEPTION of any                                                 MISREPRESENTATION by Seller discovered during the Post-Sale Exam (PSE) period within FOUR (4) days immediately                             following the Auction End Time. 

      3. You agree to all of the Terms and Conditions included herein.

      4. You have provided True and Accurate information regarding your Name, Age, Address, Contact information, and Financial                          information.

             a) You agree that FFHA may phone, text, or email you at the provided contact information to help confirm your identity.

      5. You agree to receive electronic messages from FFHA or its affiliates regarding auctions you may be involved in, or wish to be                     involved in as a Bidder/Buyer or Seller.

      6. You will not transfer, assign, or allow your Registration Authority to Bid to be used by anyone without the express written                          permission of FFHA and you will be responsible for any Agent Bidding on your behalf whether authorized or not.

             a) Fraudulent or “accidental” bids are considered LEGAL OFFERS by the Registered Bidder/Buyer and will incur legal and financial                   penalties if payment defaulted on by the Winning High Bidder.

      7. You, as the Winning High Bidder, will make full payment of the High Bid to FFHA within 48 hours of the Auction End Time.

             a) Once YOU, as a Registered Bidder, make a Bid (and OFFER) on a horse auction on this website and it is accepted by the Seller                   as the HIGH BID, YOU are responsible to make that payment to Flat Fee Horse Auction within 48 hours of the Auction End                         time.     Wire Transfer is the preferred method (see SECTION “E” below)

       8. You, as the Seller, will answer all requests for horse information accurately understanding that any MISREPRESENTATION may               be Grounds for Refusal of Purchase during the PSE period AFTER the Auction End Time.

              a) ALL COMMUNICATION between Seller and Bidder/Buyer MUST be in WRITING in order to be considered as a claim of                                REPRESENTATION or MISREPRESENTATION of the horse’s condition, appearance, ability, or pedigree.

       9. You, as the Seller, agree that all funds from the Sale will be held by FFHA and not transferred until the PSE is completed to the                 satisfaction of both Buyer and Seller.

       10. Any and All Disputes will be settled in the State of Texas and be covered under Texas Law.

       11. Any Disputes not able to be resolved by Seller and Buyer will first be attempted to be resolved using FFHA as an impartial                         decider.  FFHA makes no commission and is only interested in transparency and fairness in the sale of horses.  FFHA’s decision                 will be FINAL.     Written representations and claims by the Seller, both voluntary and in response to Bidder/Buyer’s questions,                 will be the main deciding evidence used for Dispute Resolution along with the PSE results.

        12. You understand the nature of livestock is unpredictable and accept all usual risks of injury, death, or loss.

        13. You hold FFHA harmless from all legal claims of financial or personal injury in the transaction of sale, attempted sale, or physical                injury in dealing with horses.

D) BUYING OR SELLING A HORSE / BIDDER VERIFICATION / SELLER’S FEE:

You MUST Register to Sell or to Bid using our Registration Page on the FlatFeeHorseAuction.com website.

FFHA reserves to right to accept or reject any requests to Register and to Cancel a Registration for non-compliance of our Terms and Conditions or any behavior FFHA deems inappropriate.

Your credit card will be charged $1.00 when you register in order to help confirm your legal age, identity, consent, and that you are not a robot. This nominal charge is meant to be another layer to make the system more honest for all participants.

There are NO FEES for Buyer’s other than the $1.00 Registration Verification or, if applicable, a Bank Fee of $25-$50 if

payment refund for a horse is requested by Wire Transfer.

Seller’s fees are charged by Credit Card at the time of their horse’s Auction Ad going LIVE. Other than the $1.00 Registration

Verification fee, a Bank Fee of $25-$50 will apply if payment for a horse is requested by Wire Transfer.

E) PAYMENTS:

ALL Bidders and Sellers are required to pay with US funds and provide a satisfactory form of identification.

ALL PAYMENTS MUST BE MADE DIRECTLY TO Flat Fee Horse Auction.

