Anyone know where I stand on LWVTB agreement?

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SkyBlue

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I have recently taken my boy on a loan with view to buy agreement. I have owned horses before but had to take a break to care for my Dad. My break was for over 12 months and over that time I seem to have lost all my confidence.
I went to see my horse, and rode him from the field. He was really a plod which is what I wanted and was told he would help my confidence. I decided to take him on LWVTB and full payment due for him in January. However, since I have had him is constantly barging me against stable wall, barging out of door when I try to take feed in, swings round trying to squash me when I groom and tack up, refuses to have feet picked and has tried kicking out at me a few times. He also refuses to stand while I mount and won't stand for me to tighten girth etc. He bites too! And in the school he bucked a couple of times. Only small ones but I told the girl i'm buying him from and she was shocked. I have hacked him out alone and although good on the roads I didn't feel 100% safe and as if I was just a passenger, if he wanted to swing round, stop, eat etc he wasn't bothered what I did to stop him!
I have owned ex racing TB's and huge Fresians before but this little 14.3 cob is really testing me and I really don't feel I'm ever going to get my confidence back with him. He seems very different to what I was told about him and how he seemed in the field when I went to view him. I have spoken to the girl I am buying from. He has always been kept out 24/7 but I wanted to stable at night (when I get to my old yard again horse's must be brought in at night in winter so trying to get him used to this as my current stable) the girl told me to keep him out 24/7 to "tyre him out a bit". But this isn't ideal for me and not what I can do at my old yard when I get back there.
Sorry this is so long! My query is where do I stand in cancelling the LWVTB? I want a horse forever, not one i'm going to be unhappy with and sell later. He's making me want to give it all up again. The agreement drawn up had in it "loan can not be terminated at any time". It's making me feel sick as I'm regretting buying another. My Husband is buying him for me and just wants me to be happy (I've had a bad year with death of my dad and me being diagnosed with ME). So talking to him is difficult. Any advice would be greatly appreciated.

Thanks all. x
 
Just send him back, this is supposed to be enjoyable!!

Is there any notice period in the agreement? I would write her a letter detailing your concerns about the pony - bargy, cannot be stabled, etc., say it isn't what you were looking for and ultimately are not interested in purchasing him. You are willing to kepp him for a month's notice if she needs time to sort livery out, or he can be taken home xxx date.

There are plenty of nice ponies/horses out there looking for a home, don't get stuck with one that isn't right for you.

Hugs, as I know how you feel, I actually bought one but luckily I managed to sell him within a month, just don't get caught out like I did.
 
That agreement sounds interesting :eek:. I'd have an chat with a solicitor if I were you. The animal was not as described given what you have said so I would say you have a good case for voiding the agreement but really depends on the wording or your contract.
 
You can just end the agreement, there should be details of notice etc on the agreement, however, if when you went to look at him he seemed perfect for you it could just be that the move has unsettled him and he is testing you. When we got our haffy she was lovely when we went to view but on arrival she was bargy, bolted in hand when being turned out, reared at the stable door every time I went near and was generally horrible. I actually phoned dealer on her second day and demanded she came and got her because she must have been drugged!! If you are prepared/confident enough to try a little bit longer then I would suggest you are firm with him, lots of growling when he misbehaves, let him know it is not acceptable. I used treats to bribe Lyric to stop her barging out of door and to stop her bolting in hand with me, that stopped within a couple of days of me starting it. I suppose he isn't what you expected so there is no failure in sending him back but it would be a shame if he is just playing up and will be easy to turn around with consistent handling. They get used to being in even if they don't like it, they just go with the routine. If you send him back I hope you quickly find one more suitable for you, if you persist then good luck with him.
 
SkyBlue said:
I decided to take him on LWVTB and full payment due for him in January.


