Lease Gone Bad? Ownership issues **Warning its long**

This topic contains 7 replies, has 6 voices, and was last updated by NinaJD NinaJD 3 years, 5 months ago.

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  • DocsWinsomCash Original Poster DocsWinsomCash
    Topics Started: 6Replies Posted: 6

    This past June I started leasing a 18 yr old QH mare from a former trainer that was having trouble paying her board for her 3 horses.The mare is older but a blast to ride. Shes great on trails and in the ring. Shes got a been there done that attitude and is a total confidence booster to anyone who rides her. I can’t say enough good things.

    Anyway we never had anything written up but had a verbal agreement. ( I know I should have had something written up but I’ve known her for a while and was comfertable with waiting to write something up) We had a verbal agreement on how much a month plus helping with shoes. Long story short after a trip to a rodeo and a close look at everything I realized I was getting charged extra for alot of things. I decided to terminate the lease and we talked and went our seperate ways.

    A few weeks later I found out through my friend whom also took lessons from her that she found out she was very ill and had some more family issues going on and that she was trying to have them foster one of her horses. They turned to me to ask advice on if they should and if so which horse would be best? (they already keep their two mares at home)

    A few more weeks went by and two of her three horses had found “foster homes” The only one left was the mare I used to ride. My friends agreed to foster her on the terms that they could lease her out. Long story short I began leasing her and am friendly with my old trainer that still techniqually ownes her. Unfortunatly the trainer never drew up an agreement to foster the horse with my friend. It again was a verbal agreement made in a desperate situation becasue she was being kicked out of her barn.

    For the past few months that I’ve been leasing her I have kept a detailed journal of everything I pay for with dates and reciepts. Shoes, vet, tack, smartpaks…ect.

    I frequantly message (she had her phone turned off or its lost) her owner to send her updates and pictures. She has only come out to see her once and responds to my messages everynow and then. I’m not trying to bad mouth her because shes a great trainer. But its seeming like she dumped the horse on us but could come take her back if she so pleased.

    When she came to visit and has even sent me a text about it that she wants to have me “adopt” her mare, which is what I want. I absolutly love this little mare, shes fantastic and we get along great. But she says she wants to wait until janurary till the year starts over and that she has to write the AQHA to get papers to do the transfer of ownership. Which is just sounds a little odd to me. On top of it shes very hard to get ahold of sometimes, taking days to respond or longer. We (the foster family and myself) don’t want to push the issue but we’d rather make things official now so we could avoid any issues that may arrise because of this situation.

    Does anyone have any advice on this situation?

    Riding a horse is not a gentle hobby, to be picked up and laid down like a game of solitaire. It is a grand passion. It seizes a person whole and once it has done so, they will have to accept that their life will be radically changed.

    Topics Started: 0Replies Posted: 1

    You love this mare but you need to lead with your head, not your heart on this. Don’t keep the mare at your place or buy anything for her without a written agreement. Speaking as someone who has been there, done that. Maybe if you stand firm it will light the fire under this trainer and the mare will be yours to adopt. Good luck!

    DocsWinsomCash Original Poster DocsWinsomCash
    Topics Started: 6Replies Posted: 6

    Thank you amy, thats what I’m trying to do. I havent bought much tack besides a new halter ( She reallly needed it) and bell boots. She is at my friends home. She keeps her horses on her property and had agreed to foster her. I’m afraid to stop paying because if I don’t no one else really will pay for her feet, vetting ect. Her owner was waiting 16 weeks or longer to have her feet done. Its basically like I own her now without the paperwork which I’m trying to get done. I’ve offered some money to buy her too but she just says she wants to do it as an adoption.

    Riding a horse is not a gentle hobby, to be picked up and laid down like a game of solitaire. It is a grand passion. It seizes a person whole and once it has done so, they will have to accept that their life will be radically changed.

    Topics Started: 0Replies Posted: 1

    Draw up a purchase and sale agreement or “adopt” agreement in which she sells or transfers ownership to you based on the consideration already paid (you are paying her feed, shoes, vet, etc.) through a certain date. Include her AQHA registration information (#, DOB, description of horse). Include a clause that she will provide you the signed over AQHA papers to transfer ownership of papers on or before January 31, 2015 or whatever date you want. In addition to the document, also have her sign a simple “Bill of Sale” that is an attachment to the document. The Purchase and Sale Agreement should be signed by both parties and the Bill of Sale should be notarized.

    If you need an incentive, include a clause that if the horse becomes ill requiring substantial veterinary care (e.g., over $XXX) prior to the sale/adoption, that it is her responsibility) – although maybe it’s the foster home people’s responsibility? Or basically, just stress to her that if she wants you to be her owner, you need to do it now, so that you can handle her care the best way possible.

    You can get the AQHA transfer form off the web (I just looked it up, it’s a .pdf) and read the AQHA rules about transfer. I don’t think it’s that hard.

    If this scares her off, and she comes and picks up the horse, then you know she’s just been stringing you along, and it’s best to get out of it now before you sink more money and more of your heart into someone else’s horse.

    Good luck!

    Joan Fry
    Topics Started: 11Replies Posted: 324

    I second JDL. I just found out that AQHA has now separated the horse’s papers from the transfer form. Not on the same piece of paper anymore. Download a transfer slip or two. (I’d download two because I know I’ll mess the first one up!) Maybe ask AQHA for the name of the current owner? Just to make sure she IS the registered owner, and there’s no co-owner. I recently finished a year-long skirmish with AQHA because the chain of ownership had been broken, and the woman who had been the previous owner had never joined AQHA. Everybody was very helpful, but I did get some conflicting advice. Just make sure the mare is hers to sell before presenting her with the transfer form. Good luck!

    Joe-Joe Joe-Joe
    Topics Started: 17Replies Posted: 1205

    She can sell you the horse without transferring her registration papers. Get a written contract (you can write your own, it isn’t difficult) and submit it to her. As it now stands, as you have said, she can come and get the horse whenever she chooses, and you and your friends will have spent a lot of money for nothing. I had an informal (verbal) lease for a year, but the people were wonderful, and primarily interested in the well-being of the horse (they have since given him to me, with a written contract). The person with whom you are dealing sounds less than reliable.

    It is never the horse's fault

    Joe-Joe Joe-Joe
    Topics Started: 17Replies Posted: 1205

    Forgot to say – she can sell you the horse for a very minimal amount, such as $1.00, and “other considerations”. That will make the contract legally binding.

    It is never the horse's fault

    NinaJD NinaJD
    Topics Started: 8Replies Posted: 139

    it sounds like she wants to keep her horses, but wants someone else to take care of them for whatever reason.
    I would make her sign some sort of contract that makes her financially responsible, or that gives you ownership of the horse.
    Even if you get the horse, who’s to say you’re going to register her? you don’t have to do anything with AQHA if you don’t want to.
    I would do something asap, sounds like she’s just using you and your friends.

    "Take the time it takes, so that it takes less time."
    "Expect a lot, accept a little, reward often."
    Pat Parelli

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