Methods of payment accepted from all buyers are:

US Bank Wire Transfer (PREFERRED METHOD with 48 HOURS from Auction End)

US Cashier’s Check (Overnight Mail with TRACKING within 24 HOURS from Auction End)

US Money Order (Overnight Mail with TRACKING within 24 HOURS from Auction End)

As the auction’s WINNING HIGH BIDDER, you are required to make a successful payment to FFHA for the seller within 48 hours of the end of the auction and work out transport arrangements with the seller of the horse. FlatFeeHorseAuction.com (FFHA) is not responsible for making these arrangements.

CASH.  If Buyer and Seller wish to conduct their transaction in cash, FFHA must be notified immediately after Auction End Time.  Seller must be aware that FFHA will NOT be holding the Buyer’s funds if it is cash. However, the Buyer’s credit card on file WILL BE CHARGED $1,000.00 as a Performance Guarantee and will be refunded when the Seller notifies FFHA that the horse sale was satisfactorily transacted.  (See Section “G” re: Buyer Default and Penalties)

Mastercard, Visa, Discover & American Express (Payment by phone to FFHA within 48 HOURS from Auction End)

A PROCESSING FEE OF 3.5% WILL BE CHARGED FOR ALL CREDIT CARD PURCHASES.

F) BIDS:

A WINNING HIGH BID is a Legally Enforceable Contract to Purchase and/or Sell, with the EXCEPTION of any MISREPRESENTATION by Seller discovered during the Post-Sale Exam (PSE) period within FOUR (4) days immediately following the Auction End Time.

Bids CAN NOT BE RETRACTED once accepted. IF YOU MAKE A BID IN ERROR, you must IMMEDIATELY, WITHOUT DELAY send a private message to the Seller briefly explaining the mistake and CALL FFHA at 979-530-3725

You agree to be financially responsible for all Legally Accepted Offers.

Any Bid is considered to be a legally enforceable OFFER if accepted by the Seller.

Bidding amounts are automatically set to INCREASE by $200.00 per Bid.

Seller or FFHA reserves the right to REJECT any OFFERS (Bids) without notice or explanation (likely due to a suspected

problem).

Seller or FFHA reserves the right to close an auction without notice and without accepting a made OFFER (a Bid).

ELECTRONIC BIDDING MALFUNCTION

If an electronic malfunction occurs, depending on the Time Limit and down time, the auction may be continued OR ended early

and the last Highest Bid will be the Winning High Bid.

Any OFFER (a Bid) that is superseded by a higher OFFER (a Bid) is no longer enforceable.

WARNING!

DO NOT BID ON MORE HORSES THAN YOU CAN AFFORD IF YOU WERE TO BE THE HIGH BIDDER on several

auctions at the same time!

PROXY BIDDING / SETTING HIGHEST BID PRICE LIMIT

Bidder/Buyer’s have the option to set their HIGH LIMIT PRICE and let the bidding software AUTOMATICALLY increase

your BID anytime another Bidder makes an OFFER (a Bid) that surpasses yours. Your Bid will only increase

by $200.00 more than the other Bidder until You reach the High Limit Price you set OR the other Bidder

stops Bidding.

Your High Limit Price is private and NO BIDDERS can see it.  If the bidding stops before you reach your High Limit Price, then

GREAT!  Nobody will know that you were willing to pay more!

G) DEFAULT:

Failure to PAY the Winning High Bid funds without Cause will result in the Buyer being declared in DEFAULT and

the Buyer’s Credit Card on File being charged a $1,000.00 penalty (NON REFUNDABLE) for inconvenience and lost opportunity to be paid to the Seller in the event that there is no Backup Buyer/Bidder from that auction willing to pay the difference.

Any horse purchased by a Buyer in DEFAULT may be resold by the Seller at the Seller’s will and choice in the next 60 days. If the horse then sells for LESS than the WINNING HIGH BID, the Buyer in DEFAULT will be obligated to immediately pay the Seller the difference or will be in Breach of Contract.

