# Contract for horse adoption question



## eah4me (Mar 26, 2010)

Hello,

I have been looking at a horse that is listed as available for adoption through a non-profit rescue organization. I was reviewing the paperwork for the adoption and was dismayed to see a lengthy legal contract basically stating that the rescue organization would maintain the right to take back this horse anytime during the 12 months following adoption and that they would have sole authority to decide if they want to take back the horse. My concern is that it specifically states that there will be no third party involvement and that it is the "sole" right of any representative of the organization to decide that the horse is not being kept within the requirements of the contract and can confiscate it without any need for a court order. I understand their concerns that they do not want any of their rescued horses to end up in homes where they are not being cared for well. I am just worried that by signing this contract I am agreeing to a potentially heartbreaking situation where someone from the organization can decide for any reason to take the horse away from us without any justification. I have no problem with them inspecting, dropping by to visit, interviewing our vet, farrier, trainer, boarding manager etc. We take excellent care of our horses so I'm not worried we will violate any terms of the contract. It's just that it is written such that they could take him away even if we aren't in violation since there is no third party involvement to ensure that any repossession by the organization is actually necessary. Does anybody have any experience with this? I've never adopted from a non-profit before. Maybe this is just standard? I'm wondering if there is a way to re-word the contract so I can feel more comfortable with it. I'm guessing the second I say I'm not comfortable with the contract they are going to send me packing though.  Would like to hear anybody's thoughts on this! Thanks!


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## HombresArablegacy (Oct 12, 2013)

Most reputable rescues have a contract that states in some form that if the horse is not kept to acceptable standards regarding food, farrier, veterinary care and living conditions that they have the option to confiscate the horse. And, that the horse cannot be sold by the adopter. Also, if for whatever ever reason the adopter can no longer care for the horse, it goes back to the rescue. This is to insure that the horse does not end up at auction or in the slaughter pipeline.

What you are saying that about the contract you have reviewed goes much further if you are interpreting it correctly. If you're serious about adopting from them, I would get in writing from them exactly what specific standards they require regarding care of the horse. 

Or, as another option, get approval to foster a horse or 2 for them and that will give you a feel for how they operate. Are they registered as a 501 (c) (3) non profit rescue? Have you researched them online? What kind of feedback have you found/heard about them?
Ask for references from others who have adopted from them; if they have nothing to hide they will be happy to provide the names of successful adopters.
_Posted via Mobile Device_


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## Chasin Ponies (Dec 25, 2013)

The fact is that _no horse rescue wants an adoption to fail_ as they need to move on to more needy horses. But... they do have to make sure that this poor creature doesn't end up needing rescued again. This kind of contract is the norm and many require a pre-inspection of facilities to make sure the adopter has decent living conditions.

If you really feel that they might become petty about taking this horse back, ask for a list of specifics required. This is usually part of the adoption contract anyway. Their concern about making sure this horse is well taken care of shows that their intentions are legitimate. They are not going to want to take this horse back unless things go bad, the more they can successfully adopt out, the more they can save.


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## eah4me (Mar 26, 2010)

Thanks for the replies! It does seem like it is pretty standard for these types of organizations to have a conditional bill of sale like this. Yes, this group is a registered 501 (c) non-profit rescue. The wording is pretty vague as to the conditions that need to be met by the adopter so I think I will just try to get them to be more specific so there isn't any confusion. The contract says things like "The horse shall be kept in suitable stabling" but doesn't have specifics about size of stall, type of fencing, etc. I completely understand them wanting to be sure that any horses they adopt out don't end up needing rescuing again! I welcome the opportunity for them to inspect where we keep our horses, the feed we use, interview our veterinarians etc. I know we will be a great home.  Thanks again!


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## SlideStop (Dec 28, 2011)

I don't like the way that's worded either!! It sounds like they can come take the horse back because they don't like the color of your barn. I could understand if they horse was being neglected or mistreated, but that is not what the contract states. I understand they don't want animals ending up in a bad spot, but sometimes I think they hold the reins a little to tight for my liking. 

Don't forget, you don't have to go to a rescue to "rescue" a horse. There are plenty out there in a tough spot that could use a REAL rescue. To me, animals already in (no kill) shelters are already rescues because they are safe. Just browse Craigslist and you'll find many horses who need an upgrade!
_Posted via Mobile Device_


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## verona1016 (Jul 3, 2011)

It's also quite common for rescues to retain legal ownership of allowed horses indefinitely. This is the only way they can repossess the horse without permission from the courts if it is not being kept properly or prohibit things like future sales or breeding. If the horse is legally yours, you have the right to do with it as you wish.

It sounds like this one might relinquish legal ownership after 12 months which is about as long as I'd be willing to allow. Make sure you read the contract well and fully understand if and when the horse stops being theirs and becomes yours.
_Posted via Mobile Device_


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## Saddlebag (Jan 17, 2011)

These contracts are what turns people away. Altho your heart is in the right place it is much less complicated to buy a horse. How would you feel if you spent a few thousand in lessons and training and the rescue decides to scoop the horse. It has happened and one horse was given to a friend, a supporter, for his daughter. No thanks.


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## Dreamcatcher Arabians (Nov 14, 2010)

First off, it's not a bill of sale. MOST rescues retain ownership of the horse, even though you are "adopting" the horse. They take a horses registration papers away because they don't want the horse bred, some do it so they can't be shown in breed competition, and they all retain the right of inspection and to come take the horse back. 

