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Agreement to Sell and Purchase Cattle

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Agreement to Sell and Purchase Cattle

Agreement made on the day of , 20,

between (Name of Buyer) of

(street address, city, county, state, zip code), referred to herein as Buyer, and (Name of Seller), a corporation organized and existing under the laws of the state of , with its principal office located at

(street address, city, county, state, zip code), referred to herein as Seller.

1. Cattle to be Purchased

For and in consideration of (dollar amount), the receipt of which is acknowledged by Seller, and payment of the sum described in Section 10 of this Agreement, Seller agrees to sell and will deliver to Buyer, and Buyer will purchase and accept the following-described cattle, under the following terms and conditions:

 Number of head to be purchased: .

 Brand:

 Breeding:

 Condition: Subject to the provisions of Section 5 below,

 Stock:

 Shrinkage:

 Total Price: .

2. Delivery

A. Delivery of the cattle subject to this Agreement is to be F.O.B. cattle cars or other carrier at

(address of stockyards), subject to Buyer's ability to bill and ship through to Buyer's destination at

(address of destination), on or before (date), subject to the provisions of Section 3 of this Agreement.

B. All charges before loading the cattle on cattle cars or other carrier are to be paid by Seller.

3. Alternative Delivery

A. If shipment in the manner specified in Section 2 of this Agreement becomes impossible or commercially impractical, Seller shall ship the cattle to Buyer at the location specified in Section 2, above by

B. Any and all additional expenses incurred by reason of such substituted delivery shall be paid by (name).

4. Cattle to Conform to Those Exhibited

Seller covenants that the cattle when delivered shall conform to the cattle that were exhibited to Buyer on (date), at

(address of location), by Seller or , the sales representative of Seller.

5. Inspection for Disease

Seller shall cause the cattle to pass federal, state, and all other necessary inspections for all diseases, brands, and marks at the expense of Seller . No sick, crippled, off-colored cattle, or any other cattle failing to pass the above inspections, are to be counted or loaded at such time and place.

6. Inspection by Buyer

A. Buyer shall have the right to examine the cattle on their arrival as specified above. Within business days after such arrival, Buyer must give notice to Seller by of any claim for damages on account of the condition, quality, or grade of the cattle, and must specify the basis of Buyer’s claim in detail.

B. Buyer's failure to comply with these provisions shall constitute irrevocable acceptance of the cattle and bind Buyer to pay the contract price for the cattle.

7. Bases for Rejection

For the purposes of determining whether Buyer has a reasonable basis for rejecting any of the cattle shipped pursuant to this Agreement, there shall be sufficient reason for rejection if the cattle have failed to pass any of the inspections specified in Section 5 of this Agreement.

8. Seller’s Warranties

A. Seller warrants that the cattle shall be free from any and all liens and encumbrances, and further warrants that he will defend title to the cattle and indemnify Buyer from and against any and all loss or damage on account of such liens, encumbrances, or other defects in title.

B. Seller further warrants that the cattle shall be in good merchantable condition prior to loading at the above-specified time and place.

9. Payment of Balance of Purchase

The balance of the purchase price ($), after deduction of ($) paid pursuant to the provisions of Section 1 of this Agreement, shall be paid by Buyer to Seller when the cattle are loaded on the cars as specified above.

10. Weighing

A. The cattle shall be weighed on the day of loading on Buyer's cattle cars or other carrier on certified scales prior to loading.

B. The cattle shall be taken off feed and water at daylight on the date of weighing, and kept off feed and water until after they have been weighed.

C. The costs of such weighing shall be borne by (name).

11. Transfer of Title; Indemnification of Buyer

Title to the cattle that are the subject of this Agreement shall remain in Seller until after the weighing and loading on Buyer's cattle cars or other carrier of the cattle as set forth above. Until the cattle are so loaded, Seller will indemnify Buyer from and against any and all actions or claims arising out of the terms of this Agreement or the shipping of cattle pursuant to this Agreement and from and against any and all damages or injuries arising from such matters.

12. Risk of Loss

The risk of loss from any casualty to the cattle regardless of the cause of such casualty shall be on Seller until the cattle have been accepted by Buyer as specified in this Agreement.

13. Breach of Contract

If any of the terms, conditions, warranties, or representations with regard to the cattle on the part of Seller are violated, then, upon discovery of such violation, Buyer may summarily annul or avoid the transaction set forth in this Agreement and shall recover all sums of money previously deposited by him with Seller either as deposit or full payment of the livestock.

14. Notice of Revocation of Acceptance

The revocation of acceptance by Buyer of cattle delivered under and pursuant to this Agreement shall not be effective unless made and notice of such revocation of acceptance is given to Seller within (number) days after Buyer has discovered the defects or (number) days after acceptance by Buyer, whichever shall occur first.

15. No Waiver

The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

16. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

17. Notices

Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

18. Attorney’s Fees

In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees.

