# Question regarding horse adoption contract



## Cinnys Whinny (Apr 10, 2010)

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 (Mar 12, 2008)

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 (Dec 19, 2008)

.

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:

.


----------



## Cinnys Whinny (Apr 10, 2010)

SouthernTrails said:


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


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 (Dec 19, 2008)

Cinnys Whinny said:


> 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 (Mar 12, 2008)

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 (Nov 23, 2011)

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 (Nov 23, 2011)

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


----------



## AQHSam (Nov 23, 2011)

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 (Nov 14, 2010)

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.


----------



## BarrelracingArabian (Mar 31, 2010)

Not to mention the horse in question ( if it is the one you posted) I don't see being worth that price not being worked in 2 years and being lame id avoid this rescue.


----------



## Saddlebag (Jan 17, 2011)

Many rescues have horses priced under $1000 but above slaughter value. Some are even more interested that the horse get a half decent home without a lot of strings attached. Don't let the idea of rescuing a horse tug at your heart strings. You wouldn't be rescuing if from anything. It's already been rescued so you'd be just a lease. You'd be far better off to get one that includes a bill of sale.


----------



## bsms (Dec 31, 2010)

Many laws in the US depend on what state you live in. Contracts would normally fall under state law, not federal law. Where I live, the county bar association has a lawyer referral program. Give them a call, describe the problem, and they refer you to a lawyer who specializes in that area. The $35 fee for the referral includes 30 minutes with the lawyer...so about 1/4th of what most lawyers charge. It is a reasonably cheap way to get one time legal advice.

Personally, I'd throw the application in the trash and tell the 'rescue' that when I buy a horse, I own a horse. If they are more interested in the horse than in their power, they'll understand.


----------



## Lopin N Paint (May 30, 2012)

Where did they rescue the horse from?

I see so many rescues that say "Rescued from sale, was going to slaughter"
Almost always they "rescued" it for $200 and are "Adopting it" for $2000
I always google registration names. Before I bought my current horse I found out he went through at least two auctions.

IMHO if they purchased the horse from a sale, they did not rescue it... they bought it, just like anyone else.


----------



## Viranh (Apr 7, 2013)

I wanted to adopt a rescue, too, but I refuse to allow the rescue to retain ownership of a horse. So many things can happen if your life that could make it so that you are unable to care for the horse and unable to return to rescue (eg you moved 1000 miles away, and at some later point became unable to afford the horse). I just think those contracts are unreasonable. Some of them don't even allow you to make your own veterinary decisions. Many state the rescue can take the horse for ANY reason. I ended up buying privately. However, if you do want to adopt, there are a few TB adoption assns that give you ownership. New Vocations contract only lasts a year, for example. After the year is up, the horse is yours to sell or do with as you please.


----------



## SouthernTrails (Dec 19, 2008)

.
Out of a dozen Rescues in NE, this is the only one that I could find that published their rules on adopting....

Epona Rescue


> After the initial review is completed, an inspector will be assigned to conduct the on-site inspection of the applicant’s property. The inspector will verify that all the animals on the property are properly cared for, and the property is safe for the equine to be adopted. If the equine will be boarded elsewhere, the inspector will interview the owner of the boarding facility and notify them that the equine will be continue to be owned by the Shelter for the initial 2 years of the Adoption Agreement. If the adopter fails to pay boarding fees, abandons the animal, or otherwise neglects his/her responsibilities with respect to the equine, the Shelter is to be notified immediately.


I will note that almost all of the others I found charged from 50.00 to 250.00 for adopting a rescue, while a few charged more than that is was because they out the Horse thru an extensive training program for riding and ground manners.

Me thinks this Epona Rescue place is wacko with all their rules :wink:

Sure I agree an Initial visit and maybe a follow up visit 3 months later to make sure the new home is good for the Horse, but 2 years of not owning the Horse and the harassment for 2 years????? Sorry, that is a bit much....


.


----------



## Speed Racer (Oct 21, 2009)

Plus, is the rescue expecting the BO to just eat the cost of caring for the animal and give it back if the adoptee abandons it? They want it back, they need to pay the board owed.


----------



## Cinnys Whinny (Apr 10, 2010)

After sleeping on it I've decided that I will NOT sign a contract that says that, espcially after paying 3K for a horse that needs ton of work. 

