# Do I have any other options?



## MyBoyFortune (Aug 1, 2013)

Okay so first I want to apologize about my title, it's not very descriptive but... This is rather complicated....

A year ago, me and my father were on our way to a farm about an hour away to discuss the leasing options there with the barn owner. However, halfway there, she called my dad's cell and he put it on speaker and she basically said, "I have a boarder here who wants to get rid of her horse, and your daughter sounds experienced enough, so I thought you could come look at him."

Well, my dad didn't want to put me down, after letting me hear that on speaker phone, and he agreed. A few hours later, I had a new horse (Fortune) for the price of one dollar (which we didn't really have to pay.) The only conditions for the "transaction" were, 1.) we call the original owner first if ever we wanted to sell the horse and 2.) we keep the horse boarded in the same place.

Now, I know a lot of people who have bought horses without any kind of outside help, and how it goes downhill quickly, but this was actually legit. I was told that Fortune was an all-around easy keeper, and he is, by far. He lives outside and is a happy, healthy liver chestnut gelding. The farm he lives at is 400 acres, and absolutely beautiful. I have a trainer that works with me every Sunday with Fortune, and this past year he's just gotten better and better (incidentally, the trainer is Bob Ciri, if anyone's heard of him...)

But the "problem" is the hour-long drive out to see him. 

I ride at another barn too, a lesson/boarding barn, but it's not nearly as nice as the one my horse is at. However, I've ridden there for 10 years now, and I love it and the horses and the people there, and if Fortune was there - a mere 6 miles away - I could ride my bike to see him every day. The BO at the closer barn is also my boss, as I work there, and we've got a really good relationship (she's known me since I was 8) and she has asked about me bringing my horse there. 

Still, that leaves the problem of the conditions on which we bought Fortune, and I'm not even sure if it would be legal at this point to move Fortune.... However, I thought it couldn't hurt to ask someone's advice, and I've always enjoyed referring the The Horse Forum so.... If anyone has any kind of advice, I'd really appreciate it! Sorry for the long post and thanks!


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## TessaMay (Jul 26, 2013)

Did you get any kind of bill of sale or written agreement that you had to keep him at the barn or was it all verbal?


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## cakemom (Jul 4, 2010)

If he belongs to you and there was no clause about where he lives in that contract move him.
_Posted via Mobile Device_


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## MyBoyFortune (Aug 1, 2013)

I don't think it was written down, but I was with the previous owner and Fortune a good majority of that day, so I'd have to check if the BO did write it down in the contract.


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## alexischristina (Jun 30, 2009)

So you do have a contract? 

Do you have anything that says YOU bought the horse and that the horse is now legally yours? If you do, then you can move him. If there is any contract that says 'the horse is yours but you have to keep him here' then, IMO, it is not a purchase so much as it is a full care lease.

On another note, considering the horse is an hour away and you have to keep him there (because the previous owner wants to be able to check in, perhaps?) how do you know you aren't paying for all the care / training and the previous owner isn't still riding the horse?


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## MyBoyFortune (Aug 1, 2013)

The reason the previous owner wanted to get rid of him in the first place is because she was in the middle of a move out to Alabama, and I figure if she was coming out to ride him she would be leaving some kind of sign of it in the tack box, with things moved around in different places than I'd left them, which I haven't noticed.... Also, the previous owner had been close to taking her horse to a nearby lesson barn, which was why the BO called us at all.


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## MyBoyFortune (Aug 1, 2013)

I think it was more the BO's idea than the previous owners to have the second condition. The previous owner simply expressed a desire to know that the horse would be in good hands, wherever he was.


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## MyBoyFortune (Aug 1, 2013)

Oh and yes we have both a contract for the boarding and the purchase


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## alexischristina (Jun 30, 2009)

So what does the contract say EXACTLY, does it state the specific conditions? And does it tell you what happens if you move the horse? Is it a legal contract or something one of you wrote up on the fly?

Maybe you can quote the specific lines for us, that state the conditions of the purchase. 

And you never know, people are quite sneaky and good at putting things back a certain way, making it look like they were never actually there.


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## MyBoyFortune (Aug 1, 2013)

Okay, we have looked over the papers and yes, it is written down. It says the buyer must keep the horse at the farm it was at before the purchase....
So is that all she wrote? Are there no other options?


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## Shoebox (Apr 18, 2012)

I bought Clem for the price we got her at with the condition we keep her at the stable.

Two months later I wanted to move her closer to school, so I asked and he said yes. That's about the option here -just ask, explain you options. If you're told no... Well, it's in the contract that you signed, so really unless you sell the horse/buy a new one you might be out of luck

Otherwise ask for a time limit. Keep it there FOREVER? Or just a year? Or how long? I'd sit down with the BO and talk about it.


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## alexischristina (Jun 30, 2009)

That's like buying a car and saying 'well you can have this car, but you have to keep it at the lot...' 

