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 Free lease contract question
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arizona77
Tenderfoot

USA
16 Posts

Posted - 03/06/2006 :  09:52:27 AM  Show Profile  Visit arizona77's Homepage Send arizona77 a Private Message
Hello, I have found a home for our mare, but was hoping someone might have some ideas on a free lease contract.
We are moving to Montana next month and taking our mare right now is really not an option, she doesn't get along with our 3 y/o and the only trailer we have is a 3 horse stock. So, I have found her a home but I want this to be on a trial basis, say maybe 3 months, and see how they do with her. I just can't let this mare go and hope the rest of her life is good, that's why I want the lease.
Now I know that this home would be wonderful for her, but I'm wondering what kinds of things I can put in the contract. Is a free lease a good idea? Never done this before so I'm looking for a little guidence;O)
Thank you and have a great day!!
Loree in AZ (not 'fer long;)

fracturedbones
Clinician



3424 Posts

Posted - 03/06/2006 :  12:35:10 PM  Show Profile  Visit fracturedbones's Homepage Send fracturedbones a Private Message
There are some books out on horse related contracts. Sounds like maybe it will become a sale if all goes well? I'd think in terms of how to protect myself and horses health/well being/liability for injuires and if I was going to lease myself, what I would want stipulated.

Off the top of my head:
Length of lease, cost (if charging), horse stays boarded at _______property and maybe how stabled (pasture, etc?)
Who covers vet (routine vacs and if sick/colic what to do) and injuries, worming
Farrier, spell out how often, shoes?
Use of horse (can others ride?), release of liability for yourself if person injured on/with horse
If person leasing has rights to buy?
Training?

Cost of board, feed, routine vet is alot in itself. Unless super trained horse, not sure I would charge beyond costs of keeping the horse, since it would cost you $$ to board and for care.

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arizona77
Tenderfoot

USA
16 Posts

Posted - 03/07/2006 :  10:34:46 AM  Show Profile  Visit arizona77's Homepage Send arizona77 a Private Message
quote:
Originally posted by fracturedbones

There are some books out on horse related contracts. Sounds like maybe it will become a sale if all goes well? I'd think in terms of how to protect myself and horses health/well being/liability for injuires and if I was going to lease myself, what I would want stipulated.

Off the top of my head:
Length of lease, cost (if charging), horse stays boarded at _______property and maybe how stabled (pasture, etc?)
Who covers vet (routine vacs and if sick/colic what to do) and injuries, worming
Farrier, spell out how often, shoes?
Use of horse (can others ride?), release of liability for yourself if person injured on/with horse
If person leasing has rights to buy?
Training?

Cost of board, feed, routine vet is alot in itself. Unless super trained horse, not sure I would charge beyond costs of keeping the horse, since it would cost you $$ to board and for care.




Thank you Fracturedbones, wonderful ideas of some things I didn't think of. I hope they will bond with her as she was abused and just needs a really good, understanding home and I think she will get that. Thank you again!!
Have a great day!
Loree in AZ
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fracturedbones
Clinician



3424 Posts

Posted - 03/07/2006 :  10:50:16 AM  Show Profile  Visit fracturedbones's Homepage Send fracturedbones a Private Message
One last (horrible but necessary ) thought:
If something terrible happened to horse, would include something re: calling you for treatment vs. euthanizing in case of severe colic/injury. Horrible thought, but it happens...colic surgery can be expensive and something to think through what either can afford.

Probably others on forum can think of stuff...good luck! Move is coming, huh?
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arizona77
Tenderfoot

USA
16 Posts

Posted - 03/07/2006 :  11:00:05 AM  Show Profile  Visit arizona77's Homepage Send arizona77 a Private Message
That really is something to think about and put in there, thanks!! We have a really good relationship with our vet, and maybe we will talk to him about it before we go.
Yep, getting ready for the move:O) Trying to organize everything...find places to stay along the way, get the horses ready (shots, coggins, etc.), pack, have yard sale, go crazy for a minute...oyeah, and find a farm to rent in Bozeman (our other farm deal fell through) But all of it will be worth it when we cross that border and I get to do the happy dance IN Montana;O)
Loree in AZ
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Stormie
Clinician

1630 Posts

Posted - 03/07/2006 :  12:31:42 PM  Show Profile  Visit Stormie's Homepage Send Stormie a Private Message
There are some websites that hae free forms....I might have a lease contract not sure. I would have to look later. What I did for our boarding contract was to look at as many different ones as I could. Then I wrote up the way I wanted mine to go. I had a few odd things that I needed covered because of the legal issue of the LGDs. Then I had to looked over to make sure it was all legal and would have part of a leg to stand on.
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sbower
Clinician



1083 Posts

Posted - 03/07/2006 :  9:13:57 PM  Show Profile Send sbower a Private Message
Hi arizona77
See http://www.horseweb.com/articles/legal/0311.htm for common problems with leases. If you know what the typical problems are, you can at least try to avoid them!!


Secondly, beware of using standard forms. Different states have different laws and just because you put it in a contract and have the person sign it, does not make it a legal document. And the whole contract can become null and void if any piece of it is not legal. Depending on the value of the horse it might be wise to contact a local lawyer and /or legal aid.

As a cheaper alternative I know amazon.com sells books that deal with equine leases.... search for "equine law".

Also there is a website uslegalforms.com that offers state specific contracts. I've never used them so I can't say whether they are worth it or not...at least it's another option.

Happy leasing!

<'\__~
_(( // ====

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fracturedbones
Clinician



3424 Posts

Posted - 03/08/2006 :  1:11:51 PM  Show Profile  Visit fracturedbones's Homepage Send fracturedbones a Private Message
Just thought I'd mention, besides shots and coggins when moving horses state to state, I remember when I bought my gelding he was also required by the hauler and the state coming from to have a health certificate (think had to be within 30 days of haul) and state brand inspection certificate (to verify not stolen I guess). Don't know what either of your states require. Whew! So much to do for you!!!
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