LOAN AGRREMENTS - LEGALLY HOLD UP ?

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minimex2

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I know theres more risk for owners than loaners but its my first time full loaning and as its for my daughter dont want her to be broken hearted.

Plan to use the bhs template with a 3yr clause but really worried owners might want back after months or so which would break my daughters heart.

Anyone been in similar situation where owners have wanted back before end of agreement and how did you get on ?

thanks
 
Never been in that situation but did put a pony out on full loan 2 years ago and used the BHS template, I made the agreement though as it was my pony, I wouldn't want the borrower doing it as it would be going to a home that I chose and I would be amending to what I wanted.

I did put in my agreement that I could take the pony back any time I wanted, with no notice what so ever and with no reason, so that I could protect my pony if the home wasn't suitable.

Pony was with them for 2 weeks when I did a spot check and pony was very poorly with colic. I took the pony straight from them the next day as their last pony lost its life to colic and I didn't want the same happening to mine.

The owners of the pony are going to put their pony first not you or your daughters feelings.
 
Yes if they are written up correctly.

I used the BHS template then re-wrote bits of it to suit my and my pony's needs. It was adhered to and I made sure EVERYTHING was in it and that it was double signed but me and a witness and her and a witness :)
 
Its a hard one, whatever agreement you have at the end of the day its there horse. |nd if they want it back legally theres really nothing you can do.

When i was 13 i loaned a horse all winter and the owner took it back in the spring time i was absolutly devastated. After that my dad bought me one as he hated seeing me heartbroken and didnt want the same thing to happen.
That said my daughters first ridden was a loan pony whom when she outgrew i helped the owner sell on. And im still in touch with the owner even now.
 
my experience as a loaner started well but ended on a negative note but I am sure some people out there have a great experience. Just be very clear about where your responsibilities are and what is and what is not acceptable for an example their children and friends children just hopping on and taking off for a hack or jump when you have literally only just groomed and got ready to take your own child out :( We loved the pony and she is sorely missed replacing her has not been easy but we made the right decision for us.
 
If you really want a pony for three years without the risk of it being taken back by the owner before then, then you really should buy rather than loan IMO.
 
I think you would be better to buy one. Prices are very low at the moment. After all what happens if you decide the horse is not right for you, are you going to stick to your side of the 3 year loan or do you expect the owner to take the horse back. I had a bad experience when a mother and daughter, who I loaned to, fell out and I had to collect him back the next day. They then expected him back a couple of months later but I said no
 
I agree you should buy I would never sign an agreement that didnot allow me to remove my horse whenever I was not happy I can't understand why any good owner would.
 
A good contract just means you have a reasonable chance of having it upheld through the courts if necessary. Lots of contracts are technically good legal contracts that would never be enforced - such as notice periods at work. By all means have a contract, but it is very unlikely to protect you, realistically, against something like the owner changing their mind and taking it back. Definitely better to buy your own!
 
Think that if you're this worried about having to return the horse/pony prematurely, then you should buy TBH coz then you've got something you can call your own and haven't got the worry of having to hand it back. There's some nice horses around at the moment, reasonably priced, and there's never going to be a better time to pick up something good for a song.

IMO loan agreements aren't worth the paper they're written on - I loaned my boy out and the stupid numpty girl that had him basically declared after just five weeks into it that she "couldn't afford it" anymore and would I please have him back!!!

I have a mare on loan from a friend at the mo, so I've been on both sides of the equation; and IF you're gonna loan you need to really trust the owner, and vice versa. It helps if you know them well - I went to school with the owner of the mare so we've kinda known each other for a fair bit!!! I trust her not to demand her mare back PDQ; and she trusts me to look after the mare as if she were my own. Key word being trust, and you have to know someone well for that to be able to happen.
 
I was involved in the law for over 30 years. During that time one of the things I learned is if you want a legal agreement drawn up then go & see a solicitor. When you copy an existing legal contract, i.e. BHS, & then alter things in it to try & make it fit your situation the outcome will not be very successful. Legal documents need to be worded correctly & mean exactly what you want them to mean without ambiguity. If something in the agreement can be interpreted more than the one way you wish it to be then it is no good.

You are allowing someone to take your horse, & look after it, ride it, feed it etc & you need to have this done right. You owe it to your horse so spend a few pounds & get it done right.

IMO self written agreements are about as much good as a self written will bought for a couple of quid at WHSmiths. Solicitors love them because when the agreements/wills are enacted they make a fortune sorting out the ensuing mess.
 
Thanks all, appreciate your help. The problem is we did want to buy and would prefer to, found the perfect pony but theres an aunt involved with two cousins who want to keep him in the familiy but wont be ready for him for 2-3 years. Did say we would sell back to them but obviously to safe guard themselves to ensure he remains theirs they want to loan him.

They do seem genuine but only know them from responding to an ad. And after viewing about 20 he really is perfect for my daughter. Suppose its all about trust and afterall expect its hard for them with so many horror stories.

thanks again
 
Ah I see the situation. Id not have a set in stone legally binding term like 3 years though. As a horse owner or a loaner.
As an owner, if the loaner is not treating my horse as I would like, for whatever reason, I would reserve the right to get the animal out of there PDQ.
Similarly, as a loaner, what would you do with your legally binding set in stone 3 year term contract if the pony injured itself or became ill through no fault of your own, the day after arriving at yours, never to be ridden again? Would you keep an expensive field ornament around for that full 3 years.

I agree buying is the way forward if you dont want the possibility of a loan ending abruptly, but if the owners of the pony want it gone for a couple of years everyone seems to be on the same page so far.
 
OP I think you're being a bit cheeky wanting a guaranteed 3yrs. If the horse bust a tendon, needed a year box rest and then 6mth rehabilitation during your loan period, would you want to keep it (and keep paying its livery, vet fees etc)? Or like most people, would you give it back to the owner and get something you could ride? The whole point of loaning is that its temporary and flexible. I think you should buy.
 
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