You said it was the BO's idea to add that in, yes? Skip the BO and go straight to the (previous) owner, write up a new contract and talk to the owner about moving to a different barn. The BO has no say, and who knows the whole thing could be resolved quickly and easily.

If that doesn't work then I think you'll need to consult a lawyer, not the HF. 

Do you know WHY the BO wanted to keep the horse there?


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## MyBoyFortune (Aug 1, 2013)

She claimed it was because she didn't want to lose the income from Fortune; she said something along the lines of, "Even one horse and boarder can make a difference."

If calling the previous owner and talking to her doesn't help, I suppose we could definitely have a talk with the BO about what the contract means exactly (how long we have to stay there and all that)... But we'll see where all this gets us, it might be a few days before we can really do anything, we're pretty busy and money's tight, but anyway....
Thank you all very much for your help, I didn't really know where to start with this, as I didn't think I'd ever want to move him.... It's good to know my choices. So thanks again!


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## alexischristina (Jun 30, 2009)

That's a load of crap.

I'm sorry, but any BO who is going to lock you into a long term contract after buying a horse that _doesn't belong to them_ immediately loses all credibility in my book. So this is all ONE contract, not multiple contracts?

I, personally, don't think the BO's contract would stand up in court. If it were me I would pay my 30 days in advance and then pick up and leave. It would cost the BO an arm and a leg to come after you for it, and then I doubt they would win in the end. HOWEVER, don't take that advice from me and get yourself in trouble :lol: seriously just call someone who can help you with legal advice and go from there.


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## GottaQH (Jul 15, 2013)

alexischristina said:


> That's like buying a car and saying 'well you can have this car, but you have to keep it at the lot...'
> 
> You said it was the BO's idea to add that in, yes? Skip the BO and go straight to the (previous) owner, write up a new contract and talk to the owner about moving to a different barn. The BO has no say, and who knows the whole thing could be resolved quickly and easily.
> 
> ...


 
Money.


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## Shropshirerosie (Jan 24, 2012)

A sale document can't enforce a future never ending boarding agreement, that's just nonsense. We cannot give you proper advice without seeing all the documentation, but unless there is a particularly clever contract drawn up between you and the BO, committing to long term boarding, and enforceable by lien on the horse (sounds ridiculous by the way), then of course the BO can't make you stay.

The amount of money you are no doubt spending on fuel to drive all this way, save some of it by going to see a local lawyer with your contract documents. He will tell you that the 'never ending residency' clause is a load of baloney.


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## MyBoyFortune (Aug 1, 2013)

There are two contracts, one for board and one for the purchase of the horse.... The conditions are written on the contract for the purchase.

You guys are giving me hope  it would feel a lot better if he was closer to home and I've always thought that was just out of the question.

If we can keep this from going to a lawyer I think it would be nice but if worse comes to worse I think I'd rather that than be stuck in this position, not knowing what's *really* going on up there....

Never really given it much thought but there have been a handful of little incidents out there with the BO, and I know that a fair number of her boarders don't really like her that much.... That doesn't mean that she's not an efficient BO, I mean she owns 400 acres. But she does know that me and my father are first time horse owners and I wouldn't put it past her to use that to her advantage, at least by trying to keep us there.


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## Speed Racer (Oct 21, 2009)

Nobody can put that kind of clause in a SALE contract. She's a greedy, grasping piece of work who took full advantage of newbie horse owners. 

If it were me, I'd make arrangements to move the horse, give the current BO 30 days notice, pay her a month's board, and move the horse that same day. Nobody can legally MAKE you stay in a boarding arrangement forever.


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## franknbeans (Jun 7, 2007)

I am with you SR. Don't ask permission, ask forgiveness. Notice and move all well coordinated at the same time. Get your friends at the barn close to you to help you move the horse. I would take all of my stuff out one day.....say you are cleaning it, or whatever. Come back another day, with a trailer-pay the 30 days and take your horse. JMHO. Sure hope it loads easily. 

I also think this greedy money grabbing piece of work is most likely using the horse as a lesson horse. Meaning it makes even MORE $$ for her. Grrrr.:evil:


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## Shropshirerosie (Jan 24, 2012)

A boarding contract can't hold you to permanent residency, that's unenforceable.

I think you should follow the other's advice re. One month's notice and departure on the same day.

I could be charitable and say that your BO may believe that the permanent boarding contract is valid. In which case she will put up an aggrieved and emotional fight when you depart.

Or she knows that it is invalid and she puts up an angry and aggressive fight when you move. Either way, it might be tricky.

I highly recommend two things:

1 go get legal advice on both these bits of paper so that when you move you KNOW you are in the right and do not begin to feel undermined or swayed by the force of her arguments.

2 sell your horse to a friend for one dollar, thus terminating the nonsense-permanent boarding contract that you/your parents signed.

Obviously, buy the horse back when you have moved.

Your BO sounds clever, and capable. Don't attempt this without getting all bases covered regarding getting your horse out before she locks the gates.