The Buyer in DEFAULT will be responsible for all costs including, but not limited to, attorney’s fees, investigations, and office time incurred by seller and/or FFHA in the efforts to collect these deficient funds and/or in the enforcement of this Contractual Condition.

H) HAULTING OF THE AUCTION, HABO (Highest And Best Offer option):

FFHA reserves the right to STOP an auction at any time, nullify all BIDS/OFFERS, and remove a horse from the Auction site IF

FFHA has reason to believe there is inappropriate behavior occurring such as Phony Bidders or a Deceptive Seller.

Seller reserves the right to STOP and close their auction at any time even if there is an active OFFER (A Bid). In this case, it

would mean that the Seller has NOT accepted that OFFER (Bid).

If an electronic malfunction occurs on the FFHA website, depending on the Time Limit and down time, the auction may be

continued OR ended early and the last Highest Bid will be the Winning High Bid.

Reasons Seller may Stop the auction and REJECT any OFFERS (Bids) include, but are not limited to the following: Offers are

not high enough, Horse has become ill, Seller has accepted a HABO (Highest And Best Offer) of a Bidder/Buyer through the FFHA private messaging system, Seller has sold the horse privately.

The HABO option must be performed THROUGH THE FFHA MESSAGING SYSTEM as found in the Bidding area of the horse’s auction ad.  While a Bidder/Buyer may submit their Highest And Best Offer to the Seller, the Seller has no obligation to accept or reply to the HABO.  IF the Seller DOES accept a HABO, FFHA MUST BE NOTIFIED IMMEDIATELY in order to stop the bidding process and change the horse’s status as SOLD. There is NO CHARGE for utilizing the HABO option.

I) BIDDER/BUYER’S RESPONSIBILITY BEFORE BIDDING:

Bidder/Buyers are required to gather all information possible to be satisfied enough to make an OFFER (a Bid) on a horse.

Bidder/Buyers are encouraged to carefully READ and VIEW all information provided by Seller in their Ad.

Bidder/Buyers may contact Seller through FFHA.com Messaging to ASK for pertinent horse information that is IMPORTANT TO YOU (the Bidder/Buyer). This additional information can be in the form of written Representations, Videos, or Photos from the Seller

Bidder/Buyers may and are encouraged to, at Seller’s discretion, visit the horse for a test ride or Veterinary Exam before the Auction End Time. 

This visit may be by the Bidder/Buyer in-person or the Bidder/Buyer may send an Authorized Representative in their place.

Bidder/Buyers understand that while the Post-Sale Exam (PSE) is a feature unique to participants here on FFHA, The

Bidder/Buyer still MUST GATHER ALL INFORMATION to their satisfaction from the Seller BEFORE THE AUCTION END TIME in order to have possible Grounds for a Right of REFUSAL OF PURCHASE AFTER the Auction due to MISREPRESENTATION by a Seller.

J) BIDDER/BUYER’S REQUIREMENT TO GET SUBJECTIVE INFORMATION BEFORE BIDDING ENDS:

While the Post Sale Exam (PSE) period is FOUR (4) days immediately following the Auction End Time and allows a Buyer the possible Right of REFUSAL OF PURCHASE (ROP) and a full REFUND for MISREPRESENTATION of the horse’s condition by the Seller, Bidder/Buyers must KNOW there are very OBJECTIVE criteria listed below (SEE SECTION “M” below) in these Terms and Conditions that are typical and standard in the Equine Industry.  

HOWEVER, FFHA allows Buyers the unique opportunity to discover any SUBJECTIVE criteria BEFORE the Auction End Time and match up THOSE REPRESENTATIONS by the Seller to the horse during the PSE.

Bidder/Buyers with the Winning High Bid are not entitled to ROP on a whim, due to Buyer’s Remorse, or due to seeing a blemish on the horse that was never asked about.

SUBJECTIVE criteria as Grounds for ROP are only enforceable IF they were asked about and/or the evidence the Seller provided was a MISREPRESENTATION.