19. Mandatory Arbitration

Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

20. Entire Agreement

This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

21. Modification of Agreement

Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

22. Assignment of Rights

The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

23. Counterparts

This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.

WITNESS our signatures as of the day and date first above stated.

__________________________________________

(Name of Seller)

___________________________________ __________________________________________

(Name of Buyer)

(Name of Officer and Office in Corporation)

STATE OF

COUNTY OF

Personally appeared before me, the undersigned authority in and for the said county and state, on this day of , 20, within my jurisdiction, the within named, (Name of Buyer), who acknowledged that he executed the above and foregoing instrument.

____________________________________

NOTARY PUBLIC

My Commission expires:

STATE OF

COUNTY OF

Personally appeared before me, the undersigned authority in and for the said county and state, on this day of , 20, within my jurisdiction, the within named (Name of Officer), who acknowledged that he is (Name of Office) of (Name of Corporation), a (name of state) corporation, and that for and on behalf of the said corporation, and as its act and deed he executed the above and foregoing instrument, after first having been duly authorized by said corporation so to do.

____________________________________

NOTARY PUBLIC

My Commission expires:

Note: Form of Acknowledgment may vary by state.

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What an Agreement to Sell and Purchase Cattle Is

An Agreement to Sell and Purchase Cattle is a written contract documenting the transfer of livestock ownership from seller to buyer. It sets out the parties, a precise description of the animals (head count, ear tags/brands, weight ranges, and ages), the sale price and payment schedule, delivery and risk-of-loss terms, health and warranty obligations, and remedies for breach. The contract helps prevent disputes over identity, weight adjustments, or transport losses and supports compliance when parties execute the agreement electronically under ESIGN and applicable state UETA statutes.

Why a Clear Sale and Purchase Agreement Matters

A formal Agreement to Sell and Purchase Cattle clarifies price, delivery, health warranties, and title transfer, reducing disputes and financial risk. It provides enforceable terms for inspection, payment adjustments, and remedies, improving certainty for sellers, buyers, and financiers.

Why a Clear Sale and Purchase Agreement Matters

Who Commonly Uses This Agreement

Common users include ranchers, commercial feedlots, livestock buyers, brokers, transporters, and agricultural lenders involved in cattle transactions.

  • Ranchers and producers selling herds or individual animals; use the agreement to document head counts, brands, and payment terms precisely.
  • Feedlots and buyers purchasing cattle for finishing; require clear delivery, weight, shrink, and payment adjustment provisions on receipt.
  • Brokers, transporters, and lenders who need bill of sale, lien language, and proof of title for financing or movement.

Each party relies on the written agreement to allocate responsibility for animal identity, transport risk, inspection rights, and payment obligations.

Sample Signers and Their Priorities

Seller — Ranch Owner

A family ranch owner selling a cow-calf herd needs clear animal identification (ear tags, brands), warranties limited in duration, a definitive payment schedule, and explicit allocation of transport costs and risk to prevent post-sale disputes.

Buyer — Feedlot Operator

A commercial buyer purchasing feeder cattle requires inspection and adjustment rights tied to receipt weights, health and vaccination representations, remedies for undisclosed disease, and contract language that supports lender requirements when purchases are financed.

Security and Compliance Considerations

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Audit Trail: Timestamps, IP, signer events retained
Access Controls: Role-based permissions and SSO options
HIPAA BAA: BAA available where PHI involved
Retention: Audit logs preserved per policy
Authentication: Email, SMS, KBA, or advanced methods

Core Clauses to Include in the Agreement

A complete Agreement to Sell and Purchase Cattle groups clauses that define parties, cattle description, price and payment, delivery, health warranty, and remedies to reduce transaction risk.

Parties & IDs

Identify seller and buyer by full legal name, business entity type, and contact details; include tax ID or EIN for financing and tax reporting.

Cattle Description

Describe animals by headcount, ear tag numbers or brands, average weight, age class, and lot identification to avoid ambiguity at delivery and inspection.

Price & Payment

Specify total price, per-head or per-pound basis, calculations for net weight, payment due dates, accepted payment methods, and any holdback or escrow.

Delivery & Risk

Define delivery point, who arranges and pays transport, when title and risk of loss pass, and procedures for shortages or transport loss.

Health & Warranty

State required health certificates, vaccination status, inspection period, and any seller warranties or disclaimers about disease, fertility, or weight.

Dispute & Law

Include governing law, venue, dispute resolution (mediation/arbitration), remedies for breach, and whether attorneys' fees are recoverable.

Step-by-Step: Completing the Agreement

Follow these sequential steps to prepare, review, and execute a contract that reduces post-sale disputes and supports compliance.

