Loan horse may be sold during notice period?

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24 April 2012
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I have been full loaning a horse for a while now and the owner asked if I wanted to buy her. I absolutely love her to bits and said to the owner I would have a think.

The price she gave me is ridiculously overpriced for her market value (even in today’s market) and the thing as well is I helped to break her in and have done all the work schooling etc since, so the only reason she’s worth any money is because of me- the owner has never sat on her once or done any groundwork at all.


I decided she’s just not the right horse to me to buy for various reasons so I told the owner that, who was then quite rude and hurtful with the things she said (considering I look after her 2 other horses every day too…).

I love the horse but think it’s time for me to walk away from the owner and my notice period is 30 days. This is fine but I’m worried the owner will sell the horse as soon as I hand my notice in. Since I said no she’s already asked other people if they’d be interested in buying her.

I don’t want to pay livery fees etc for a full 30 days if she then sells the horse before that but I obviously have no way of proving she will (I just have my suspicions and so does the yard owner).


Is there anything I can do if this does happen and she sells the horse during my notice period? I pay for everything for her and pay it all direct (eg straight to the yard owner for livery fees etc). Im guessing there’s not a lot I could do and may just have to suck it up.

Thank you for any responses :)
 

Pinkvboots

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I would speak to the owner and say as she has been offering the horse to other people she may want to start paying the horses livery now, I certainly wouldn't be paying for a month upfront knowing the horse could be sold because you probably won't get any money back from the owner.

These kind if agreements only really work it there is trust between you she has broken that trust so in my view the situation has changed, I would be inclined to just go and sod the 30 day notice period.
 
Joined
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I would speak to the owner and say as she has been offering the horse to other people she may want to start paying the horses livery now, I certainly wouldn't be paying for a month upfront knowing the horse could be sold because you probably won't get any money back from the owner.

These kind if agreements only really work it there is trust between you she has broken that trust so in my view the situation has changed, I would be inclined to just go and sod the 30 day notice period.
Thank you for your reply- would there be any comeback if I didn’t give her the 30 days notice? We have signed a BHS agreement (just the standard printed one) which states 30 days but wasn’t sure if that was legally binding?
 

ihatework

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If I were you, I would approach the owner and just say that you understand they want to sell, unfortunately you are not in a position to buy, but would be willing to facilitate the sale (show horse off and allow access etc), for 10% commission.

If they decline, then advise them to make arrangements immediately to collect the horse.
 

Pinkvboots

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If I were you, I would approach the owner and just say that you understand they want to sell, unfortunately you are not in a position to buy, but would be willing to facilitate the sale (show horse off and allow access etc), for 10% commission.

If they decline, then advise them to make arrangements immediately to collect the horse.
I think the horse is on the same yard as the owner by the sound of it as op does her horses as well sometimes that's how I understood it but I could be wrong.

But the commission thing is a good idea
 

Equi

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I would hand your notice in now, if the horse sells in a months time with an overinflated price then there’s not a lot you can do about it. If it doesn’t then the owner will be the one with the costs next month.

the bhs contract is only legally binding if people bother to take it to small claims. You won’t have the police knocking on the door or anything.
 

ihatework

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Yes that’s correct she’s on the same yard
All the same, if you have the horse on full loan and are paying the bills the owner has zero right to allow anyone to try the horse during the notice period, unless you allow it.

The owner should be giving you notice really, so first up I’d probably clarify with them if they consider to have given notice.

You can keep this friendly and civil, but can also be clear that they will resume full financial responsibility for the horse at the end of the notice period, at which point they can then sell the horse. You can also be clear that you would consider waiving the notice period if they wish to take on responsibility for the horse immediately and refund you any monies already paid.

Id keep things lighthearted to begin with though and angle for some commission
 

Rowreach

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Presumably if you pay the YO direct then you also have a contract/notice period with her? Is that also 30 days? To keep things right I'd put both on notice that the arrangement is being terminated as at X date, and state separately to the owner that the horse is in your care/under your financial control until then.

If you want to walk away without notice you would need to agree this with both the owner and the YO or you could have one or both coming after you.
 
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All the same, if you have the horse on full loan and are paying the bills the owner has zero right to allow anyone to try the horse during the notice period, unless you allow it.

The owner should be giving you notice really, so first up I’d probably clarify with them if they consider to have given notice.

You can keep this friendly and civil, but can also be clear that they will resume full financial responsibility for the horse at the end of the notice period, at which point they can then sell the horse. You can also be clear that you would consider waiving the notice period if they wish to take on responsibility for the horse immediately and refund you any monies already paid.

Id keep things lighthearted to begin with though and angle for some commission
Yes that’s a good point thank you- I will speak to her about if/when she’s planning to sell her and hopefully will get an honest answer!
 
Joined
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Presumably if you pay the YO direct then you also have a contract/notice period with her? Is that also 30 days? To keep things right I'd put both on notice that the arrangement is being terminated as at X date, and state separately to the owner that the horse is in your care/under your financial control until then.

If you want to walk away without notice you would need to agree this with both the owner and the YO or you could have one or both coming after you.
The yard owner doesn’t have a notice period as such you just pay for the month and if you leave early then you just don’t get the money refunded for the rest of the month but they don’t require any actual notice if that makes sense.

I think I will speak to the owner and clarify with her when she’s thinking of selling her and go from there really. Thank you for your response.
 
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Thank you everyone for your replies, they have really helped!

I will speak with the owner and try and understand the timeframe she is wanting to sell her by and try and end the loan before that point.
 

Shilasdair

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If you intend to honour your BHS loan contract by paying the month's livery, then the owner also has to honour it by leaving the horse with you for the month.

Ask her if she intends to sell earlier than this, and then point out that as she is terminating the agreement, you are no longer required to pay the livery.

You could also phone the BHS Legal Helpline for advice as to how to word this if you are nervous/unsure.
 

Melody Grey

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Not sure if you’re wanting to continue with the horse until she sells, but if you are, could you switch to paying your monies in arrears, that way only paying for the part of the month until sold?

You having improved the horse and seeing nothing back for that in the price you were offered at sucks, but is unfortunately the risk in loaning/ sharing. It would have been decent of the seller to take that into account, but not mandatory.
 
Joined
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Not sure if you’re wanting to continue with the horse until she sells, but if you are, could you switch to paying your monies in arrears, that way only paying for the part of the month until sold?

You having improved the horse and seeing nothing back for that in the price you were offered at sucks, but is unfortunately the risk in loaning/ sharing. It would have been decent of the seller to take that into account, but not mandatory.
Unfortunately it wouldn’t be possible to pay in arrears as I pay for everything direct otherwise that would be ideal.

Yes it’s just unfortunate that it’s had to end on bad terms really due to the owner’s actions!
 

abbijay

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Having been in a fairly similar position with a loan that was ending but uncertainty over when I would suggest you take control of the situation. It sounds like you are happy to end the arrangement so I would serve my notice to the owner. Give her the months notice but confirm that you do not expect the horse to go anywhere until the notice period is up. If she does then it's breach of contract and you can pursue costs through small claims. I suspect she won't be expecting you to end the loan and assumes you can be at her whim.
 
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