# Horse boarding contract breech



## DisneyCowgirl1901 (Sep 3, 2009)

How do you enforce the laws about a breech of contract at a boarding facility? The contract states that if they don't pay, the manager could then take the horse as collateral. The manager could then sell the horse to make up for lost pay.

Now what happened to me was I was going to buy a horse that was taken as collateral. Early morning before I signed the paperwork, the old owners "stole" her off the property... the worst part is they stole her just to give her to animal control. I was wondering if there was anything I could do??? The boarding facility isn't going to pursue it because they don't want the horses back on the property.


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## ilovestitch (Dec 22, 2006)

yikes! im going to go with theres nothing you can do other then go to animal control and tell them you want the horse and see what they say


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## sillybunny11486 (Oct 2, 2009)

there is nothing you can due. personally i would never buy a horse in that suituation, you can be taking on liability.


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## DisneyCowgirl1901 (Sep 3, 2009)

thanks. That's what I figured but I had to ask


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## Speed Racer (Oct 21, 2009)

Legally, you couldn't have bought the horse off the BO anyway.

In order to sell a horse that has been seized for back board, the stable owner is required _by law_ to sell the horse at auction.

So the fact that the BO was willing to sell you an animal they should have known couldn't be sold in that way, tells me they're either ignorant of the law, or just as dishonest as the boarder who didn't pay.

You can contact the shelter and profess an interest in the horse, but you have no legal recourse.


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## farmpony84 (Apr 21, 2008)

Contact animal control. You may be able to work a deal if in fact the owner turned the horse over.


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## shortbusgeek (Oct 23, 2009)

Speed Racer said:


> Legally, you couldn't have bought the horse off the BO anyway.
> 
> In order to sell a horse that has been seized for back board, the stable owner is required _by law_ to sell the horse at auction.
> 
> ...


I don't know about California specifically, but for Georgia that's incorrect. The horse can be sold any way that the barn owner sees fit. Whether it's a private sale or at auction doesn't matter. They don't even have to advertise it... they could sell it to another of their boarders. Or the owner can keep the horse for themselves if they so choose.

Disney - if I were in your shoes, I'd contact animal control. Chances are they don't know what to do with the horse and would be more than happy to turn it over to someone that wants it. That's one less animal they have to deal with.


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## sillybunny11486 (Oct 2, 2009)

you dont have to sell anything at auction, but you do have to let the owner know so they get a chance to pay the debt. its like exactly like taking an attached asset because a debt wanst paid. ie home forclosure. they dont have to sell via an auction, but they do have to give notice to the owners, and sell it a fair price, and give additional processed, above the debt, to the owner.


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## DisneyCowgirl1901 (Sep 3, 2009)

Here, as long as the BO sends notice to the horse owners, they can sell them anyway they choose.

Thank you all so much, unfortunately by the time I figured out which animal control they took her to, she was already adopted. But at least I know she's in a good home and not alone in a shelter somewhere.


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## justsambam08 (Sep 26, 2009)

aww thats too bad! I should probably look up the laws for Florida....but I know in my specific contract it simply states that the BO has the right to keep the horse and bar it from removal from the property till the outstanding board is paid


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## themacpack (Jul 16, 2009)

Legally, you have no standing in this matter. The only person with any place to pursue anything is the BO. Since he/she is willing to let it go, you will have to as well. The only option you have is to seek the horse via AC at this point.


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## Speed Racer (Oct 21, 2009)

I think for those of you who don't agree with me, you need to look up your state statutes.

What I'm talking about is known as an Agister's Lien, and how it applies to horses. 

Under the Agister Lien laws, if a horse is seized for back board the animal HAS to be sold at a public sale, which generally means an auction. 

If the animal is sold privately, it's not a legal sale. Whether or not you want to believe that is immaterial. It's how Agister's Liens work.


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## mls (Nov 28, 2006)

Speed Racer said:


> I think for those of you who don't agree with me, you need to look up your state statutes.
> 
> What I'm talking about is known as an Agister's Lien, and how it applies to horses.
> 
> ...


 
Correct. In Minnesota - it's called a sheriffs auction. Notice has to be published in the paper X number of times prior to the "auction" date. Auctions can take place at the court house or place of business.


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## shortbusgeek (Oct 23, 2009)

Speed Racer said:


> I think for those of you who don't agree with me, you need to look up your state statutes.
> 
> What I'm talking about is known as an Agister's Lien, and how it applies to horses.
> 
> ...


You are correct in that people need to look up their state's statutes. Every state is different. For example, Georgia's is below. Notice how it says 'the term "dispose of" means selling the animal or pet at *public or private sale*, giving the animal or pet away, or turning the animal or pet over to any humane society or animal shelter or other such facility'...

§ 44-14-491. Notice to owner; sale or disposal of animal; liability 


(a)(1) If the charges due for any services enumerated in Code Section 44-14-490 are not paid within ten days after the demand therefor on the owner of the animal or pet or if the animal or pet is not picked up within ten days after the demand therefor on the owner of the animal or pet, which demand shall be made in person or by registered or certified mail or statutory overnight delivery with return receipt requested and addressed to the owner at the address given when the animal or pet was delivered, the animal or pet shall be deemed to be abandoned and the licensed veterinarian or operator of a facility is authorized to dispose of the animal or pet in such manner as such veterinarian or operator shall determine. Such ten-day period will begin to run on the date the demand is postmarked or the date the verbal command is communicated in person and shall be noted on the veterinarian's or operator's file on the animal or pet. For purposes of this subsection, the term "dispose of" means selling the animal or pet at public or private sale, giving the animal or pet away, or turning the animal or pet over to any humane society or animal shelter or other such facility. Where no such shelter facility exists within a 50 mile radius of the veterinarian or operator of a facility's place of business and the veterinarian or operator has been unable to sell or give the animal away, then the veterinarian or operator is authorized to euthanize the animal in a humane manner.

(2) On the day of the disposal of the animal or pet, the veterinarian or operator of a facility shall notify the owner in person, by telephone, or by registered or certified mail or statutory overnight delivery with return receipt requested at the address given when the animal or pet was delivered, of the date of the disposal and the manner in which the animal was disposed.

(3) The disposal of an animal or pet as provided in this Code section shall not relieve the owner or owner's agent of any financial obligations incurred for treatment, boarding, or care by a veterinarian or operator of a facility for boarding animals or pets.

(b) The giving of notice to the owner as provided for in subsection (a) of this Code section shall relieve the licensed veterinarian, the operator of a facility for boarding animals or pets, or any custodian who disposes of such animal or pet of any further liability for such disposal.

(c) Failure of the owner of any such animal or pet to receive the demand by registered or certified mail or statutory overnight delivery provided for in paragraph (1) of subsection (a) of this Code section shall not render the licensed veterinarian or operator of a facility liable to the owner of such animal or pet for the disposal thereof in any manner provided in this Code section.


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