Sorry this is so long! My query is where do I stand in cancelling the LWVTB? I want a horse forever, not one i'm going to be unhappy with and sell later. He's making me want to give it all up again. The agreement drawn up had in it "loan can not be terminated at any time". It's making me feel sick as I'm regretting buying another. My Husband is buying him for me and just wants me to be happy (I've had a bad year with death of my dad and me being diagnosed with ME). So talking to him is difficult. Any advice would be greatly appreciated.
Thanks all. x
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It is not the most appropriate contract term I have heard on a 'loan with a VIEW to buy' agreement! The whole point of such an agreement is to provide the new purchaser with time to get to know the horse and establish whether it is the right partnership!

However, If I were going to be cocky about it I would keep the horse, shove it in a field 24/7 and then when the money is due to change hands I would give the horse back, theoretically the 'loan' period will have ended by then ;)

But in reality I would ring and tell them that he is not right for you and you have decided not to purchase him, seeing as the loan was a 'loan with a view to buy' and you no longer have a 'view to buy him' then it negates the need to loan him you will be returning him in x amount of days in order that they can begin to find another purchaser. They can't force you to keep the horse and buy it.
 
It just sounds like you don't suit each other right now. Your management isn't good for him and his personality isn't suited to you. Look at the contract and, if necessary, admit that you could end up paying for him until January. But don't buy the wrong horse. Nothing worse for you or him. Once this is all sorted you might want to consider a few lessons or maybe a share. You've had a lot to deal with in your life this year so you can't expect to be 'normal' about horses yet. No shame in taking some time to experiment and see what kind of animal you'll be suited to in your new life.
 
I would return the horse, I dont understand why the owner would put in the contract that it can not be terminated at any time, I find that quite odd. I have only ever had 1 horse on a LWVTB and I had to return him. I took him on due to there was a lot of rumors that this horse was going lame when in full work. He was a SJ so would be in full work. Owners stated that the tales had come about via another girl had him on a 6 month loan with view to buy could not afford the payment of horse and wanted to keep him on full loan but they needed to sell. I took him on the condition that if he became lame I would return and purchase would not happen, if no signs of lameness and he passed the veting then full payment would be made in 6 months.
Once he went into full work he became lame, I had vet out for my other boys vacs and got her to look, she felt it was navicular but stated she would need to x-ray and under no certain terms would she pass a veting at the moment and would be wanting an x ray before passing in 6 months time.
I passed this info onto owners whe proceeded to call my vet screaming and shouting at her. They refused to take him back. Luckily I knew the yard owner very well on the yard were they had there other horse on, I called YO and asked if there was a stable so I could drop him back off, YO went and told owners of horse he would be back about 7pm.
An hour later the owners turned up at yard to collect him.
As it turned out I was informed that 7 months later he was PTS for navicular.
It may be hard but fight your corner.
 
After everything you have had to deal with this past year, you dont need the heartache and stress that this pony could potentially give you. Its a shame when these things dont work out but at least you havent actually bought him yet.

Find something that suits you and is what you need and dont feel bad about not finding this perfect match this time around :)
 
Loan with a view to buy means just that - you are loaning it and IF it works out you buy, not if it doesn't.

If this is a little cob, they can be quite assertive and know their own size to get their way, also if you are feeling nervous you are making him nervous too, so if you are not being the leader he will feel safer taking control. It depends on how fond you are of him, it might be worth getting an Intelligent Horsemanship person to help you will handing to put you in charge again, but ony if you feel it is worth it.

Don't get lumbered with a horse you don't want, just for the sake of telling the current owners.
 
I would maybe go to your local CAB or if a BHS gold member phone their helpline to see what they make of the agreement?

Fingers crossed it works out and sorry to hear your confidence has been knocked. Hope the situation is resolved with minimum conflict and you find your soul mate soon.
 
Just tell them he isnt working out and you are no longer interested in buying him. The most they can expect from you is that you hang on to him until the end of the agreed "loan" period, and tbh if he is getting hard to manage whilst you have him then I would expect them to take him back as soon as they can make arangements so they can deal with the problems and find another purchaser.
 
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