Wow! It took me sometime to get the approval for giving away a free horse to a buyer for my Kansas Listings but I finally got the letter from KREC telling me I can offer a horse or any other chattel to buyers of Kansas Real Estate.
So now for the fine print; I’m waiting to here back from my KS attorney on the specifics of the issue. The KREC advised that I may want to discuss the potential liabilities with an attorney before going live with offering a free horse. Seems the KREC thought there may be some potential civil liabilities or even something that may fall under the Kansas Consumer Protection Act. So I added a disclaimer!
Free Horse, when you buy this property! See Disclaimers!
So the preliminary wording looks something like this:
Turn-Key Properties is offering an inducement as approved by the KREC. That inducement is defined herein.
This offer is subject to change without notice at any time. If it is determined that this offer violates any laws or ethics, this offer is null and void!
After many weeks of waiting for clarification from the KREC, on the offering of inducements I finally received approval for such in writing on June 9, 2009.
While such inducements are legal in Kansas, they are not in Missouri so this offer only applies to specific properties in Kansas. Not all listings by Turn-Key Properties LLC in Kansas will offer this inducement; only ones selected by the Brokers and staff of Turn-Key Properties LLC. Those properties will be clearly labeled with information about the inducement.
HORSE: Shall be defined as a living breathing four legged animal, having a mane and tail. See also: http://en.wikipedia.org/wiki/Horse .
VALUE: The horse is not part of the real estate and therefore considered chattel. As such no dollar value is assigned to the horse. See also: http://en.wikipedia.org/wiki/Chattel .
SUBSTITUTIONS: The horse is offered mostly as a marketing gimmick; if the buyer declines to accept the horse, no substitutions will be offered. As the horse has no declared value. Should the buyer request it, a photograph of an actual horse will be made available as a substitution. See also: http://en.wikipedia.org/wiki/Gimmick .
* If you do not want a horse, you do not have to accept a horse! *
LIMITATION OF LIABILITY: Turn-Key Properties, our agents, clients, buyers, sellers, principles, partners, employees, friends, family, pets and even our horses claim no representations or warranties regarding anything or any horse. Further by accepting the horse you agree that we are not liable for anything you or the horse does. Horses are livestock and as such have certain risks involved.
Both Kansas and Missouri have adopted laws indemnifying Equine professionals and participants from liability.
WARNING! “Under Kansas law, there is no liability for an injury to or the death of a participant in domestic animal activities resulting from the inherent risks of domestic animal activities, pursuant to sections 1 through 4. You are assuming the risk of participating in this domestic animal activity.
(c) The contracts described in subsection (a) shall contain the following language: Inherent risks of domestic animal activities include, but shall not be limited to:
(1) The propensity of a domestic animal to behave in ways i.e., running, bucking, biting, kicking, shying, stumbling, rearing, falling or stepping on, that may result in an injury, harm or death to persons on or around them;
(2) the unpredictability of a domestic animal’s reaction to such things as sounds, sudden movement and unfamiliar objects, persons or other animals;
(3) certain hazards such as surface and subsurface conditions;
(4) collisions with other domestic animals or objects; and
(5) the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the domestic animal or not acting within such participant’s ability.
Sec. 5. This act shall take effect and be in force from and after its publication in the statute book.”
KS Equine Law: http://www.americanequestrian.com/legal/KS.htm .
WARNING!
Under Missouri law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities pursuant to the Revised Statutes of Missouri.
MO Equine Law: http://www.americanequestrian.com/legal/MO.htm .
See also our disclaimer page: http://www.turnkeyproperties.org/resources_details.php?id_art=66623&img_id=0
PHOTOGRAPHS: Turn-Properties LLC, www.turnkeyproperties.org www.palominoquarterhorses.com and www.batescountyrealestate.com and our staff, agents, employees and brokers may have placed pictures of horses in our ads, blogs or on our web pages. These photographs and animations are intended to attract attention and may or may not be representative of the actual horse offered. We do not imply that the horse offered will perform any specific tasks, or fit any specific appearance profile.
In other words it is a horse, and we are not responsible for what you do with it!
I agree to the terms and conditions defined herein, if you do not understand this document please seek legal advice.
_______________________ Accept the Horse Decline the Horse
Buyer, Client
Unbelievable, I had no idea it would be so hard to give something away!
I didn’t want to pay for an attorney to draft it; so I must ask do you see anything I left out that should have been included?
My first inclination is to use this to get Kansas equestrian property listings, but the only listing I have in KS now if a car wash. So I thought what the heck; “BUY A CAR WASH AND GET A FREE HORSE”!
