ILuvCowparsely
Well-Known Member
For reasons I cannot say on an open forum, what sort of things are in one of these and how is it worded. Pm me if you would rather as I need to know what or how it is worded
thanx
thanx
signing over horse form
- Thread starter ILuvCowparsely
- Start date
LD&S
Well-Known Member
It was very informal but when I was gifted a pony it said
On this day I gift ..... brief description to ......
......is given freely with her .......(her kit)
Please love and keep her safe till the end of her days.
I'm not sure that either of us should have had such an informal handover but it worked for us
On this day I gift ..... brief description to ......
......is given freely with her .......(her kit)
Please love and keep her safe till the end of her days.
I'm not sure that either of us should have had such an informal handover but it worked for us
KrujaaLass
Well-Known Member
Sell the horse for a pound
be positive
Well-Known Member
This with a normal receipt, that way there is no room for misunderstanding or a change of mind.
Toby_Zaphod
Well-Known Member
I think rather than doingout a document 'gifting' a horse it is far easier to do a normal bill of sale for £1.
" Received from (name of buyer) today (date) the sum of £1.00 in full payment for name of horse, description of horse including microchip &/or Freeze mark number. Both parties sign as seller or buyer & date your signature" Have 2 copies of the bill of sale so both buyer & seller can have a copy.
Seller hand over passport & buyer arrange to have ownership changed over by society issuing the passport.
" Received from (name of buyer) today (date) the sum of £1.00 in full payment for name of horse, description of horse including microchip &/or Freeze mark number. Both parties sign as seller or buyer & date your signature" Have 2 copies of the bill of sale so both buyer & seller can have a copy.
Seller hand over passport & buyer arrange to have ownership changed over by society issuing the passport.
ILuvCowparsely
Well-Known Member
For reasons I cannot say in the open forum the mare is on loan to me for 2 years.
AdorableAlice
Well-Known Member
Rather than asking ambiguous questions, why not contact the BHS they will have the relevant advice and wording for such situations.
Tiddlypom
Carries on creakily
So it's a temporary loan, not a sale? Adapt the BHS loan agreement to suit your circumstances.
http://www.bhs.org.uk/~/media/bhs/f...tish-horse-society-sample-loan-agreement.ashx
http://www.bhs.org.uk/~/media/bhs/f...tish-horse-society-sample-loan-agreement.ashx
darkbay19
Well-Known Member
This is what I'm planning to and think its quite a good idea. So much easier
ILuvCowparsely
Well-Known Member
Did you not read my thread, I was asking members what they have in it. Had I wanted the BHS I would have asked or googled, but I want members views and worded loan handed over contracts specifically,
Because enough members here must have their loan horses signed over to them particularly Homes4Horses where many are advertised as possible sign over, sometimes and I want a real life contract not one fabricated by the BHS.
I did not ask about a loan agreement I want sign over only, I am fully aware what is in the BHS one as I have had to use it before.
I am sure there are many many members here who have created contracts like I am asking for.
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ILuvCowparsely
Well-Known Member
Thank you this is the kinda thing I am after, also in the future i will be asking for help from someone in New Zealand but that is 2 years away.
Did you use your married name?? as I use my maiden one but think for this I am to use married one for legality
Tiddlypom
Carries on creakily
Still confused as to exactly what you want, will quietly leave in case I get my knuckles rapped again for offering unwanted but well meant advice.
AdorableAlice
Well-Known Member
Quite.
ILuvCowparsely
Well-Known Member
I was asking what people have received from the owner of the horse they are loaning when the owner signed the horse over to the Lonee. What was in the letter or contract they received, LD&S
seemed to understand.
For reasons best kept of this public forum, all I need is a sample of contracts a member who has loaned a horse,has received from the actual owner where by they has signed the horse over to the person loaning.
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popsdosh
Well-Known Member
At least the BHS one has been thought out rather than something made up between two people that the legal establishment then can drive a horse and cart through.
As others have pointed out a straight forward receipt buying the horse for a pound is about as foolproof as it can get.
Why the need to be so rude when others are trying to help perhaps a little less cloak and dagger ,which frankly none of us are interested in . It seems to happen on a weekly basis
LD&S
Well-Known Member
Yes I did but I don't use my maiden name at all, I'm not certain and I'm sure there are legal bods who'll correct me but I think the name you are known by is your legal name. Will pm you
ILuvCowparsely
Well-Known Member
It is not as simple as that as I have explained, This is a private arrangement and for reasons I cannot disclose on here why that option is not possible. I already said I have use the BHS loan one for loaning this mare, all I asked for is what sort of thing people got in the sign over form. It is not black and white, hence the need for withholding some information.
LD&S answered me simply with what I asked for which is really all I asked for. Nothing more nothing less
thanx LD&S have pm'd you
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ROMANY 1959
Well-Known Member
Ok... I get what you mean
I loaned my horse for 3 yrs and then when loaner wanted to move to uni and take said horse I sold horse to her for £1 ..this is how I worded the sale.
