General Conditions of Sale 

(Updated January 2^nd, 2025)

Overview

By registering, bidding, or participating in an auction through EquineAuction.com, you agree to abide by the following General Conditions of Sale. These terms ensure transparency and fairness for all parties involved.

Automatic Agreement Upon Winning a Bid

By placing a bid on EquineAuction.com, all bidders acknowledge and consent to the terms outlined herein. Winning a bid constitutes an automatic agreement between the buyer, seller, and EquineAuction.com. This agreement is legally binding and subject to the conditions of an “as-is” sale.

The winning bidder:

• Agrees to complete payment and comply with all conditions within the specified timeframes.
• Acknowledges that all sales are final and waives any right to withdraw from the agreement post-sale.
• ALL WINNING BIDS PLACED ARE CONSIDERED A LEGALLY BINDING CONTRACT. By accepting the Terms and Agreement, you are legally duty bound to pay the final bid price and fulfill your promise.
• Accepts full responsibility for the horse and all associated risks upon conclusion of the auction.

Key Features

1. Buyer Registration:
   • To participate, buyers must create an account, provide accurate contact information, and agree to the Terms and Conditions.
   • A 2% Purchaser’s Premium applies to all winning bids.
2. Auction Duration and Process:
   • Auctions typically last 10-14 days.
   • Buyers are encouraged to communicate with sellers to discuss horse traits, arrange test rides, or clarify any details prior to bidding.
   • Test rides and pre-purchase veterinary inspections must be completed before auction closure. No post-purchase inspections are permitted.
3. Winning Bids:
   • The highest bid at auction close constitutes a legally binding agreement.
   • Payment must be confirmed within 48 hours to secure the purchase.
4. Title Transfer and Risks:
   • Ownership and associated risks transfer to the buyer at the conclusion of the auction.
   • Buyers are responsible for transportation arrangements and horse care upon title transfer.

Steps to Get Started

Creating an Account

1. Visit EquineAuction.com and select “Sign-Up”.
2. Provide your full name, email address, and password.
3. Safeguard your account credentials to prevent unauthorized use.

Registering to Bid

1. Log in and navigate to the Live-Auctions page.
2. Verify your contact details and provide payment information for identity verification.
3. Agree to the Terms and Conditions and confirm you meet age requirements.

Placing a Bid

1. Select your desired horse from the Live-Auctions page.
2. Use the "Bid Now" button to submit bids manually or opt for the "Maximum Bid" setting to automate the process.

Bidding Guidelines

Manual Bidding

• Place bids with sufficient time before auction close to avoid delays.
• Refresh your browser to ensure your bid is accurately reflected.

Maximum Bid Setting

• Enter a confidential maximum bid amount.
• The system will bid incrementally on your behalf, ensuring you remain the highest bidder until your limit is reached.

Soft Close Feature

• Auctions extend by 3 minutes if bids are placed within the final 180 seconds, preventing last-second bidding advantages.

Payment and Transportation

Payment Confirmation

• Payment must be completed within 48 hours of auction close.
• Accepted methods: bank wire transfer, credit card (3.5% fee), certified funds, or cash.

Transportation

• Transportation arrangements are the buyer’s responsibility and should be finalized with the seller after payment clearance.
• Horses can be transported anywhere in the continental U.S. at the buyer’s expense.

EquineAuction’s Role and Warranties

1. Agent Role:
   • EquineAuction, LLC serves exclusively as an independent agent facilitating online horse sales. It does not hold ownership or liability for any horse sold.
   • EquineAuction assumes no responsibility for any claims or damages, including misrepresentation, injury, illness, or death, whether occurring before, during, or after the sale process.
2. Pre-Sale Inspections and Disclaimers:
   • Horses are sold "as-is" with all existing conditions and defects. Buyers must arrange and complete any pre-purchase inspections, including veterinary exams, prior to the auction’s conclusion.
   • Post-sale inspections or refunds are not permitted under any circumstances.
3. Seller Disclosures:
   • Sellers are responsible for providing accurate information about their horses. EquineAuction does not independently verify these details and is not liable for inaccuracies.
4. Liability Transfer:
   • Title, ownership, and all associated risks transfer to the buyer upon the auction’s close.
   • Buyers assume full responsibility for horse care, maintenance, and any liability arising from their actions or the horse’s behavior post-sale.
   • Buyers agree to indemnify EquineAuction, LLC and hold it harmless from any losses or damages incurred post-purchase.
5. Marketing Content Usage:
   • Unauthorized use of photos, videos, or promotional materials is prohibited. Any commercial use without prior approval incurs a fee equal to 10% of the horse’s final sale price.

