# Horse Sale Stipulations



## rob0919 (Jul 20, 2012)

Hi. My sister has been riding at a particular barn for close to 10 years, she's been working with one horse in particular. About 4 years ago when she started college the owner of the horse (also the owner of the stable) offered to give the horse to my sister. She was just starting college so she couldn't afford to pay the board. Over the past two summers she's been doing a full lease on the horse and that's worked out ok for her.

Now that she's done with college she asked about taking over the horse (gifting it to my sister). The owner was hesitant but said that she could, however she also said that that horse would need to be boarded at her property for the rest of it's life. Is this something the owner can work into the sale, or once my sister owns it can she do as she wishes with the horse? 

She doesn't want to take the horse and run, but she'd like to know that if she wants to move she can take the horse with her. Thanks in advance for any advice you can give!


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## Roperchick (Feb 1, 2010)

if your sister is the registered owner with a bill of sale then she has control of the horse. the previous owner is just that...previous.

edit: is she wanting to buy the horse? or just be a full leaser and be in charge of riding/care all that?


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## rob0919 (Jul 20, 2012)

Thanks for your quick reply.

That's what I thought, but I wasn't sure if she could add anything like that into the sale.

My sister wants to buy the horse not lease her. The current owner won't let my sister show with this horse under the lease, so she'd like to buy her so that she can.


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## Roperchick (Feb 1, 2010)

yeah then shes in control. the previous owner cant control whether your sister moves the horse or not.


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## Speed Racer (Oct 21, 2009)

So your sister basically wants the owner to turn the horse over to her free and clear? Yeah, that's not likely to happen unless there's an actual document of sale, even if it's only for $1.00.

Unless the current owner is willing to do that, then what she's offering your sister is a free lease and the horse remains where it is.

So no, your sister has no legal rights to take the horse unless she has a written sales contract with no stipulations.


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## rob0919 (Jul 20, 2012)

Thanks, that's awesome to hear, I'll let her know!


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## Roperchick (Feb 1, 2010)

> So your sister basically wants the owner to turn the horse over to her free and clear? Yeah, that's not likely to happen unless there's an actual document of sale, even if it's only for $1.00.
> 
> Unless the current owner is willing to do that, then what she's offering your sister is a free lease and the horse remains where it is.
> 
> So no, your sister has no legal rights to take the horse unless she has a written sales contract with no stipulations.


 
thats what i said... pretty much.....


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## rob0919 (Jul 20, 2012)

Speed Racer said:


> So your sister basically wants the owner to turn the horse over to her free and clear? Yeah, that's not likely to happen unless there's an actual document of sale, even if it's only for $1.00.
> 
> Unless the current owner is willing to do that, then what she's offering your sister is a free lease and the horse remains where it is.
> 
> So no, your sister has no legal rights to take the horse unless she has a written sales contract with no stipulations.


My question wasn't about getting a free horse, it was about whether the previous owner could add anything to the sale that would control what my sister could do with the horse once ownership was transfered.

Thanks for your response!


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## Roperchick (Feb 1, 2010)

sorry to jack your thread but SR- are they allowed to make a stipulation saying the animal you buy has to stay on their property?

ive heard of first option buy back and all but ive never heard of someone being able to say that the horse has to stay on their property? what would you do if you moved?

which is why i said that she should be good if its hers legally...


it would be like saying "oh yeah ill sell you my tractor but you have to keep it here and you can only use it on my property...."

i dont see the sense in it.


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## Saddlebag (Jan 17, 2011)

By trying to stipulate that the horse remain certainly guarantees the boarding fees, no matter how high they go. That wouldn't stand up in court.


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## DimSum (Mar 28, 2012)

Roperchick said:


> sorry to jack your thread but SR- are they allowed to make a stipulation saying the animal you buy has to stay on their property?
> 
> ive heard of first option buy back and all but ive never heard of someone being able to say that the horse has to stay on their property? what would you do if you moved?
> 
> ...


Well, the problem with taking that sale document to court will be the first question you get asked "Did you read, understand and sign the contract?" Hypothetically speaking, the old owner could argue it would be a breech of that sale agreement if the horse is moved and try and repo the horse. Could it be fought in court? Possibly the stipulation would be deemed unenforceablewhat if in future the new owner wanted to sell the horse to someone else who would then want the horse moved. Will it cost lots of money and time if it comes down to a legal fight? Most definitely.

I would advise that she not agree to that stipulation in the sales agreement. She buys the horse, period, no monkey business.

If the old owner balks, then move on and buy a horse that doesn't have any strings attached.


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## WSArabians (Apr 14, 2008)

I always put stipulations on my bills of sale. For my piece of mind. Legally there isn't anything I can do once the horse is sold, but I still do. 
I guess the only thing I really say is that should the horse no longer be cared for or is in a state that the SPCA should or need to step in, I should be called and would take the horse back irregardless of condition, and that I would like to get the first right of refusal should they decide to sell - this way I can at least make sure that there's no auction pen waiting for them. 

But that's mostly hopeful, really. Once the bill of sale is signed, they can do with them what they wish. 
A car dealership can't sell you a car and then tell you have to park it in their parking lot until it's no longer drivable.


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## Tazmanian Devil (Oct 11, 2008)

I agree with the "no monkey business" comment. We can all guess whether or not a contract provision is enforceable. However, the existence of a contract provision that you knew about and agreed to almost certainly points to a legal battle with a judge deciding the outcome.

Even if you end up being allowed to move the horse, there will likely be a financial responsibility.

I may "sell" you a horse for $1.00, but intend on making up for that through boarding fees. In effect, the boarding stipulation becomes a payment plan. 

If you want the ability to move the horse, don't have anything in the sale contract that infringes that ability. A good compromise may be to have a specified time for boarding your horse there - 2 years, 5 years, etc. Along with that you should also have a method of determining how much money is owed if you decide to move your horse early. Sort of like the "early termination fee" in a cell phone contract. This way, both you and the seller know exactly where you stand and there is no need for a court to decide who is right and how much is owed.


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## Joe4d (Sep 1, 2011)

yeh why even agree to something stupid like that to begin with, Sure she can write it in a contract, a seller can write anything they want in, that doesnt mean you agree to it, Pull out your red pen and start drawing lines through stupid crap like that and have them initialed before you sign. Seller doesnt like it go buy another. There are tons out there.


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