K) WINNING HIGH BIDDER/BUYER RIGHT TO WAIVE THE PSE:

Bidder/Buyer has the RIGHT TO WAIVE THE PSE and Buy the horse AS-IS assuming all risk from the moment the Buyer’s funds clear and the title of the horse transfers to the Buyer.

L) REFUSAL OF PURCHASE (RoP) DUE TO MISREPRESENTATION BY SELLER:

If the Seller’s Claims that have been provided, whether in the initial advertisement description of the horse or supplied upon request from a Bidder/Buyer, are determined to be a MISREPRESENTATION during the Post-Sale Exam (PSE) period immediately following the Auction End Time, then the Winning High Bidder has Grounds for REFUSAL OF PURCHASE (ROP) and full refund of the Winning High Bid at the Buyer’s discretion.

See Sections “I”, “J”, and “M” herein for further details on Grounds for Refusal of Purchase.

M) “REPRESENTATION OF HORSE” and “WARRANTY & LIABILITY”:

Seller is required to Honestly and Thoroughly describe the horse for sale as accurately as possible in terms of Health, Performance, and Cosmetic appearance.

Seller must disclose all KNOWN ailments, medical procedures, and bad habits as described in this Section below regarding Objective / Standard criteria and Subjective criteria for Soundness.

Buyers must allow for leeway when it comes to descriptions of demeanor, disposition, and some levels of performance as horses have personalities like most domesticated animals and on some days they don’t feel like working.

Photos and Videos

Seller’s Photos and Videos should be very clear and the horse for sale should be unmistakably identifiable.

Seller’s videos should show the horse PERFORMING ALL OF THE CLAIMED ABILITIES. For Example:

Not Spooky, Going Through/Over Obstacles, Being Washed, Tacking Up, Standing for Farrier/Hoof Cleaning, Side Pass, Open/Closing Gates, Jumps, One-Hand Reining, In Traffic/Parades, With Flags, Loud Noises, Gaited, Crossing water/mud, etc.

NOTE: Long videos of your horse walking through fields and woods is NOT showing potential Buyers enough to pique their interest. 

Due Diligence

Buyer should perform all Due Diligence necessary to be satisfied enough to make an OFFER (A Bid) on an Auction Horse on

FFHA’s website.

While Winning High Bidder/Buyer may have some GROUNDS for a REFUSAL OF PURCHASE during the POST-SALE

EXAM (PSE), the Bidder/Buyer should try to view the horse BEFORE the Auction End Time either in person or by

sending a representative, if possible.

Seller’s Accuracy

Seller is responsible for the accuracy of all descriptions and/or claims regarding the horse for sale.

Seller uploads all content of description, price, photos, and videos to the Auction Ad and has full access to correct any errors or

omissions.

The HEIGHT of a horse is measured at the withers with a level and a measuring stick.

If the horse’s WEIGHT is not measured on a scale, then Seller should state that the weight is ESTIMATED.

Hold Harmless

Buyer and Seller agree to hold FFHA harmless from any claims arising from any Misrepresentations, Errors, or Omissions

whether communicated verbally, in writing, by media, and whether intentional or accidental.

FFHA is held harmless from any illness or death of a horse at any time before or after the Auction End Time.

All Buyers are urged to acquire Equine Insurance to cover Transportation.

FFHA and any associates do NOT provide any express or implied warranty as to the soundness, performance, value, or overall health of any horse offered for sale on this FFHA auction site.

Seller’s Authority to SELL HORSE

Seller must have the full authority to sell the horse to the Buyer with no liens or encumbrances or risk criminal and civil prosecution.

Seller will convey any claimed contract rights, registration papers, breeder’s certificates, or records.

If Seller is claiming a horse is REGISTERED, then Seller must have the horse’s Bona-Fide Registration Papers IN HAND and ready to be released to Buyer immediately upon completion of the sale of the horse.

If the horse’s Registration is in the application process, that must be stated clearly.

FFHA will be provided a COPY of REGISTRATION Papers upon Seller’s creation of Auction Ad.