Legal Terms

1. Governing Law:
   • The agreement is governed by Florida law.
   • Disputes are resolved in Hillsborough County, Florida.
2. Finality of Sale:
   • All sales are final, and no claims or disputes regarding the condition of the horse will be entertained post-sale.
3. Attorney Fees:
   • The prevailing party in legal disputes is entitled to recover reasonable attorney fees.
4. Entire Agreement:
   • Modifications must be documented in writing and signed by all involved parties.

SELLER’S REPRESENTATIONS AND WARRANTIES

1. EquineAuction.com and EquineAuction LLC as Agents of Sale

1.1 Role of EquineAuction.com and EquineAuction LLC
EquineAuction, LLC acts solely as an independent contractor facilitating online timed consignment sales of horses, referred to as “sale management.” These sales utilize live, online video and/or timed auctions to connect buyers and sellers for horse sales. EquineAuction, LLC does not hold ownership of any horse offered for sale and is not liable for any loss, damage, misrepresentation, injury, death, or illness involving any horse, person, or property before, during, or after the sale. In legal disputes between buyers and owners, EquineAuction, LLC acts as an agent for a disclosed principal and is discharged from obligation upon delivering property or funds to a court with jurisdiction over the dispute.

Disclaimer:
Each horse is sold “AS IS” with all defects. Owners, bidders, and buyers consent to receive auction-related electronic messages via text, email, or phone, including messages sent through automated systems.

2. Warranties and Expressed Limited Warranties

2.1 Pre-Inspection and Veterinary Examinations
Buyers are encouraged to pre-inspect horses and may arrange, at their expense, for veterinary examinations before bidding. Owner permission is required for such examinations. Complete pre-sale veterinary exams are prohibited after purchase.

2.2 Sale Conditions
EquineAuction, LLC makes no warranties, express or implied, about the soundness, condition, merchantability, or fitness of any horse. Horses are sold “AS IS” with all defects. Any guarantees provided are strictly between the seller and buyer. Buyers are encouraged to test ride horses before bidding. Post-auction testing is not permitted.

2.3 Title Transfer
Ownership and risk transfer to the buyer upon the final winning bid. This includes risks of illness, injury, or death, and the buyer assumes responsibility for the horse’s care and liabilities from that point forward. Title transfer applies regardless of settlement or delivery status.

2.4 Default by Buyer
Buyers failing to pay for a horse will be declared in default. The seller may resell the horse, with the defaulter responsible for any resulting costs. Defaulters are liable for attorney fees and other costs incurred by the seller or EquineAuction, LLC.

3. Risk of Loss

3.1 Risk Assumption
Upon the closing date, the buyer assumes all risk of loss or injury to the horse.

4. Assignment or Transfer

4.1 Restrictions
Neither party may assign or transfer this Agreement without written consent from the other party.

5. Attorneys’ Fees

5.1 Legal Proceedings
The prevailing party in any legal proceedings related to this Agreement is entitled to recover reasonable attorneys’ fees, costs, and expenses, including those incurred in collecting judgments.

6. Governing Law and Venue

6.1 Applicable Law
This Agreement is governed by the laws of the State of Florida.

6.2 Jurisdiction
Any legal action commenced to enforce or interpret this Agreement shall be brought in state or federal courts with the appropriate jurisdiction, located in Hillsborough County, Florida. All parties consent to this venue and jurisdiction unless otherwise agreed in writing by the Seller and Buyer. In such cases, disputes shall be governed by the laws of the mutually agreed-upon state and resolved in a court with jurisdiction as specified in the written agreement between the Seller and Buyer.

7. Standing Obligations

7.1 Final Sale
The sale is final, and the buyer agrees the horse is suitable for purchase at the time of sale. No changes in opinion are allowed post-sale. The sale does not comply with any interpretation of any state law guaranteeing a 30-day return.

Content Usage:
All marketing materials, including photos and videos owned by a Seller, may not be redistributed for resale or advertisement. Unauthorized use incurs a fee of 10% of the horse’s sale price.

8. Entire Agreement

8.1 Complete Terms
This Agreement constitutes the entire understanding among the parties. Modifications must be in writing and signed by all parties. Oral modifications are not valid unless documented and signed.

9. Counterparts

9.1 Execution
This Agreement may be executed in counterparts, each considered an original. Together, they form one and the same instrument.