Loan contract by a solicitor...

JackDaniels1

JackDaniels1

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Sorry for sounding like a complete numpty!
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But how do I go about getting a loan agreement drawn up by a solicitor?
 
go to an equine solicitor, have the loan agreement you want drawn up and ask them to find the loop holes.

the benefit with a equine solicitor is they at least know the jargon, you may pay a lot more, BUT its something that is valuble for a long time to come.
 
Do you think I stand in a better position *if* something did go wrong with a contract drawn up by a solicitor rather than a BHS contract you can print off?
 
Also before you loan your horse get it freezemarked and also microchipped and keep some of the hairs from his main or tale (for dna identification) as unfortunately a number of horses have dissapeared while on loan. It may also be worthwhile to have him vetted so that his condition when he went for loan is known.
 
jd.. yes you do,

i had paid for mine, my mare came back injured, and thank feck it was a water tight agreement, as although not a perfect ending, i did manage to keep the horse insured ( even though its in the loanees name) and claim on the insurance.
 
Well, I had a loan Contract - more or less useless. Pony came back in poor condition - vet, farrier and physio bills. Try and prove it? Would cost a fortune in legal fees!!

You really do need to visit the pony regularly. I didn't the second year as I was out of the country - took a year for the pony to recover, but she was never the same.

There are obviously good loaners out there - have to be lucky.

I recently saw a lovely loan pony being jumped and jumped over big jumps every night on rock hard ground. Have to say that I was glad it wasn't my pony.
 
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Well, I had a loan Contract - more or less useless.

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Afraid I had the same experience
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. IMHO the loan agreement is not worth the paper it's written on -in my case the loanee agreed to certain conditions and then broke them. And she never did return everything I gave her
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If you are loaning out your horse, make sure you always have somewhere for the horse to come back to - you may need to get them back at very short notice.

Personally, I would never loan one out again.

Apologies to al the good loanees out there.
 
Take pictures of everything, 2 sets, including the condition of the horse and equipment. Have both parties sign and date the back of the photos and attach to the loan agreement. In the loan agreement specifically state that each party has agreed that the horse and equipment are in good condition, as stated in the photographs, and that the loanee will return the horse and equipment in the same condition, otherwise will reimburse owner to bring horse and equipment back into the same condition.

If there are any disagreements as to condition of horse/equipment it will be referred to a suitably qualified vet, farrier, saddler as agreed by the parties, or in default, the current vet/farrier/saddler.

It doesnt matter if the loan agreement is prepared by a solicitor or the template is used - each are legally binding once signed by each party. However, a solicitor will be able to tailor the contract to your situation, and will be able to add additional protections. I havent seen the BHS one recently, but several years ago I used to prepare a number of these for competition horses and I always made sure the above provisions were included and the horses always came back in very good condition.
 
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