Terms and Conditions

Buyers: By registering with Heart Horse Finder, LLC, you are bound by the terms and conditions of the auction as set forth. As a buyer, you agree to pay for auctions won and items bought.

Please read the conditions of sale before bidding. Please keep a copy for your records. You will be bound by these Conditions whether you have read them or not.

Sellers: By registering with Heart Horse Finder, LLC, you are bound by the terms and conditions of the auction as set forth. As a seller, you confirm you have the right to sell horses and items you list. A listing fee in the amount of One Hundred Dollars ($100) is due  prior to the listing going live on our website.  Additionally, Heart Horse Finder, LLC collects a ten percent (10%) commission on the final sale of each listing.  Should your reserve price not be met resulting in a “no sale,” the seller will owe no additional fees.

Please read the conditions of sale before bidding. Please keep a copy for your records. You will be bound by these Conditions whether you have read them or not.

1. AGREEMENT: a) I represent and agree that I am of legal age, authority and capacity to form a binding contract. b) I (hereinafter, referred to as Buyer) agree to these terms and conditions, and swear that all the information furnished is true and correct. c) Buyer agrees to be responsible for any purchase made or actions taken by an Agent authorized by me to act on my behalf, d) Buyer agrees that this registration to bid is not assignable without the express written approval of Heart Horse Finder, LLC. e) Buyer agrees to make any sale transaction for this entry through Heart Horse Finder, LLC). Buyer agrees that if they have the winning, final bid, or accepted bid in auction, the Buyer has entered into a binding agreement to purchase the horse.
2. BUYER’S RESPONSIBILITY: By placing a bid in this auction Buyer is indicating they have examined or researched a horse to their satisfaction. Prior to Bidding, Buyers may a) ask Seller for additional information, b) make an appointment with Seller to examine the horse at Seller’s property, c) arrange with Seller to have a veterinarian perform an independent pre-purchase examination, or d) hire an agent or equine professional to inspect and evaluate the horse or any other means that Buyer, in their discretion, regards.
3. SELLERS RESPONSIBILITY: By consigning a horse to Heart Horse Finder, LLC seller is indicating that their representation of the horse is honest and accurate to the best of their knowledge and agree that all guarantees are between buyer and seller. Seller agrees that the horse is NOT available for private sale once they have submitted the Auction Submission Form to Heart Horse Finder, LLC and can only be purchased through Heart Horse Finder, LLC and on hearthorsefinder.com.
4. REPRESENTATION OF HORSE: Seller is responsible for the correct representation of horse(s) they list, including the description, disclosure form, horse information, riding and training, as well as in communication with potential or eventual buyers. Some representations on disposition and handling are the opinion of the Seller and given only as an indication of the horse's capability. Buyer should inspect, examine and research horse to their satisfaction (see buyers responsibility above). Buyers cannot have what is known as a complete Pre-Purchase veterinary examination of any horse after purchase. Seller is responsible for disclosing the following conditions, which must be stated in the online description, if this entry is a cribber, weaver, is unsound of eyes or wind, has a parrot mouth, is a cryptorchid or ridgling, has had major surgery or a serious illness, has been nerved or has a lameness due to navicular disorder, ringbone, osteoarthritis, founder prior to the sale or other bone abnormality or neurological disorder. Seller is solely responsible for the accuracy of all information that appears in the online sale representation. Buyer agrees to hold Heart Horse Finder, LLC harmless from any claims arising out of any such inaccuracies or omissions.
5. COGGINS REPORT: Seller must provide a copy of a Negative Coggins report drawn within 11 (eleven) months of the start date of the auction.
6. VET EXAMINATION: Seller agrees to provide a recent and basic soundness examination performed by a licensed veterinarian.
7. NO IMPLIED WARRANTIES: There is no warranty expressed or implied by the sales company, sponsors, or Seller, as to the performing soundness, merchantability, or fitness for any particular purpose of any horse offered on this site, other than those made specifically by the Seller. All horses are sold “as is” with all existing conditions and defects. Responsibility for the representation of the horse lies between the seller and the buyer.
8. ADVERTISING OF HORSE LISTED: For the duration of the listing with Heart Horse Finder, LLC, said horse shall not be listed or posted on any other sale site without the link to the Heart Horse Finder, LLC listing and website. Further, for the duration of the listing, a horse listed with the Heart Horse Finder, LLC shall not be sold outside of the Heart Horse Finder, LLC website. Should such sale occur anyway, the Seller agrees to pay the Heart Horse Finder, LLC a 10% (ten percent) commission on that final sale providing sales documentation pertaining to said sale such as a bill of sale between Seller and Buyer. Additionally, Seller agrees to indemnify Heart Horse Finder, LLC of any costs or damages that occur from collecting the 10% (ten percent) commission.
9. INTERFERENCE: Seller agrees not to use any device, software or routine to interfere with or attempt to interfere with the functioning of this online auction.
10. TRANSPORTATION FROM SELLER TO BUYER: Buyer is responsible for cost and arrangements for transportation of horse from Seller to Buyer. Soon after purchase Buyer will contact Seller directly to schedule removal of horse in a timely manner.
11. RELEASE OF HORSE TO BUYER: Seller shall not release a horse to a Buyer until Buyer has made full payment for the horse and funds have been verified by Heart Horse Finder, LLC. As agents, Heart Horse Finder, LLC reserves the right to hold funds until the horse is picked up by buyers transport of choice.
