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Horse boarding a contingency to sale of house?!?

This is a discussion on Horse boarding a contingency to sale of house?!? within the Horse Talk forums, part of the Keeping and Caring for Horses category

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        12-17-2013, 02:54 PM
      #21
    Weanling
    Because they are obviously tight on money, I would definitely say no. What happens if they get tighter and can't afford to care for the horses at all anymore and just abandon them on your property?

    Personally, if I couldn't afford my mortgage payments, I would have already sold the horses knowing that I couldn't afford to give them quality care (particularly if something happened).
         
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        12-17-2013, 03:04 PM
      #22
    Showing
    Exactly, Tessa. I see all sorts of scenarios if the OP goes along with that ridiculous 'condition', and none of them are good.
    franknbeans, DimSum and TessaMay like this.
         
        12-17-2013, 03:13 PM
      #23
    Green Broke
    I'm going with the majority here as well - your offer is $xxx with complete possession by such a date and all their effects (including horses) gone before possession.

    I do feel for them but the issues of various liability (not to mention quiet enjoyment of your property) just loom too large in this situation. The only concession I could see making is extending the possession date (give them 60 days instead of 30 - something like that but no more) to help them by giving them a bit more time to find alternative accommodation for their horses.
         
        12-17-2013, 04:41 PM
      #24
    Weanling
    I was a long time realtor and here is my advice:

    Call a real estate attorney (if you can find one who is a horseperson all the better).
    Call an equine attorney.
    Talk to your agent about seeing if he or she can influence the bank on this one (a previous poster had some good info on the bank possibly changing their mind on that clause if it was a no go for you). They want it sold and as much money as they can get out of it.
    Call your insurance company and find out the implications of it (it will give you negotiating power ~ what if one of them or their horses were killed or injured on your property)
    What if they're alcoholics, or have mental illnesses that you can't spot right away and they disrupt your peace. (I realize they are two very dissimilar scenarios but I've just had to deal with both with neighbors and am so happy to be away from that).

    One year is a long time to deal with others on your property who might act as if they own the place. And what if they do't leave after 12 months? If anything, I'd reduce the time to 6 months.

    If you do go for this there are MANY clauses that would have to be written into the agreement, this part of the contract could end up being longer than the Offer agreement and don't forget to include barn rules (including smoking, hours, what if they abandon their horses with you, what if they don't leave at the end of 12 months etc.).

    Good luck!
    egrogan likes this.
         
        12-17-2013, 04:48 PM
      #25
    Trained
    These folks did not get into this situation over night. As has been said-they should (and most of us with 2 grey cells to rub together) would have gotten rid of the horses before we lost our house. While I feel for these folks and the hard situation they are in, it seems that they are still not ready to make the sacrifices necessary to live on whatever income they have. JMHO. Again I say-walk fast and far and don't look back, until the bank takes the house….or just let it sit and go back in a few months and offer again-lower.
         
        12-17-2013, 08:25 PM
      #26
    Yearling
    Thumbs down

    In a word? "Nope."
         
        12-18-2013, 10:44 AM
      #27
    Foal
    Thanks, everyone, for your honest opinions. I think deep down I knew my answer should be an unquestionable NO on those horses staying. You helped me reaffirm it. It's very frustrating though...I have been trying to buy a house for three months and had two other offers not work out but for legitimate reasons. It's frustrating that these irresponsible, uncooperative people are standing between me and this house. But you are right, appeasing their crazy demands will only spell out more trouble down the road, and it's not worth it!!

    I am still waiting to see their actual counter offer with the horse clause...if the seller won't stand down on the issue, my next course of action is to try and circumvent them and go straight to the bank. I'm not sure if that will work, but it's worth a try. I have a good solid offer for the approved short sale price. They would be crazy to allow the seller to refuse it because they are too irresponsible to rehome their horses. But, if it doesn't work, I'm prepared to walk away. I'll be disappointed, but better disappointed now than struggling with this for the next year plus.
         
        12-18-2013, 10:49 AM
      #28
    Showing
    There are other properties, Apple. I know you're frustrated and it seems you'll never come out ahead, but you will. I waited many years and looked at a lot of places before the one I bought pretty much fell into my lap.
         
        12-18-2013, 10:59 AM
      #29
    Green Broke
    I would say no, even if it means walking away from the property. It just doesn't seem worth it in the end, the liability (as everyone else has pointed out) is just too high.
         
        12-18-2013, 08:09 PM
      #30
    Yearling
    Hopefully the bank sides with you
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