  • 01
    Identify Parties: Enter full legal names and contact details for seller and buyer.
  • 02
    Describe Cattle: Provide headcount, tags/brands, weights, and any lot identifiers.
  • 03
    Set Terms: Specify price, payment dates, inspection window, and remedies for shortages.
  • 04
    Sign and Archive: Obtain signatures, notarize if required, and save a PDF with audit trail.

Recommended Digital Workflow Settings

Configure your digital signing workflow to preserve evidence, support inspection attachments, and notify parties at key milestones.

Field Configuration
Authentication Email link plus optional SMS code
Template Save modular clauses for reuse
Notifications Automatic reminders for pending signatures
Attachments Require health certificates and bill of lading

How Electronic Execution Typically Works

A standard e-sign workflow collects consent, authenticates signers, captures signatures, and stores a tamper-evident record with an audit trail.

  • Upload Document: Sender uploads the agreement and attaches certificates.
  • Place Fields: Add signature, initials, and date fields for each signer.
  • Signer Authentication: Signers authenticate using email, SMS, or KBA as configured.
  • Execution & Storage: Signed PDF and audit trail are generated and archived.

Technical and Integration Considerations for eSigning

Choose a platform that supports required file formats, signer authentication, and integration with your record systems.

  • File Formats: PDF, DOCX accepted; export to PDF/A
  • Authentication: Email, SMS code, KBA, or advanced methods
  • Integrations: Salesforce, NetSuite, Box, Google Workspace

Typical Dates and Deadlines to Track

Track effective, delivery, inspection, payment, and retention dates to trigger obligations and preserve protections under the agreement.

Effective Date:

Enter as MM/DD/YYYY; governs when obligations begin.

Delivery Date:

Date when carrier delivers and buyer inspects animals.

Inspection Window:

Number of days post-delivery for buyer inspection and claims.

Payment Due:

Specify due date and consequences for late payment.

Record Retention:

Retain agreement per legal and tax requirements.

Key Transaction Milestones

A typical sale follows a sequence of negotiation, documentation, transport, and final settlement; each stage has distinct actions and deadlines.

01

Negotiation

Agree on price, head count, and any contingencies before drafting.

02

Contract Signing

Execute agreement and collect required attachments and signatures.

03

Transport & Delivery

Arrange carrier, deliver animals, and complete delivery inspection.

04

Final Settlement

Resolve weight adjustments, pay remaining balance, and transfer title.

Common Mistakes to Avoid

  • Failing to identify animals precisely (missing tag/brand numbers) creates disputes at delivery and may void inspection claims.
  • Vague pricing language or unclear weight adjustment formulas lead to disagreement over final payment amounts and potential litigation.
  • Omitting health certificates or inspection windows can result in rejected loads, quarantine costs, and indemnity claims.
  • Neglecting to address who bears transport risks and insurance during transit can shift unexpected losses to an unaware party.

Penalties, Liabilities, and Legal Risks

Breach Damages: Monetary damages or specific performance
Quarantine Costs: Buyer or seller pays veterinary containment
Rejection Loss: Cost of return transport and feed
Financing Default: Repossession or loan acceleration
Civil Penalties: State fines for health violations
Title Dispute: Delay in resale or transferability

Practical Examples of Use

Two typical scenarios illustrate how an Agreement to Sell and Purchase Cattle is used in common transactions.

Small Ranch Sale

A family ranch sells a 40-head lot to a local buyer, documenting tags and average weight.

  • The buyer inspects at delivery for a 48-hour window.
  • The signed agreement, health certificates, and a PDF/A archival copy prevent later disputes and support bank financing when required.

Commercial Feedlot Purchase

A feedlot purchases 1,200 feeder cattle from a regional seller, with price tied to final weight.

  • Carrier delivers and buyer adjusts payment for shrink.
  • The contract includes payment holdback for unresolved health claims and an audit trail of electronic signatures for compliance and lender review.

Practical Tips for Accurate and Efficient Completion

Follow these best practices to reduce risk, speed execution, and preserve enforceability for cattle sales.

Identify Animals Precisely
Record ear tag numbers, brands, and lot identifiers. Include average and total weights and state whether price is per head or per pound to avoid post-delivery disagreement.
Attach Health Documents
Include required health certificates, vaccination records, and any test results as attachments to the agreement to make them part of the contract.
Specify Payment Mechanics
Define payment timing, methods, holdbacks, and calculation methodology for weight adjustments or shrink to prevent late payments and disputes.
Preserve Execution Evidence
Use an electronic platform that provides a tamper-evident PDF and detailed audit trail showing signer identity, timestamps, and consent to electronic records.

FAQs: Common Questions About the Agreement

Answers to frequent questions about execution, notarization, e-signatures, and recordkeeping for cattle sale agreements.


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eSignature Pricing and Feature Comparison

Compare baseline pricing and key capabilities for common eSignature providers when choosing how to execute and archive cattle sale agreements.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes (paid tier) Varies by plan Varies by plan Varies by plan Varies by plan
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year Varies Varies Varies

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