   M1) Transaction is Final after PSE option is satisfied

The transaction is NOT FINAL UNTIL the Post-Sale Exam (PSE) is completed to the satisfaction of the Buyer per the Terms and

Conditions of the PSE.

Buyer’s have the Right to Accept or Reject the PSE findings or Buyer’s can WAIVE their right to have a PSE performed and go

forward buying the horse AS-IS and accept all associated risk.

     M2) POST-SALE EXAM (PSE)

FFHA provides a unique contractual requirement not common to auctions called the POST-SALE EXAM (PSE).

This feature benefits BOTH the Buyer and the Seller by requiring Sellers to allow Buyers to examine the horse within

FOUR (4) Days AFTER the Auction End Time and to grant Buyers the possible option to Refuse the Purchase for

issues of Soundness and for any discovered intentional Misrepresentations by the Seller.

Sellers must grant Buyer and/or Buyer Representatives safe, unfettered, and timely access to the horse’s location.

An arena, round pen, or flat field for lunging must be provided to view horse’s gaits.

“UnSound” Defined and Grounds for Refusal of Purchase (ROP) after PSE

    M3) STANDARD / OBJECTIVE criteria for Soundness whether claimed by Seller or not are still GROUNDS for ROP at the Buyer’s discretion. These criteria include:

Laminitis, Founder, Osteoarthritis, Gastrointestinal Ulcers, Vision and Hearing deficiencies, Faulty Wind, Nerving, Cribbing, Weaving, Parrot Mouth, Testicular Issues, and Bone Disorders.

IN ADDITION to these, significant weight loss or the major Atrophy of muscle as compared to Auction Ad photo/video will be Objective GROUNDS for ROP based on photographic/video comparison.

Dispute decisions not settled by Buyer and Seller are then decided by FFHA.

Normal weight fluctuations are not considered Grounds for RoP.

     M4) SUBJECTIVE criteria such as blemishes, scars, brands, mane/tail length, disposition, unwilling to walk/trot/lope, response to riding cues, undisclosed successful surgical procedures, Non-existent Registration Papers (if horse is marketed as “Registered”, are ONLY GROUNDS for ROP if the Seller provided that info in their Auction Ad and/or the Bidder/Buyer ASKED for visual, verbal, or written proof of these conditions and the Seller’s response do NOT match up ON THE DAY of the PSE.

Reasonable judgement for cosmetic issues needs to be understood by both parties.

While most backyard/trail/ranch riders don’t care much about some blemishes, these issues are DEAL BREAKERS for those who compete in Shows, Parades, and such and this should be understood by all parties involved.

     M5) BIDDER/BUYER MUST DO and KNOW re: GROUNDS FOR REFUSAL OF PURCHASE:

  1. Must ASK Seller for ANY issues that are important to Bidder/Buyer aside from the Standard / Objective criteria for Soundness.
  2. If Seller has provided satisfactory evidence verbally, in writing, or by video/photos, then Winning High Bidder/Buyer will MATCH that evidence at the Time of Purchase during the PSE.
    1. ALL COMMUNICATION between Seller and Bidder/Buyer MUST be in WRITING in order to be considered as a claim of REPRESENTATION or MISREPRESENTATION of the horse’s condition, appearance, ability, or pedigree.
  3. If the Seller provided evidence does NOT MATCH the Subjective criteria (within reason) OR does NOT MATCH the Standard / Objective criteria for Soundness, then the Winning High Bidder/Buyer has GROUNDS for REFUSAL OF PURCHASE and full refund of the Winning High Bid at the Buyer’s discretion.
  4. Winning High Bidder/Buyer and Seller can come to any agreement they choose regarding the sale of the horse. FFHA makes no commission and has no involvement in deals made outside the Auction Contract between the same two parties.
  5. Buyer will not be entitled to reimbursement for expenses for PSE, travel, time, etc. for a ROP unless the Seller was grossly misrepresenting the horse.
  6. Bidder/Buyer must have Reasonable expectations on issues of Performance and Demeanor understanding that horses are not machines and they do have days when they don’t feel like working.

