Horse Sale Stipulations
 
 

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Horse Sale Stipulations

This is a discussion on Horse Sale Stipulations within the Horse Law forums, part of the Horse Resources category
  • Free horse lease with stipulations
  • Who can i give a horse i can't control

 
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    07-19-2012, 10:46 PM
  #1
Foal
Horse Sale Stipulations

Hi. My sister has been riding at a particular barn for close to 10 years, she's been working with one horse in particular. About 4 years ago when she started college the owner of the horse (also the owner of the stable) offered to give the horse to my sister. She was just starting college so she couldn't afford to pay the board. Over the past two summers she's been doing a full lease on the horse and that's worked out ok for her.

Now that she's done with college she asked about taking over the horse (gifting it to my sister). The owner was hesitant but said that she could, however she also said that that horse would need to be boarded at her property for the rest of it's life. Is this something the owner can work into the sale, or once my sister owns it can she do as she wishes with the horse?

She doesn't want to take the horse and run, but she'd like to know that if she wants to move she can take the horse with her. Thanks in advance for any advice you can give!
     
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    07-19-2012, 10:50 PM
  #2
Green Broke
If your sister is the registered owner with a bill of sale then she has control of the horse. The previous owner is just that...previous.

Edit: is she wanting to buy the horse? Or just be a full leaser and be in charge of riding/care all that?
     
    07-19-2012, 11:00 PM
  #3
Foal
Thanks for your quick reply.

That's what I thought, but I wasn't sure if she could add anything like that into the sale.

My sister wants to buy the horse not lease her. The current owner won't let my sister show with this horse under the lease, so she'd like to buy her so that she can.
     
    07-19-2012, 11:02 PM
  #4
Green Broke
Yeah then she's in control. The previous owner can't control whether your sister moves the horse or not.
     
    07-19-2012, 11:03 PM
  #5
Showing
So your sister basically wants the owner to turn the horse over to her free and clear? Yeah, that's not likely to happen unless there's an actual document of sale, even if it's only for $1.00.

Unless the current owner is willing to do that, then what she's offering your sister is a free lease and the horse remains where it is.

So no, your sister has no legal rights to take the horse unless she has a written sales contract with no stipulations.
     
    07-19-2012, 11:03 PM
  #6
Foal
Thanks, that's awesome to hear, I'll let her know!
     
    07-19-2012, 11:06 PM
  #7
Green Broke
Quote:
So your sister basically wants the owner to turn the horse over to her free and clear? Yeah, that's not likely to happen unless there's an actual document of sale, even if it's only for $1.00.

Unless the current owner is willing to do that, then what she's offering your sister is a free lease and the horse remains where it is.

So no, your sister has no legal rights to take the horse unless she has a written sales contract with no stipulations.

That's what I said... pretty much.....
     
    07-19-2012, 11:20 PM
  #8
Foal
Quote:
Originally Posted by Speed Racer    
So your sister basically wants the owner to turn the horse over to her free and clear? Yeah, that's not likely to happen unless there's an actual document of sale, even if it's only for $1.00.

Unless the current owner is willing to do that, then what she's offering your sister is a free lease and the horse remains where it is.

So no, your sister has no legal rights to take the horse unless she has a written sales contract with no stipulations.
My question wasn't about getting a free horse, it was about whether the previous owner could add anything to the sale that would control what my sister could do with the horse once ownership was transfered.

Thanks for your response!
     
    07-19-2012, 11:31 PM
  #9
Green Broke
Sorry to jack your thread but SR- are they allowed to make a stipulation saying the animal you buy has to stay on their property?

I've heard of first option buy back and all but I've never heard of someone being able to say that the horse has to stay on their property? What would you do if you moved?

Which is why I said that she should be good if its hers legally...


It would be like saying "oh yeah ill sell you my tractor but you have to keep it here and you can only use it on my property...."

I don't see the sense in it.
     
    07-20-2012, 05:49 PM
  #10
Showing
By trying to stipulate that the horse remain certainly guarantees the boarding fees, no matter how high they go. That wouldn't stand up in court.
     

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