I.....(my name)...sell the horse named........(horses name and passport no)
To loaner (loaner name) for the sum of £1 ... The horse is sound and has no behaveure problems...and comes with saddle and bridle and rugs..
Date it.
And do your name and address and their name and address and both sign it. I did two copies and she took one and I took one..
Hope that helps.
I loaned my horse for 3 yrs and then when loaner wanted to move to uni and take said horse I sold horse to her for £1 ..this is how I worded the sale.
I.....(my name)...sell the horse named........(horses name and passport no)
To loaner (loaner name) for the sum of £1 ... The horse is sound and has no behaveure problems...and comes with saddle and bridle and rugs..
Date it.
And do your name and address and their name and address and both sign it. I did two copies and she took one and I took one..
Hope that helps.
ILuvCowparsely
Well-Known Member
ty have pm'd you
ILuvCowparsely
Well-Known Member
Has anyone ever had there loan horse signed over and no money exchanged even a £ 1 or signed over there horse and not wanted a pound just filled a form out?
popsdosh
Well-Known Member
You can however it always seems more definite if a token sum is paid. That is why things like struggling companies etc change hands for a pound quite often. Its clean under the law you have bought it knowingly and you now take responsibility for it .There are no ifs or buts ! It really saves a lot of legal clauses to cover both parties if its a gift.
Is there a reason you dont want to do it ? it is very common in the horse world.
Paint Me Proud
Well-Known Member
these are the two contracts I wrote for loaning and then selling my mare. Dont know if they will be of any use but worth a look.
https://docs.google.com/document/d/169ctogAITGWMKvXdeFJI9athVOODZueCNdSwkIWla8E/edit?usp=sharing
https://docs.google.com/document/d/1xWAN9uOKX7kp3Hs-y-QuBbOzgFuL4cW-jtqYDJpoM3Y/edit?usp=sharing
https://docs.google.com/document/d/169ctogAITGWMKvXdeFJI9athVOODZueCNdSwkIWla8E/edit?usp=sharing
https://docs.google.com/document/d/1xWAN9uOKX7kp3Hs-y-QuBbOzgFuL4cW-jtqYDJpoM3Y/edit?usp=sharing
wingedhorse
Well-Known Member
Its more likely to be the problem is the other way round, in this case, hence why not saying.
FOR EXAMPLE (and I know none of the context, just suggesting a possible scenario), if HGA-12 had a horse on longish term loan. The owner agreed after a period of time the horse could be transferred to ownership by HGA-12, perhaps by email but not as a signed owner transfer document.
HGA-12 considered that an email of intent was sufficient agreement for the horse to be considered her property.
For some reason the original owner, a six months later, changes their mind and no longer considers that they transferrred ownership of the horse to HGA-12, and considers that they still own the horse. I've seen someone try to do this, when through change of circumstances the person to whom the horse was transferred to, went on to sell it a few years later. Original owner who had transferred ownership tried to claim they hadnt
HGA-12 takes legal advice, and is asked to do some research into what a typical loan to ownership transfer agreement looks like, and how people normally evidence it.
So all who can evidence what they documented to transfer from loan to ownership, and share this with HGA-12 are helping her.
popsdosh
Well-Known Member
Thats exactly why paying a pound and getting a receipt to that effect is the most straightforward proof.I think from the replies so far this is a popular way of achieving the desired result. For what its worth if the person will not do that I think you may have a deeper issue to contend with down the line. You would have to conclude they would have a motive not too.
We are not answering it this way to wind anybody up but maybe a misunderstanding of what the desired outcome is.
I always work on the theory the simpler it is it leaves no wiggle room.
The problem is any contract can be challenged in court especially if its an off the cuff and complicated arrangement. Purchase contracts are more simply understood and at the end of the day do not even need to be on paper email or verbal is accepted as a legal contract
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ILuvCowparsely
Well-Known Member
I have already said, I cannot give all the details in an open forum like this for many reasons.
Fun Times
Well-Known Member
The reason for the transfer of money (even a nominal £1.00) is that under the law (subject to certai n exceptions) for a contract to be binding there must be consideration. In this example, ownership is transferred "in consideration of" payment of the £1.00. Consideration does not need to be monetary - for example I could agree to transfer my horse to my friend in consideration of my friend mowing my lawn for a year. Using a nominal monetary value however is easy, clean and a neat way to ensure that the transaction is binding.
Leo Walker
Well-Known Member
I signed mine over. She sent me £1 by bank transfer and I sent her a receipt by email. We had previously had a loan contract, but the £1 and receipt then over rode that. All done and dusted with no hassle
ihatework
Well-Known Member
If it's that cloak & dagger probably best to just call the BHS legal helpline and cover your bases (or maybe they would just suggest you bought your horse for £1, lol)
I have no advice. I took a horse on loan 14/15 years ago. Had a years contract, it ran out and was never renewed. Old man is still with me. Assumed donated to the IHW collection of pet horses!!
I have no advice. I took a horse on loan 14/15 years ago. Had a years contract, it ran out and was never renewed. Old man is still with me. Assumed donated to the IHW collection of pet horses!!
LD&S
Well-Known Member
This must be very frustrating for HGA-12.