 

     M6) SELLER MUST DO and KNOW re: AVOIDANCE of REFUSAL OF PURCHASE:

  1. Represent their horse ACCURATELY in regards to all KNOWN issues such as the STANDARD / OBJECTIVE criteria for Soundness AND the SUBJECTIVE criteria as listed in the section ABOVE.
  2. ACCURATELY judge demeanor on a scale of 1-10 (1 being the most mild and gentle and 10 being hostile).
  3. Don’t say your horse doesn’t Kick, Buck, or Bite if it happens under certain circumstances such as feeding, washing, asking for a lope, etc. BE HONEST and ACCURATE. It will save you time and aggravation.
  4. Disclose if your horse NEEDS to be on an anti-inflammatory or other drugs.
  5. Do NOT sedate your horse before the PSE!!!!!
  6. Have your horse’s REGISTRATION Papers IN HAND (if you claimed you have them).

N) REFUSAL OF SALE AFTER THE PSE, PROCEDURES:

If the Post-Sale Exam (PSE) reveals Grounds for REFUSAL OF PURCHASE due to Intentional Misrepresentation by the Seller OR any UNKNOWN Soundness issue, it is at the Buyer’s Discretion how to move forward.

The Buyer is not limited to the following options, but these are just some examples:

  1. Walk away from the deal and notify us at FFHA. We will refund your full price paid for the horse as per the Winning High Bid in the auction (minus any applicable bank fees and not including any other Buyer expenses).
  2. Decide to Go Ahead and BUY the horse at the full price of the Winning High Bid in the auction.
  3. Negotiate with the Seller as to some other sale price, consideration, or terms. Any agreeable deal is between the Buyer and the Seller.  If Buyer ends up only releasing partial funds held by FFHA from the Winning High Bid, then the balance will be returned to the Buyer minus $50 to cover office fees, wire transfer fees, postage, etc.

O) BUYER ASSUMES ALL RISKS AND RESPONSIBILITIES:

Winning High Bidder/Buyer does NOT assume all risks at the Auction End Time.

Upon satisfactory results of the Post-Sale Exam (PSE), transfer of payment and title to the purchased horse, the Buyer THEN

assumes all risk, responsibility, and expense for care of the horse including but not limited to injury, death, illness, transportation.

If Buyer has not removed horse from Seller’s property after SEVEN DAYS past the Auction End Time, Buyer will be responsible to the Seller for any Costs for boarding, feed, care, etc.

Buyer and Seller should discuss and negotiate these terms among themselves.

P) SELLER NOT REQUIRED TO PROVIDE SOUNDNESS EXAM:

Seller is NOT required to provide a Pre Purchase Exam (PPE) or any other medical/professional evaluation of their horse.

HOWEVER, any evaluation from a professional (Vet, Farrier) that would shed an honest light on the horse’s condition would be very helpful to Bidder/Buyers in developing a clear picture of their possible purchase.

Q) EXTENSION OF THE AUCTION END TIME:

During the final 10 minutes before the Auction End Time, the Clock Display will add Two (2) Minutes each time a Bid is placed.

Once no Bids are placed for a Two (2) Minute period, the Auction will END and the Highest Bid will belong to the Winning Highest Bidder who will then have 48 hours to pay in full.

This Extension of the Auction End Time is to allow all active Bidders a chance to make a purchase similar to a Live Auctioneer saying, “Going ONCE. Going TWICE. SOLD!”

R) PAYMENT OF HORSE SALE PROCEEDS TO THE SELLER / BANK FEES:

When the PSE is completed to the satisfaction of the Buyer and the Buyer’s funds have cleared, FFHA will Wire the funds of the horse sale within 24 hours minus any bank wire fees (usually $25-$35).  FFHA can overnight mail a Cashier’s Check or Money Order within 5 business days minus any associate bank fees.

S) COGGINS AND HEALTH CERTIFICATE:

Seller is responsible for providing a NEGATIVE COGGINS REPORT within Eleven (11) months from their horse’s Auction Start Date.

