Horse boarding contract breech
   

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Horse boarding contract breech

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  • Horse boarding contract breech
  • No boarding contract take horse

 
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    10-23-2009, 08:57 PM
  #1
Weanling
Question Horse boarding contract breech

How do you enforce the laws about a breech of contract at a boarding facility? The contract states that if they don't pay, the manager could then take the horse as collateral. The manager could then sell the horse to make up for lost pay.

Now what happened to me was I was going to buy a horse that was taken as collateral. Early morning before I signed the paperwork, the old owners "stole" her off the property... the worst part is they stole her just to give her to animal control. I was wondering if there was anything I could do??? The boarding facility isn't going to pursue it because they don't want the horses back on the property.
     
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    10-23-2009, 09:01 PM
  #2
Weanling
Yikes! Im going to go with theres nothing you can do other then go to animal control and tell them you want the horse and see what they say
     
    10-23-2009, 09:02 PM
  #3
Started
There is nothing you can due. Personally I would never buy a horse in that suituation, you can be taking on liability.
     
    10-23-2009, 09:13 PM
  #4
Weanling
Thanks. That's what I figured but I had to ask
     
    10-27-2009, 03:30 PM
  #5
Showing
Legally, you couldn't have bought the horse off the BO anyway.

In order to sell a horse that has been seized for back board, the stable owner is required by law to sell the horse at auction.

So the fact that the BO was willing to sell you an animal they should have known couldn't be sold in that way, tells me they're either ignorant of the law, or just as dishonest as the boarder who didn't pay.

You can contact the shelter and profess an interest in the horse, but you have no legal recourse.
     
    10-27-2009, 04:14 PM
  #6
Super Moderator
Contact animal control. You may be able to work a deal if in fact the owner turned the horse over.
     
    10-29-2009, 04:55 PM
  #7
Foal
Quote:
Originally Posted by Speed Racer    
Legally, you couldn't have bought the horse off the BO anyway.

In order to sell a horse that has been seized for back board, the stable owner is required by law to sell the horse at auction.

So the fact that the BO was willing to sell you an animal they should have known couldn't be sold in that way, tells me they're either ignorant of the law, or just as dishonest as the boarder who didn't pay.

You can contact the shelter and profess an interest in the horse, but you have no legal recourse.
I don't know about California specifically, but for Georgia that's incorrect. The horse can be sold any way that the barn owner sees fit. Whether it's a private sale or at auction doesn't matter. They don't even have to advertise it... they could sell it to another of their boarders. Or the owner can keep the horse for themselves if they so choose.

Disney - if I were in your shoes, I'd contact animal control. Chances are they don't know what to do with the horse and would be more than happy to turn it over to someone that wants it. That's one less animal they have to deal with.
     
    10-29-2009, 05:00 PM
  #8
Started
You don't have to sell anything at auction, but you do have to let the owner know so they get a chance to pay the debt. Its like exactly like taking an attached asset because a debt wanst paid. Ie home forclosure. They don't have to sell via an auction, but they do have to give notice to the owners, and sell it a fair price, and give additional processed, above the debt, to the owner.
     
    10-29-2009, 05:47 PM
  #9
Weanling
Here, as long as the BO sends notice to the horse owners, they can sell them anyway they choose.

Thank you all so much, unfortunately by the time I figured out which animal control they took her to, she was already adopted. But at least I know she's in a good home and not alone in a shelter somewhere.
     
    10-29-2009, 11:08 PM
  #10
Banned
Aww that's too bad! I should probably look up the laws for Florida....but I know in my specific contract it simply states that the BO has the right to keep the horse and bar it from removal from the property till the outstanding board is paid
     

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