Buying a mare in foal

if u bought it from an auction house then the mare and foal are yours for the amount u paid.  Clearly the risk is not getting a live foal and you have no comeback (i.e. the live foal concession ceases when ownership is transferred)

Ok , that makes sense if you are the purchaser of a mare in foal but if you owned the mare when she was covered and sold her , are you still liable to stump up the stud fee when the live foal is born ? Or do you stump up the stud fee up front at the time of covering and only get a rebate a year later if the foal doesnt survive ?

Scenario no.2 so you only get a rebate if you still own the mare for whom you purchased the nomination.

When you sell you are liable for the cover fee there and then and again have no comeback if a foal doesnt appear (given you've sold the mare this isnt really your concern anyway).  Cant work any other way

Thanks for the replies : it seems therefore that the stallion master who affords such a concession 'gets lucky' in the event that the mare in foal is sold - the original mare owner no longer has a legal interest in the progeny and cannot therefore avail of the concession while the new mare owner has no privity of contract with the stallion master and therefore no rights of redress in the event that a live foal does not materialise ?

Yes, although in reality the better studs (Juddmonte for example) will give the unlucky mare owner a good deal next year.