Buyer will be responsible for obtaining the HEALTH CERTIFICATE for Interstate Transport (if applicable).  Seller will allow reasonable time for this to be completed without penalty to the Buyer.

T) REGISTRATION PAPERS:

Registration Papers and all necessary documents will not be released to Buyer until the horse payment is satisfactorily received in Full (payment has cleared per the financial institution).

U) RELEASE OF HORSE / TRANSFER OF TITLE / RISK OF LOSS:

Seller may release their horse to Winning High Bidder (Buyer) when they are satisfied their transaction is complete and payment has satisfactorily cleared per the financial institution (or cash). This is the Transfer of Title (ownership) of the horse.

Upon Transfer of Title (ownership) of the horse, Buyer immediately assumes all RISK OF LOSS including, but not limited to, illness, injury, or death of the horse.

Buyer and Seller agree to hold FFHA harmless from any claims arising from any Misrepresentations, Errors, or Omissions whether  communicated verbally, in writing, by media, and whether intentional or accidental.

FFHA is held harmless from any illness or death of a horse at any time before or after the Auction End Time.

Buyers are advised to purchase Equine Insurance to limit some risks during any boarding or transport.

V) POST SALE REMOVAL AND TRANSPORTATION:

If Buyer has not removed horse from Seller’s property after SEVEN DAYS past the Auction End Time, Buyer will assumes all

risks and will be responsible to the Seller for any Costs for boarding, feed, care, etc.

Buyer and Seller should discuss and negotiate any possible boarding terms among themselves.

Buyer will arrange and be responsible for Transport of the horse off the location where Seller has kept the horse.

W) SELLER MAY LIST OR SELL THEIR HORSE ANYWHERE:

Sellers are granted the right to list their horse for sale by other advertising means while their auction is live on FFHA as a means

to increase sale exposure.  Since FFHA doesn’t charge sales commissions, we are happy to see your horse sell as fast as possible.

FFHA strongly suggests you link your ad to your live auction on FFHA and have potential Bidder/Buyers go through the live auction process to afford you some protections you would not have in a private/classified ad sale (e.g.: Verified Buyer, Holding Buyer’s funds immediately and until they come to you, Clear specifications of Standards and Criteria for soundness and allowances for Refusal of Purchase, Dispute Resolution, etc.)

If your horse sells at any time during your live auction on FFHA, you must NOTIFY FFHA IMMEDIATELY so we may stop the auction and mark your horse as sold.   This would be the same procedure and result as if you received a HABO offer through the FFHA site.

X) WE MAY USE YOUR MEDIA AND AD:

Sellers agree that FFHA may use your media (photos and video) as a good example or as a cover photo. FFHA will not use any photos in our portion of the website (outside the Seller’s horse ad) with children who appear to be under age 16 without express, written permission of the parent/guardian.

Y) AUCTION RESULTS LISTED:

Buyers and Sellers agree that Auction Bid Results will be posted on FFHA in order to show Transparency.

Z) INDEMNITY / SEVERABILITY

You agree to indemnify and hold FFHA harmless from any prospective claims made by any third-party arising out of or relating to your breach of these Terms and Conditions or your violation of any law or the rights of any third-party.

Any provision of this Agreement, which is deemed invalid, illegal, or unenforceable in any jurisdiction will not affect the remaining provisions in that jurisdiction or render that or any other provision of this Agreement invalid, illegal, or unenforceable in any other jurisdiction.

Information, instructions, and directions within the FFHA website are considered Inclusive Additional Terms and Conditions and are meant to enhance these Terms and Conditions, not to supersede or contradict them.

AA) Privacy

All information collected by FlatFeeHorseAuction.com (FFHA) or Flat Fee Horse Auction, LLC is private and used for

Registrant Profile only and will not be sold or disseminated to third parties.

 

 

CONTACT INFO:

Flat Fee Horse Auction, LLC

PHONE:  979-530-2750

EMAIL:   FlatFeeHorseAuction.com