Check that adoption contract closely and you'll probably find that you will never OWN that horse, can't sell him or give him away. If you decide he doesn't fit, you have to send him back to the rescue who probably won't want to take him back because they're over full anyway.


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## eah4me (Mar 26, 2010)

Dreamcatcher Arabians said:


> First off, it's not a bill of sale. MOST rescues retain ownership of the horse, even though you are "adopting" the horse. They take a horses registration papers away because they don't want the horse bred, some do it so they can't be shown in breed competition, and they all retain the right of inspection and to come take the horse back.
> 
> Check that adoption contract closely and you'll probably find that you will never OWN that horse, can't sell him or give him away. If you decide he doesn't fit, you have to send him back to the rescue who probably won't want to take him back because they're over full anyway.


In this case it is a "conditional bill of sale", so like somebody else stated, I don't legally own him for the first 12 months. Then he is legally mine. I clarified this with the head of the non-profit because I too was concerned about whether this horse would ever really be mine! She seemed very reasonable and said that the only part of the contract that follows the horse "for life" is the right of first refusal. I don't have a problem agreeing to offer him to their agency first if I decide not to keep him. I thought that was fair. This has been a really tough decision. The owner of the non-profit seems quite reasonable but the woman who has been fostering him is really intense and totally unreasonable. She keeps asking about things that she doesn't even provide for him now...supplements, brands of bedding, fencing...when she allows him to run in a barbed wire pasture where three of her horses including this one have gotten injured. It's just really frustrating. I think I might just have to walk away but I really like him! So hard to decide. Thanks for all the feedback. It's given me a lot to think about!!


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## SlideStop (Dec 28, 2011)

Does the wacky lady have any relationship (friend, family) with the rescue owner?
_Posted via Mobile Device_


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## TessaMay (Jul 26, 2013)

It sounds like a pretty typical contract to me. The rescue probably made it vague on purpose so that they can more easily take a horse out of a situation they don't deem acceptable. As others have said, get clear, written requirements from the rescue on what is and is not considered acceptable care. Also, do your research on the rescue. Are there lots of complaints about them? Any other red flags? Look into it. 

If the foster mom is not part of the rescue board, don't worry too much about her opinions. She has become attached to the horse, but it's the rescue who makes the decisions on who is eligible to get the horse. I would be meeting with people from the board rather than the foster mom. 

As others said, no rescue wants an adoption to fail, that's not how they work.


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## stevenson (Sep 12, 2011)

i would make it clear in the contract that the foster not to contact you . I would have it spelled out in the contract what supplements are recommended, what supplements the horse is currently receiving etc. It sounds like the foster wants to keep the horse, but not pay to adopt it.


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## Dreamcatcher Arabians (Nov 14, 2010)

I would walk away because of the foster mom's unreasonableness. Is that a word? Well, I guess I just made it up if it isn't. I am not a rescue organization fan, so I wouldn't get involved in the first place, so take it for what it is worth, but that foster would have run me off real quick. I don't need wack jobs showing up at my house for any reason and horse wack jobs seem to have a real problem letting go of control.


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## Saddlebag (Jan 17, 2011)

Amen to that.


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## ChitChatChet (Sep 9, 2013)

verona1016 said:


> It's also quite common for rescues to retain legal ownership of allowed horses indefinitely. This is the only way they can repossess the horse without permission from the courts if it is not being kept properly or prohibit things like future sales or breeding. If the horse is legally yours, you have the right to do with it as you wish.
> 
> It sounds like this one might relinquish legal ownership after 12 months which is about as long as I'd be willing to allow. Make sure you read the contract well and fully understand if and when the horse stops being theirs and becomes yours.
> _Posted via Mobile Device_


How does that work with brand inspections?


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## natisha (Jan 11, 2011)

Tell the rescue that the foster person is giving you are hard time. They don't want to lose a potential good home. But then again fosters may be hard to fond if they allow barbed wire.

If you really like the horse you could try to ignore the foster's words & just nod a lot.


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## Saddlebag (Jan 17, 2011)

It's not of the foster's business. Any arrangements are strictly between you and the rescue. A suitable shelter - one that shelters the animal from inclement weather if it choses to use it.


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## natisha (Jan 11, 2011)

natisha said:


> Tell the rescue that the foster person is giving you are hard time. They don't want to lose a potential good home. But then again fosters may be hard to fond if they allow barbed wire.
> 
> If you really like the horse you could try to ignore the foster's words & just nod a lot.


I must have forgotten how to spell when I wrote that.


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## stevenson (Sep 12, 2011)

Chit Chat.. most rescues do not allow the horses to be moved from the area that they were adopted.
If you went through a brand inspection, and had a horse that met the description of a stolen horse, my guess would be that the horse would be confiscated, regardless if it was 'adopted' and you had a copy of the contract with you. 
It would work the same way it would work with a grade horse.


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## ChitChatChet (Sep 9, 2013)

stevenson said:


> Chit Chat.. most rescues do not allow the horses to be moved from the area that they were adopted.
> If you went through a brand inspection, and had a horse that met the description of a stolen horse, my guess would be that the horse would be confiscated, regardless if it was 'adopted' and you had a copy of the contract with you.
> It would work the same way it would work with a grade horse.


Ug That wouldn't work. We live right in between 2 states.


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