I'm going to keep looking, and meanwhile Cinny has a bit of recovery and rehab to do and at the end, may stay. We actually had a new diagnosis today, Lyme Disease. If this is the culprit, he will be a completely different horse after treatment so I will wait about 6 months or so and the reassess putting him to pasture and getting a different horse.


----------



## SlideStop (Dec 28, 2011)

You can rescue horses without going to a rescue. Browse craigslist, look at auction houses, Internet forums and local adds. You'll find PLENTY of horses is desperate need of an upgrade!!
_Posted via Mobile Device_


----------



## Mulefeather (Feb 22, 2014)

Good on you for deciding against it. Contracts like that are the major reason why I'm squirrelly about adopting from a rescue. The fact that I can care for an animal and spend all the money I like on it while someone else dictates what I can and can't do with MY property just chaps my hide. 

SouthernTrails, I know that situation well! I remember trying to adopt a dog through rescue organizations, but it's almost as difficult as adopting a CHILD in some ways. I got turned away because I "wasn't old enough" for the dog I wanted - I was 28 and married!


----------



## Saddlebag (Jan 17, 2011)

I've known of rescues (the ones who ask for public funding) who will pick up derelict horses and claim they have rescued the horse from slaughter. Unfortunately, like it or not, some horses need to be there and not rescued by some bleeding heart. Sometimes there's nothing more can be done to help the horse and for the rescue to take it home is and try to rehab it is animal cruelty.


----------



## verona1016 (Jul 3, 2011)

If I were considering adopting a horse I might be OK with one that reserves ownership for up to a couple years. It's the ones that never allow you to own the horse or won't sign over registration papers that they have oh hand that I would steer clear of completely.

As for those that want to place a restriction on breeding, perhaps they should spay all mares that they take in.


----------



## Cinnys Whinny (Apr 10, 2010)

If we do get another horse, depending on what happens with Cin the next 6-12 months I will probably most likely go the route of an OTTB. There are many here in Nebraska. My farrier does rehab on a lot of them and does work for one breeder/trainer. He says they are always looking for homes for the horses that aren't fast enough to go in to the gate or have incurred an injury. This breeder will find a home for a horse for even small injuries instead of rehabbing and putting them back on the track apparently, which is probably a good thing.


----------



## Kheroot (Apr 14, 2014)

I don't think calling it adoption then retaining ownership is actually adoption at all.
If they want to give the horse a new "forever home" then by all means do so, but to try and keep complete, permanent control over it is wrong in my opinion.


----------



## Reno Bay (Jul 8, 2012)

Good on you for deciding against it. I wouldn't touch that with a 50-foot pole.

I adopted my horse. I call the place a rescue because some of the horses they do get come from high-kill situation auctions and such. But they refer to themselves as a "placement" facility.

I just read over their contract again because I got curious about it. They specifically state that ownership is transferred over to the new owner/adopter. They do have the first right of refusal if the horse is no longer wanted. Adopted horses are no longer allowed to race, so entry in any race automatically voids the contract and ownership is resumed by the placement facility (makes sense to me; if a racehorse was retired, it was for a reason).


----------



## Zexious (Aug 2, 2013)

I agree, that you did the right thing for deciding against it. 

As for the legality... So long as it's in the contract, it's legal  To put stipulations on what you can do with the horse after you purchase it is pretty common of Rescue places. In particular, they usually say that you cannot sell the horse and leave it at that.
Though, I have never heard of any contract that states that, after sale, the horse must stay on the property o.o


----------



## Corporal (Jul 29, 2010)

A contract is what is written in it, and yes, you sign and agree to it. I adopted "Buster Brown" bc:
1) QH, brought to the rescue as a foal with his registered dam, but never registered, so he is a Grade horse
2) He has 1/4 inch missing from the top lid of his left eyelid. NOBODY is really going to be interested in buying him.
3) I wanted an extra pleasure horse
4) My husband is an attorney, so if the rescue every tries to pull a fast one, *we will sue for ALL costs of keeping and caring for him.* NO WAY could they reimburse us those costs.
Consider above in bold if you ever have difficulty with a rescue organization. Money talks, BS walks.


----------

