Do I have any other options? - Page 2 - The Horse Forum

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post #11 of 30 Old 08-01-2013, 09:00 PM
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I bought Clem for the price we got her at with the condition we keep her at the stable.

Two months later I wanted to move her closer to school, so I asked and he said yes. That's about the option here -just ask, explain you options. If you're told no... Well, it's in the contract that you signed, so really unless you sell the horse/buy a new one you might be out of luck

Otherwise ask for a time limit. Keep it there FOREVER? Or just a year? Or how long? I'd sit down with the BO and talk about it.
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post #12 of 30 Old 08-01-2013, 09:00 PM
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That's like buying a car and saying 'well you can have this car, but you have to keep it at the lot...'

You said it was the BO's idea to add that in, yes? Skip the BO and go straight to the (previous) owner, write up a new contract and talk to the owner about moving to a different barn. The BO has no say, and who knows the whole thing could be resolved quickly and easily.

If that doesn't work then I think you'll need to consult a lawyer, not the HF.

Do you know WHY the BO wanted to keep the horse there?
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post #13 of 30 Old 08-01-2013, 09:13 PM Thread Starter
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She claimed it was because she didn't want to lose the income from Fortune; she said something along the lines of, "Even one horse and boarder can make a difference."

If calling the previous owner and talking to her doesn't help, I suppose we could definitely have a talk with the BO about what the contract means exactly (how long we have to stay there and all that)... But we'll see where all this gets us, it might be a few days before we can really do anything, we're pretty busy and money's tight, but anyway....
Thank you all very much for your help, I didn't really know where to start with this, as I didn't think I'd ever want to move him.... It's good to know my choices. So thanks again!
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post #14 of 30 Old 08-01-2013, 09:30 PM
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That's a load of crap.

I'm sorry, but any BO who is going to lock you into a long term contract after buying a horse that doesn't belong to them immediately loses all credibility in my book. So this is all ONE contract, not multiple contracts?

I, personally, don't think the BO's contract would stand up in court. If it were me I would pay my 30 days in advance and then pick up and leave. It would cost the BO an arm and a leg to come after you for it, and then I doubt they would win in the end. HOWEVER, don't take that advice from me and get yourself in trouble seriously just call someone who can help you with legal advice and go from there.
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post #15 of 30 Old 08-01-2013, 11:24 PM
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Quote:
Originally Posted by alexischristina View Post
That's like buying a car and saying 'well you can have this car, but you have to keep it at the lot...'

You said it was the BO's idea to add that in, yes? Skip the BO and go straight to the (previous) owner, write up a new contract and talk to the owner about moving to a different barn. The BO has no say, and who knows the whole thing could be resolved quickly and easily.

If that doesn't work then I think you'll need to consult a lawyer, not the HF.

Do you know WHY the BO wanted to keep the horse there?

Money.
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post #16 of 30 Old 08-01-2013, 11:39 PM
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A sale document can't enforce a future never ending boarding agreement, that's just nonsense. We cannot give you proper advice without seeing all the documentation, but unless there is a particularly clever contract drawn up between you and the BO, committing to long term boarding, and enforceable by lien on the horse (sounds ridiculous by the way), then of course the BO can't make you stay.

The amount of money you are no doubt spending on fuel to drive all this way, save some of it by going to see a local lawyer with your contract documents. He will tell you that the 'never ending residency' clause is a load of baloney.

Get up, get going, seize the day. Enjoy the sunshine, the rain, cloudy days, snowstorms, and thunder. Getting on your horse is always worth the effort.
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post #17 of 30 Old 08-02-2013, 04:40 AM Thread Starter
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There are two contracts, one for board and one for the purchase of the horse.... The conditions are written on the contract for the purchase.

You guys are giving me hope :) it would feel a lot better if he was closer to home and I've always thought that was just out of the question.

If we can keep this from going to a lawyer I think it would be nice but if worse comes to worse I think I'd rather that than be stuck in this position, not knowing what's *really* going on up there....

Never really given it much thought but there have been a handful of little incidents out there with the BO, and I know that a fair number of her boarders don't really like her that much.... That doesn't mean that she's not an efficient BO, I mean she owns 400 acres. But she does know that me and my father are first time horse owners and I wouldn't put it past her to use that to her advantage, at least by trying to keep us there.
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post #18 of 30 Old 08-02-2013, 07:28 AM
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Nobody can put that kind of clause in a SALE contract. She's a greedy, grasping piece of work who took full advantage of newbie horse owners.

If it were me, I'd make arrangements to move the horse, give the current BO 30 days notice, pay her a month's board, and move the horse that same day. Nobody can legally MAKE you stay in a boarding arrangement forever.

You want the truth? You can't HANDLE the truth!
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post #19 of 30 Old 08-02-2013, 07:42 AM
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I am with you SR. Don't ask permission, ask forgiveness. Notice and move all well coordinated at the same time. Get your friends at the barn close to you to help you move the horse. I would take all of my stuff out one day.....say you are cleaning it, or whatever. Come back another day, with a trailer-pay the 30 days and take your horse. JMHO. Sure hope it loads easily.

I also think this greedy money grabbing piece of work is most likely using the horse as a lesson horse. Meaning it makes even MORE $$ for her. Grrrr.

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post #20 of 30 Old 08-02-2013, 08:28 AM
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A boarding contract can't hold you to permanent residency, that's unenforceable.

I think you should follow the other's advice re. One month's notice and departure on the same day.

I could be charitable and say that your BO may believe that the permanent boarding contract is valid. In which case she will put up an aggrieved and emotional fight when you depart.

Or she knows that it is invalid and she puts up an angry and aggressive fight when you move. Either way, it might be tricky.

I highly recommend two things:

1 go get legal advice on both these bits of paper so that when you move you KNOW you are in the right and do not begin to feel undermined or swayed by the force of her arguments.

2 sell your horse to a friend for one dollar, thus terminating the nonsense-permanent boarding contract that you/your parents signed.

Obviously, buy the horse back when you have moved.

Your BO sounds clever, and capable. Don't attempt this without getting all bases covered regarding getting your horse out before she locks the gates.
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Get up, get going, seize the day. Enjoy the sunshine, the rain, cloudy days, snowstorms, and thunder. Getting on your horse is always worth the effort.
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