Getting a rescue horse is like getting property with an encumbrance....
 
 

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Getting a rescue horse is like getting property with an encumbrance....

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    03-22-2014, 06:51 PM
  #1
Foal
Getting a rescue horse is like getting property with an encumbrance....

Here is part of the adoption agreement....



"It is agreed that entry of (This Horse) in a race shall void this sale and any subsequent sales, and ownership and all rights of

Possession shall immediately revert back to Inc. The adopted horse may be removed from

any premises by Inc. Including from any racetrack, without court order. Adopter

Authorizes Inc to present a copy of this Agreement or other notice of this Agreement to any

Racing Secretary and the Racing Secretaries are authorized and directed to bar the Adopted Horse from entering any race.

(New Owner) agrees not to breed the horse under any circumstances.


It is agreed that if (This Horse) is offered for sale, or is to be given away in the future, that (Present Owner) Inc. Will be notified via telephone and First Class mail and given first right of refusal. (Present Owner)

Inc. Has seven (7) days to exercise the first right of refusal from the date of the notification

by the (Present Owner). If (Present Owner)Inc. Opts not to exercise its first right of refusal

then (New Owner) will provide (Present Owner)Inc. With the name, address and telephone

Number of any prospective owner to


Most of this sounds like trouble for the new owner. If they want to sell they are limited. This contract is so one sided, it might not stand up in court. Don't get mad! Get real, people put tons of time and money in their horses and sometimes they want to sell. This sounds as if the rescue will fight it. Before I saw this I thought I might go back to this one anyway, but now no dice!!!!!
     
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    03-22-2014, 07:05 PM
  #2
Trained
That's why I will not deal with a rescue. If they are that attached to the horse they can keep it. Either I own a horse or I don't want it.
     
    03-22-2014, 07:11 PM
  #3
Trained
You would have to talk to a contracts lawyer in the state to see if it would stand up in court. From my perspective, if someone wants to buy with those conditions, it is their business - and they then ought to honor what they signed. I would refuse it if only for this line:

"The adopted horse may be removed from any premises by Inc. Including from any racetrack, without court order."

It looks like that would allow them to take 'my' horse anytime they wanted, and I would never agree to such a contract.

I find most animal 'rescues' a bit underwhelming anyways. I once had a Border Collie 'rescue' tell me I had no business owning Border Collies, although we had owned one before, and my current Border Collie considers me to be a deity. In fact, my current Border Collie was recommended to me by a guy who later that year won the Open championship at the nationals. So instead of coming to me with my 2 acres, the 'rescued' dog stayed with one of the 'rescue' people, living in a crate 23 hours a day...
     
    03-22-2014, 07:30 PM
  #4
Yearling
Feel the same way and after "rescuing" two dogs from one group when we decided to rescue a third we were refused because the vet told them my aussie is not on heartworm preventative. Of course she isn't - she seizes. Even when the vet went back and "explained" we were refused. We found our perfect match on craigslist and are so much happier. His entire first year's care was less than the "rescue" fees. I donate to the local horse rescue but wouldn't adopt from them for the same reasons.
rydernation likes this.
     
    03-22-2014, 07:37 PM
  #5
Green Broke
It sounds like you are not talking about a "horse" but a "race Horse" and I am sure they do not want to risk it being adopted out to make a profit at a horse race. This is totally different as you should not be adopting a horse to make a profit but more so for your own use. Maybe these horses are pulled from the track for some physical reason and maybe worth a lot of money if able to race.
     
    03-22-2014, 08:08 PM
  #6
Weanling
I agree, a lot of the rescues have terms and contracts that are just ridiculous. I suspect often times they don't actually want to re-home the animals.

I was considering adopting a horse from a local horse rescue but then I was told that I would have to pay $50 to "apply". They would then run a credit check, background check, and come out to view the property. If all that met their standards I could choose a horse and pay the "adoption fee". The horse would not be allowed to bred, sold, and they have the right to do property inspections at any time without notice and remove the animal during one of these inspections. Yeah...no thanks!
     
