# Adoption Contract Legalized?



## newenglander (Oct 30, 2017)

I adopted a horse six months ago, there was a written "adoption contract", I paid for the equine in cash, and went our merry way. However, when I moved my horse without notifying the previous owner, they claimed he was still under contract. They were asking around on how to "legalize adoption papers" for horses. If the adoption contract was never notarized or legal in the state of California, what happens if they try to repossess a horse I've owned and paid for for six months, can they even take the horse back? (This is not through an organized rescue group, this was a private sale)


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## LoriF (Apr 3, 2015)

What does it say in the contract? What did you agree to?


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## newenglander (Oct 30, 2017)

ADOPTER INFORMATION
Name "(My name)"
Equine location "(my home address not horse's location)"
City"home address city" state "CA" zip "home address zip"
home phone "My Cell phone number" "my cell phone number"
email "My email"
THIS AGREEMENT is made on this "___" day of "___", 20"17" By and between "My Name", herinafter referred to as the "adopter" and (name of person selling horse). Adopter agrees to pay the adoption fee of $"650".
Adopter understands and agrees that the equine identified in this contract may not be sold, given away, lent, leased, sold for slaughter, removed from Adopter's personal supervision and control or removed from the address described herein, except for emergencies, shows, trail rides and other temporary situations.
Adopter agrees to meet the standards of care for said equine, maintaining good nutritional health, vet care, vaccinations, worming, dental care and hoof care.
Should the Adopter decide that the equine is no longer wanted for any reason, Adopter understands that (Seller name) will take back the equine, no questions asked.
Adopter agrees that (Seller name) may enter the property where the said equine resides during normal business hours and without notice to determine if all conditions of this adoption contract are being complied with completely. Adopter understands that should a violation of any of these terms found in this agreement be found or conditions represent a danger to the health and welfare of the equine, Adopter hereby authorizes (Seller name) to enter the property at any time and without cause or warrant upon the land where said equine resides and take immediate physical possession of said equine without recourse from Adopter.
Adopter further agrees that, Adopter will accept any responsibility for any action or lien resulting from any action, directly or indirectly involving said equine while it is in Adopter's possession and under Adopter's care and control. Therefore, Adopter agrees and understands that (Seller name) will not be liable for any damages or injury caused to Adopter or any third person by the equine once Adopter receives delivery of the equine, including but not limited to damages or injuries caused by the fact that the equine does not behave or perform in the manner Adopter expected. Further, if any third party makes a claim against (seller name) as a result of any conduct of the equine after Adopter has taken possession of the equine, Adopter agrees to indemnify and hold (Seller name) harmless from any such claims, including costs and attorney's fee resulting in such claim.
Adopter may personally return the equine to (Seller name) or Adopter may arrange for their return to (Seller name) if Adopter so desires at anytime during the equines life. In the event of the Adopters death, and if Adopters heirs are unable to maintain the equine, Adopters heirs must also return the equine to (seller name) as provided above.
Adopter agrees never to breed the above-described equine for the duration of the equines life. If the equine is bred, the resulting offspring of the equine automatically becomes the property of the Organization and must be returned to the Organization once it is old enough to be weaned.
Adopter represents that they have read and agree with all statements and agree to be bound by all conditions contained herein and signed by Adopter
"My signature" Date "_____" "seller signature" Date "____"

I inquired about some of these expectations to the seller, who was a friend of mine, and she told me it was standard for adoptions and that I would own him, she also mentioned she wouldn't follow through with these standards. Of course, I understand written overides oral.


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## bsms (Dec 31, 2010)

See if your state or county has a bar association referral service. In the county where I live, I can pay the bar association referral service a $35 fee, which gives me a 30 minute consultation with a lawyer who specializes in the area of law involving my question.

State laws and court cases will determine the validity and enforceability of a contract. IOW, a local lawyer can tell you where you stand, but even a lawyer from a different state cannot give good advice.


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## Chevaux (Jun 27, 2012)

I'm subbing, OP, and hope you will provide us with updates. I must say that's quite the agreement -- I don't think I'll be adopting a horse if those are the stipulations (although I totally get that they are trying to insure the best interests of the horse are met). One thing in the agreement that is lacking, which you have brought to light, is the what if you need to move the horse to a different permanent location scenario.


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## LoriF (Apr 3, 2015)

I suppose that if it did go to court, it might depend on why the horse was moved from your property. Another words, you moving or keeping the horse at another barn facility for training would be different than if you sold it without notifying them. Also, I don't know if you agreeing to them coming on to your property without notice would actually make it legal. Even landlords who own a building are not allowed to enter a tenants personal space without 24 hour notice in most if not all states.


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## Dreamcatcher Arabians (Nov 14, 2010)

Most likely it would not stand up in court. Now you know why you NEVER agree to an 'adoption' vs. a straight sale.


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## boots (Jan 16, 2012)

Hopefully this resolves itself without a legal battle. Hopefully the "rescue" can't afford a legal battle. 

Another sad example of why no one should fall for these "adoption" scams. Goodness, even human adoptions are not as restrictive.


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## k9kenai (Jul 1, 2017)

I would contact an attorney in your area and consult with them. In some states, private "adoptions" that are NOT from state- or county-recognized adoption organizations are just considered private sales. They can call them whatever they want and have you sign "adoption contracts" but in the legal sense they are just a Bill of Sale and the horse is yours to do what you want with as it is now your property, at least in the eyes of the law.

For example, here in the state of NM there are only a handful of state-recognized and legal horse rescue and adoption agencies, as stated on the state's livestock board information site. Any other private organization or individual who attempts to do something like what this "group" is doing to you could actually get into some real trouble with the state. If however, the organization DID have all of the right bells and whistles as a proper rescue organization, even if they weren't listed with the state as a _horse_ rescue but as a general _animal _rescue, this contract _could_ potentially still hold up in court as (depending on the county/city) NM has a decent track record of upholding contracts like this, even from private sellers and organizations. It would really depend on the circumstances of the move, the track record of the "rescue" (if they have a poor track record, do not have good records of adoptions, financial records, a Board of Directors, etc. then the odds are much better for you), and how well the horse has been taken care of by you and that you can _prove_ the horse has been taken care of by you in the time you have had it.

Keep us updated, and I hope it works out for you.


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## horselovinguy (Oct 1, 2013)

I am confused....

The contract states *YOUR* address, not a barn name & address. :-?
It states that you _*may*_ move the horse for temporary situations
_Adopter understands and agrees that the equine identified in this contract may not be sold, given away, lent, leased, sold for slaughter, removed from Adopter's personal supervision and control or removed from the address described herein, except for emergencies, shows, trail rides and other temporary situations.
_It also clearly states that you must maintain the horse...
_Adopter agrees to meet the standards of care for said equine, maintaining good nutritional health, vet care, vaccinations, worming, dental care and hoof care.
_As long as you have not "broke" the standards of care....
So your address is what appears.
Legally, that doesn't name a barn...
I can't see why this "rescue" would take action against you and the horse if you moved the horse to a barn that offers same or better care of the animals... 
Makes no sense except they want to know first so they always have "tabs" on the animal.
Few rescues totally relinquish "ownership" to a adopter...you are a lifetime caregiver but I know where I rescued my dog from I will never "own" her but then again, no matter what happens they will also take her back and provide for her no questions asked technically.

Sounds more to me that the "rescue" wants to take possession of the animal now that it is possibly worth more than they adopted it out for...re-adopt it and pocket more at the expense of you and your heart...
Talk to a lawyer with free-consultation to learn_* your *_rights.
Good luck.
:runninghorse2:...
_jmo.._


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