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Cinnys Whinny 04-24-2014 10:49 PM

Question regarding horse adoption contract
 
I'm thinking of adopting a horse from a local rescue/sanctuary. Today I was filling out the application/contract and I have a couple of questions maybe you guys can help.

First, at the top of the application it says "Note: Adopted and foster horses remain the property of "name of organization."

Can they do this? Can they charge you a 2k or 3k adoption fee and then still the horse is theirs? She said nothing about this when I was looking at horses.j

Also, on the last page it says I understand that if I Adopt/foster a horse from "organization" I I may never race sell, lease, give away, the equine I adopt of foster. There is also a clause that says you can not breed the horse.

I'm just wondering how legal this is. Not that I want to breed, sell, race, etc. I was made to understand that the horse's breed association registration would be transferred to me, and I am paying near market price for the horse. I thought once I paid adoption fee, took possession and had transfer papers the horse is mine. Can they really come after me if I lease him to someone or sell him later on down the line?

NorthernMama 04-24-2014 10:56 PM

This is typical of a lot of adoption places. That's why I never could make a deal with one. If I buy the horse, feed it, care for it, train it, work with it... that horse is MINE and I don't want anyone else trying to lay claim.

I would steer clear.

SouthernTrails 04-24-2014 10:58 PM

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Does the contract say anywhere else that after a certain time the Horse become yours?

As far as Legal, if it is in the Contract it is Legal, but if that was in the Contract, I would tell them to take a hike.....

I was looking at adopting a dog last year and some of the rescue place had more insane stuff than that in it, like they could visit at anytime and take the dog back if they wanted to, I threw several application in the trash.

Found my perfect puppy dog on Craigslist :wink:

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Cinnys Whinny 04-24-2014 11:04 PM

Quote:

Originally Posted by SouthernTrails (Post 5251162)
.

Does the contract say anywhere else that after a certain time the Horse become yours?

As far as Legal, if it is in the Contract it is Legal, but if that was in the Contract, I would tell them to take a hike.....

I was looking at adopting a dog last year and some of the rescue place had more insane stuff than that in it, like they could visit at anytime and take the dog back if they wanted to, I threw several application in the trash.

Found my perfect puppy dog on Craigslist :wink:

.

I'm not sure if it's a contract or what. It doesn't say it's a contract, it says it's an application for adoption or foster. It does not say anywhere that the horse becomes yours. There is also no place that they sign and I thought in a contract that both parties sign it. I am in Nebraska by the way in case that makes a difference.

SouthernTrails 04-24-2014 11:14 PM

Quote:

Originally Posted by Cinnys Whinny (Post 5251210)
I'm not sure if it's a contract or what. It doesn't say it's a contract, it says it's an application for adoption or foster. It does not say anywhere that the horse becomes yours. There is also no place that they sign and I thought in a contract that both parties sign it. I am in Nebraska by the way in case that makes a difference.

Hmm..... call and ask what the Bill of Sale will say.

If it or any document says the Horse is never yours, then look for other sources.

Of course Horse are higher priced right now because it is becoming riding season, but even now you can find some very nice Horse around here for 3k.

Personally I would never take a chance that a Horse is not yours after you pay money for it, unless it is a lease :wink:

.

NorthernMama 04-24-2014 11:14 PM

To me, whether or not it is a legal contract is not the deciding factor. That they are trying to impose their views, rights, ownership etc. after you pay for the horse is just wrong and they can make your life miserable and expensive just finding out what legal rights you or they have.

I suppose, if you are dead set on that one particular horse, you could go to your own lawyer with the docs and see what (s)he says. Then draw up your own contract and take it back to the adoption barn and see if they'll sign it.

AQHSam 04-25-2014 01:17 AM

It is true. You are adopting to care through death or return the horse with no financial compensation. I have seen several posts on Facebook where several adopt groups are actively looking for a stolen horse - their word - because the adopter sold the horse or gave it away.

AQHSam 04-25-2014 01:19 AM

Wasn't there a woman on here not long ago frantically searching for a rescue horse that was sold?

AQHSam 04-25-2014 01:24 AM

Here is a recent one. Texas, USA - Honey, 16.2hh approx, Belgian mare

Go to our stolen horses forum and you will find this post and similar ones. If the pet adoption app says no sell no trade they mean it. Best to find a private sale.

If life happens 5 yrs from now and you cannot keep the horse, you must give it back (surrender) without fair market value. You are leasing a horse and assuming all financial burden, not purchasing.

Dreamcatcher Arabians 04-25-2014 01:33 AM

This is exactly why I will not deal with a rescue. You never own the horse, you may spend all you like on it but a lot also will not allow you to even show the horse. They'll promise you the registration papers but I will just about bet the farm that they don't have them. When horses are seized or given to rescues papers almost never come with them or if they do, the rescue throws them away and strips the horse of their papers (especially mares) so the won't be bred. A local rescue promised a gal the papers to the horse she adopted and when they weren't forthcoming, she tried to get them through the registry. When the rescue found out that she wanted the papers so she could show the horse, they came and took the horse back. The kid was devastated.

Go to a reputable breeder, trainer or seller and buy privately so that you will own the horse, be able to do whatever you want and won't always have to look over your shoulder for fear they are coming to take your horse away from you.


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