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Issues With a Lease Contract
In january 2010 i came across my current horse "Jett" on dreamhorse.com where he was for sale or lease. When i arrived at the farm i found a hairy underweight draft cross that hardly looked like any of the picture i had seen. He hadnt been ridden for nearly a year, during that time he was either in a stall or in a 20x20 dry lot. He had NO muscle mass left on him. His feet were over grown and his teeth hadnt been done in over 4 years. He was generally in poor condition. I got on him for no more that 15 minutes. He was perfect, the worst thing he did was sorta jump into his canter. I figured anything that kind deserved to at least be given a chance, so i took him home with me that afternoon.
Because his owner had to have him out of the stable asap (she owed months of backboard and the farm manager was threatening to send him to auction) i left the farm without a contract, because she hadnt prepared one. Plans were made to mail a contract. It is now the 26th of june (almost 5 full months later) i still have not recived a contract. Also i have barely heard anything from his owner. When she does send me something, its an email (ive gotten 2 in 5mo) asking when im showing next. I'll reply... Nothing back, i'll ask about the contract... Still no reply.
I love this horse beyond belief, and i would like to become his true owner. Legally is there any way i can do this? Because he has been neglected before, hes been in my care for months w/o a contract and the owner has not made effort to send a contract. Please help.
Posted via Mobile Device
With no contract, and the horse in your possession, I'd say that legally it wouldn't be difficult to prove that he's "your" horse. For one thing, I doubt she wants him back from the sounds of it. What were the terms of the contract as you discussed it? Have you asked the owner if you can have him? She might just say yes. You might have better luck on the legal questions section on this message board, but I think you are in a good position to get this horse for your own...I just don't know exactly how you'd go about that.
I dont think she can afford to take him back. I would be completely fine if she just "fell off the planet" so to say andi never heard from her again. My lease expires in january, or so this non existant contract was supposed to say. So i'm lucky enough to have a little time on my side to figure things out. In january (that is if i am actually able to contact her) im hoping to change his ownership to my name.
Posted via Mobile Device
I would definitely try to work out a solution with her first before you start trying to "take" him. Even if the lease was verbal, it was still a LEASE, not a sale. Hopefully she will just let you have him, either free or for super cheap, since she was in such a fix when you took him over, but if she decided to be nasty about it, she does still technically own him and could show up today and take him back since you don't have a written contract. I would be super careful approaching this if I were you. It would be different if it were an abandonment case, but she only agreed to a lease, and could claim that she was letting you lease him in good faith without checking up on you every other day, so she still in in legal standing.
Do you know where she lives?
You might as well just write up a bill of sale at this point.
Drive by her house with the bill of sale and ask her sign it.
If you do not want to go that route
Write up a contract and send it to her registered mail with the return paid and simply ask her to sign it and send it back.
already did that, sent 2 signed copies, one for her and one to send back. she lives about 2 hours away and she totaled her sedan and she doesnt even have the finances to replace it because she didnt have insurance on it in the first place. so we made it as easy (and cheap) as possible for her to get the contract back to us. i still do not have a contract from her. what i do have is his entire record of sales since 2004 when he was rescued from a case of severve malnutrition and abuse, all of his med records since then, ect. she gave me the "only copy she had of these becasue she hadn't prepared a copy to send with us". thats about all i have to work from... that and professional opions that will vouch for the fact that he was not properly cared for before comming into my possesion.
Don't know if this will make a difference in anybody's opinion, but the origional ad said for sale or lease.
The horse is still hers since you leased it from her, but if she was willing to sell it in january, and really has shown little interest in making a contract or effort about contacting you, I think she would be more than willing to sell the horse. Maybe try and offer some money for him, and that may make the sale a little more enticing for her, since it seems she is in no financial shape to provide for a horse.
The ad said for free lease or sale because she was extremely desprate to find him a new home before the barn manager repossesed him for back-board and sent him to slaughter to pay back her debt. The last thing i want her to do is panic and try to take him back which is why i want a realy contract/record of sales... Not like she'd have the means/finances to do so, i still dont want her to even try.
Posted via Mobile Device
What state do you live in?
Also since you have contacted the owner, and she has no reply back, you should have the grounds to legally posses the horse.
Since you have been paying all his fees, lease or no lease. At this moment in time it is he say she say really. Lease or not.
I suggest you contact a horse attorney who knows more.
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