    03-22-2014, 08:31 PM
  #7
Foal
Quote:
Originally Posted by churumbeque    
It sounds like you are not talking about a "horse" but a "race Horse" and I am sure they do not want to risk it being adopted out to make a profit at a horse race. This is totally different as you should not be adopting a horse to make a profit but more so for your own use. Maybe these horses are pulled from the track for some physical reason and maybe worth a lot of money if able to race.
No, actually, the contract as it reads on it's website is something I could never agree to. I allows them to commit any fraud or felony against me, by their agents, etc and I can't sue them. Spose a person who worked for them was known to have a hot temper and perhaps previous charges of violence against people against him and he hit me and did damage to me that my insurance wouldn't pay for??? Say, if the person did emotional damage and I needed therapy. My insurer could totally say no to that! And if he was a person who didn't have any cash, and they sent him out to me, OF COURSE I'D WANT TO SUE THEM! They knew he was violent and they placed me in danger by sending him to my property. According to that contract, I could not sue them no matter what happened, no matter how irresponsible and negligent they were. Unhh uhh. They had some perfectly rehomeable horses, but that is not for me. They have to respect me, and it's clear from that contract they don't!
     
    03-22-2014, 08:33 PM
  #8
Trained
Quote:
Originally Posted by churumbeque    
It sounds like you are not talking about a "horse" but a "race Horse" and I am sure they do not want to risk it being adopted out to make a profit at a horse race. This is totally different as you should not be adopting a horse to make a profit but more so for your own use. Maybe these horses are pulled from the track for some physical reason and maybe worth a lot of money if able to race.
I totally disagree. These horses are "rescued" from the track because they didn't run well and the owners would send them to the auction and these folks just don't like that idea. So, if you tried to run the horse, you'd be losing money in all likelihood. But anyway, if you adopt a horse I feel you should own the animal free and clear and have no limitations on its use. If they want to put strings on these animals, then they need to just keep them or find foster suckers who will foot all the bills and not want to own them or do anything with them. Most rescues are a big scam, IMO.
Cherie, boots, ShadowRider and 1 others like this.
     
    03-22-2014, 08:38 PM
  #9
Foal
Quote:
Originally Posted by Dreamcatcher Arabians    
I totally disagree. These horses are "rescued" from the track because they didn't run well and the owners would send them to the auction and these folks just don't like that idea. So, if you tried to run the horse, you'd be losing money in all likelihood. But anyway, if you adopt a horse I feel you should own the animal free and clear and have no limitations on its use. If they want to put strings on these animals, then they need to just keep them or find foster suckers who will foot all the bills and not want to own them or do anything with them. Most rescues are a big scam, IMO.
Think of it as a horse lease where you are getting an animal that may or may not be fit for it's use. You pay everything and the rescue can take him back or refuse to let you sell him. My horse, in my *barn* is a rescue horse that I did not apply for because someone else got him before I could get an app together. I sure as hell am not going to race him or send him to slaughter, so I find the contract ridiculous at that end, but I might have resold him with training to be a trail or sport horse of some type. Who knows what the future holds? Same thing for the rescue, it could always disband.
     
    03-22-2014, 08:39 PM
  #10
Trained
Quote:
Originally Posted by rydernation    
Think of it as a horse lease where you are getting an animal that may or may not be fit for it's use. You pay everything and the rescue can take him back or refuse to let you sell him. My horse, in my *barn* is a rescue horse that I did not apply for because someone else got him before I could get an app together. I sure as hell am not going to race him or send him to slaughter, so I find the contract ridiculous at that end, but I might have resold him with training to be a trail or sport horse of some type. Who knows what the future holds? Same thing for the rescue, it could always disband.
Agreed. I won't deal with a rescue. I'll go directly to the auction and if I find something I want, I pay the money and takes my chances. Costs a lot less if I'm wrong and the horse ends up not being suitable.
Cherie, bsms, dbarabians and 2 others like this.
     

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