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## MyBoyFortune (Aug 1, 2013)

Thank you all very much for your help!

Yeah, now I'm definitely not about to leave Fortune up there. The first day we went up there, we were told he hadn't been used for 6 months but he went beautifully, as if he'd been worked the week before or something.... I know some horses are just like this but I'm not sure if I've had him long enough to know 100% what he's like in that respect.

My boss is being really helpful about this too, she used to be a lawyer herself and suggested that I bring the contracts to show her, and if she can find a way around the "conditions" then we'll go for it. We'll probably end up doing what is suggested above. Lucky for me my dad has a truck and my boss has a trailer she's willing to lend us.

Fortune is really level-headed the majority of the time, not at all spooky or anything like that, so the getting him loaded shouldn't be an issue, but again, I don't know him in that respect.

I am confused about one thing.... If I give 30 days notice, doesn't that mean he has to stay up there for the 30 days? Or does it not matter if we pay that same day?


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## MyBoyFortune (Aug 1, 2013)

And yes she is definitely a smart woman. That's not going to help in this case, but maybe if we just tell her the gas money is just too much, or something along those lines.... It's not a lie, and it may placate her a little. She's a very Type A kind of person, so she's in general kind of difficult to work with. But we're going to figure something out.


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## Speed Racer (Oct 21, 2009)

MyBoyFortune said:


> I am confused about one thing.... If I give 30 days notice, doesn't that mean he has to stay up there for the 30 days? Or does it not matter if we pay that same day?


No ma'am, giving 30 days notice just means you're giving the BO a _paid_ 30 days to find another horse to fill the stall. You're not required to keep your horse there. You can move at any time.

You don't have to give her _any_ reasons for why you're moving. This is a _business_ arrangement, not a personal relationship. Besides, she's already proven she's not trustworthy by trying to hold you to an unenforceable contract by virtue of your naivety concerning how the horse world works.


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## Golden Horse (Feb 20, 2010)

The 30 day notice is to allow the BO to rent your space to someone else. This is all about protecting the BO income, so if you give your 30 day notice, and pay for the 30 days you have put her in a good place if you move out the same day.

It means that you end up paying double board for the month, but it may be worth it.


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## MyBoyFortune (Aug 1, 2013)

Alright then, that sounds like a good deal.... It'll be a lot nicer to have him closer to home, and with a BO and other people I can actually trust.... And now I know a bit more about owning and boarding, which is always a good thing.

Well, we've got a lot to sort out still but now we know better how to go about it! My boss and I are going to look over/discuss the contracts tomorrow and then we can give the previous owner a call and talk with her about it.... The biggest issue will be dealing with the current BO but from what I gather there's really nothing she can do about it if it's not her horse....

I really appreciate all the help, everyone, it's going to be a dream come true to have him so close to home!


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## Speed Racer (Oct 21, 2009)

Before I brought my boys home I boarded, and I agree it's nice to have them closer.


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## TessaMay (Jul 26, 2013)

Sounds like you got a lot of good advice here and are all set to follow it. I really hope everything works out well for you. At least it sounds like the old owner will be fine with you taking your horse somewhere else, which is the most important. With the old owner's backing, there's absolutely nothing the BO can legally do. But if I were you, I would definitely make sure that you give notice the same day you are moving your horse to make sure that the BO doesn't try something really underhanded. 

Good luck!


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## natisha (Jan 11, 2011)

MyBoyFortune said:


> Okay, we have looked over the papers and yes, it is written down. It says the buyer must keep the horse at the farm it was at before the purchase....
> So is that all she wrote? Are there no other options?


What if the barn was sold or burned down or the level of care changed or you moved or any other number of things that happen in life? 
I've never heard of such an agreement for a purchase, regardless of price.


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## stevenson (Sep 12, 2011)

Since your boss was an attorney have that person look at all the contracts. Use that persons advice. If you move, Do it all, tack horse etc all in one day. She may try to sue you. Get receipts for all board payments. If she persist, then tell her she can purchase the horse for $5000.00 and keep him there all she wants and she is to never resell him . of course this is ridiculous but so is she. The contract you have has no time limit and it depends on the state you are in , if it can be enforced. also , is your dads name on the contract or is it your name? if it is your name only, and being a minor that is illegal.


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## MyBoyFortune (Aug 1, 2013)

It's my dad's name on the contract. I did recently turn 18 however 

I spoke with my boss and she says that while the contract states the owner must board at the current place, it doesn't say for how long, and it doesn't say we have to stay *forever*. Either way, just like many of you have said, she says that isn't something that would hold up in court. So, she's in the same mindset as many of you: 30 days notice and pay, then leave same day, horse and all. 

Still gotta wait - unfortunately - for Sept. when a stall will be open at the closer barn, but now we know what to do and very soon my boy will be home 

I've said it already but I'll say it again - thanks everyone for all the advice


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