12. RISK AND RESPONSIBILITY FOR HORSE: Buyer assumes all risk, responsibility, and expense for the horse at the conclusion of the auction. Seller agrees to provide basic board and care for up to 5 days at no additional charge. Beyond 5 days, Buyer will be responsible to pay for board, at a reasonable cost determined by Seller, plus any other expenses that may be required to maintain the horse until Buyer takes possession or has the horse picked up from the seller. Heart Horse Finder, LLC recommends the buyer obtain Full Mortality Insurance on horses immediately after purchase, however, this decision and risk rest solely with the buyer.
13. PRIVACY POLICY: By registering as a bidder for this auction, Buyer agrees to the use of Buyer's information by Heart Horse Finder, LLC. Buyer's information will be used by Heart Horse Finder, LLC to contact Buyer and for record keeping. Heart Horse Finder, LLC will not sell or give Buyer's information to any entity, except for sponsor or company that provides special services to Buyer. In the future we may use email lists to contact Buyers. We may do custom email promotions for customers, advertisers or organizations.
14. BIDDING: Bidding will close at a specific time and date, which is listed on the Heart Horse Finder website. Horses can be bought by either clicking the buy-it-now button or by placing a bid.
15. SELLING OPTION: Each horse is listed to sell at or above a Minimum Starting Bid and may or may not have a reserve. The first person to select Buy it now, and complete payment for the horse in full at the listed price will be the buyer.
16. PAYMENT BY BUYER: Once bidding is closed, payment in full must be made within 48 hours of the conclusion of the auction. In the event of a bank holiday falling within this 48 hours window, a 24 hour extension will be added. Pay Heart Horse Finder, LLC in all cases. Payment may be made in the form of bank wire transfer, credit card (there is a 3% convenience fee when paying via credit card) or cashier's check. Cashier’s checks must be made out to Heart Horse Finder, LLC. In no case may any part of the purchase price be paid directly to the Seller by the Buyer, as such payment shall not be valid or entitle the buyer to obtain the horse. A charge of $50.00 will be made on any returned check. Buyer agrees not to stop payment on check for any reason. All checks must be overnighted by FedEx or UPS. Using the postal service could result in termination of the sale and the horse being offered to the next bidder. Do not use USPS.
17. PAYMENT TO SELLER: Once funds have cleared and are secured by Heart Horse Finder, LLC, all agreed upon commissions and fees will be deducted from the purchase price paid by the Buyer and a check will be issued and mailed or alternatively, a bank wire can be sent to the seller no more than 7 days from the receipt of the funds.
18. DEFAULT ON PURCHASE: If any person shall purchase a horse and not pay for it as prescribed above, Heart Horse Finder, LLC or consignor shall have the right to resell the horse or at their option, bring legal action in which event the buyer agrees to pay all cost of such suit together with reasonable attorney fees as fixed by the court. In the event of a resale, the defaulting buyer agrees to pay all costs of said resale and price deficiency, if any. Interest of 1.5% per month will be charged on the unpaid balance of any account not paid for as set forth in these conditions. Defaulting on a purchase will result in a breach of contract. The breach of contract charge is $1000 and will be charged to the buyer’s credit card on file in the event of a buyer defaulting on a purchase.
19. HEALTH CERTIFICATES: Buyer will be responsible for obtaining the Interstate Health Certificate for transportation.
20. SALES RESULTS: Seller agrees that Heart Horse Finder, LLC may publish sale results including information concerning this sale.
21. NO GUARANTEE OF SERVICE: Heart Horse Finder, LLC does not guarantee or covenant that the sale’s site or any related services will meet Buyer's requirements or be uninterrupted or error-free. Heart Horse Finder, LLC does not guarantee real-time performance of any service or that it will execute all online or absentee bids.
22. WITHHOLDING FUNDS: Buyer agrees that Heart Horse Finder, LLC shall not be required to remit to Seller or Buyer, the net proceeds of the sale of any listing which is the subject of a dispute or claim by the buyer, for misrepresentation, fraud or breach of warranty, until such dispute or claim is resolved and the proceeds of the sale have been received by Heart Horse Finder, LLC. The responsibility to resolve such a claim lies between the Seller and the Buyer. Notwithstanding any other provision hereof, should a dispute arise between the Seller and the Buyer, Heart Horse Finder, LLC may retain its fees and costs and may hold in escrow the balance of any proceeds of sale in its possession, pending a resolution of the dispute. Any and all legal fees and costs incurred by Heart Horse Finder, LLC may be deducted by Heart Horse Finder, LLC from the net proceeds of sale still in their possession. Otherwise, the Seller and Buyer shall be jointly and severally liable for the same upon demand.
23. INDEMNITY: Both Buyer and Seller releases Heart Horse Finder, LLC, Sale Managers, Auctioneers, employees and its representatives, from any and all responsibilities, liabilities, obligations, claims, lawsuits, or legal proceedings arising from the sale of this listing. If legal action is initiated against Heart Horse Finder, LLC involving this listing, the Seller agrees to fully indemnify Heart Horse Finder, LLC from such suit, including legal fees and costs incurred by Heart Horse Finder, LLC. Seller agrees that Heart Horse Finder, LLC may publish sale results including information concerning this sale transaction.
24. LIMITS OF LIABILITY: Heart Horse Finder, LLC shall not be liable for lost profits or any incidental, special or consequential damages whatsoever arising out of or in connection with any sale or transaction. In no event will the total liability of Heart Horse Finder, LLC from all damages, losses, and causes of action resulting from Seller's use of the Heart Horse Finder, LLC website or service exceed the largest amount of funds held for your benefit.
25. ADDITIONAL TERMS AND CONDITIONS: The Terms and Conditions for the use of Heart Horse Finder, LLC Conditions Of Sale for buyers as stated on the auction website, are hereby incorporated by reference and made part hereof as though fully set forth herein.
26. SEVERABILITY: If any provision or portion of a provision of this agreement is held to be invalid or unenforceable for any reason, such provision or portion of a provision shall be struck and the remaining provisions shall be enforced.