Free Lease gone super bad, WWYD?

[Foxyalter]

Just like the title says… free leased a schoolmaster hunter gelding within state. Big horse, super sweet and easy to ride, been in lesson program before successfully, was great show horse in the past and 2 ft low working hunter champion last year.

Needs front shoes and basic maintenance spelled out in signed contract to include SmartDigest Ultra as he is too old to be insured and is enrolled in Colic Care program. Also is prone to getting summer sores if turned out in wet conditions so Leasee was specifically told to keep legs as dry as possible and be vigilant about leg care.

I send horse with 3 weeks worth of Smartpaks and kindly remind leasee that horse absolutely needs them and not to forget to order. They were never ordered, leasee says that she lost her credit card, will reorder them. Horse is only gone for 3 months but I am always available by text, phone or fb. Am told weekly that horse is doing great.

Get a text last week by leasee that horse is too high maintenance is being returned, only gone for three months. No problem. just tell her to bring him back. Ask where he is in his supplement schedule, am told barn manager let smartpaks lapse but she will order new box and send with him.

Horse is returned and dropped off with all four legs covered in summer sores and a hot mess. No smartpaks, no halter (she took the halter and lead rope back with her???) no nothing. I suspect that he has never had any supplements for the last 3 months.

Vet immediately comes out, treats summer sores and sends pathology out to university as we find out the horse has been used for swimming in a lake and want to rule out other sources for the sores and lesions. Four days later, last night, horse colics with an impaction and vet again comes out at 12am and tubes horse. Luckily he passed manure this morning and we likely caught it in time.

So now these vet bills are racking up, horse is a mess and needs constant care. Per the lease agreement, Leasee is responsible to return the horse in the same condition in which he left, all vet bills while in her care and to maintain his current supplement program. She has done none of these things.

This is not a backyard facility that he went to but a highly visible, highly advertised barn with 5 figure horses for sale. Actually just saw that they bought a new upper level jumper on fb. Leasee will not communicate by phone, only by text or fb message.

Besides the legal route, what would you do? I have a video that I would love to post of how the horses legs looked when he was returned. Now I am into all this extensive care for the lesions and now the colic aftercare. All leasee says is that she is “sorry”. Thoughts on how to proceed?

[Appsolute]

Honestly, I would just chalk it up as a loss, nurse the horse back to health, and not lease out again, unless it is to a situation where you can lay eyes on the horse every two weeks or so - too many lease gone bad horror stories out there.

Getting an attorney involved for a civil suit will most likely cost as much as the vet bills or more. You could pursue small claims court if you have the time and gumption for that - although unfortunately even if you win, it doesn’t mean that the guilty party will pay - then you would have to pursue legal liens against them etc.

[quietann]

Figure out what you want from lessee (vet bill coverage??) and if the amount of money owed is sufficient, lawyer up? You’d have to have a written contract for this to work, but a letter on law-firm letterhead signed by a lawyer could get you results.

So sorry this happened to your horse and I hope he’s better soon.

[fordtraktor]

I would let it go and chalk it up to life lessons about leasing out of your barn. I once got my easy keeper, schoolmaster hunter who had pinned well in the Regular Workings and was shown in the Junior Jumpers (so a nice horse!) back super-skinny with two blown suspensories. About the same time, I got back a nice young horse who had obviously foundered and I wasn’t told for months. He was always “doing great” when I called. Yeah, rocked back on his haunches with his feet out in front of him barely able to walk. Neither was ever really sound again. No more leasing unless I am there to supervise it!

[laweryka]

Weigh your costs of an attorney vs the vet bills and think about suing. You have a contract in hand saying the horse is to be returned in the same condition and treated in a specific manner. While colic is notorious for being unpredictable related to cause and he wasn’t colic-ing when you took possession, not sure if you’ll be able to get that $$ back, but the sores were present at the time you got him back so treatment for that you should definately go after.

If you don’t hold your lessee accountable for the contract they signed - WHO WILL? Why bother having anyone sign a contract with you if you’re not going to bother enforcing it?

[Foxyalter]

Just looking for vet bill coverage as per our written and signed contract. Will never lease again, just a disaster but would love for the horse world to know that sending your horse to a “top notch” facility with GP riders does not guarantee good care!

My sister in law is an attorney so make pursue something there. Its going to take me forever to get this horse right again

[BostonHJ]

There is always small claims court. Depending where you live, they may be entirely equine-un savvy, but the violation of the contract seems clear.

Do you have a relationship with the trainer or barn manager at the other barn? If so, perhaps they can help with enforcement/repayment.

[Foxyalter]

The leasee is the trainer and barn owner of the facility.

[fordtraktor]

[QUOTE=Foxyalter;7168253]

My sister in law is an attorney so make pursue something there. Its going to take me forever to get this horse right again :([/QUOTE]

Ask her to write a demand letter on her lawyer letterhead and send it Certified Mail – if you can settle it out of court it will save you time, hassle and $$.

[Jsalem]

That really stinks. First, I would sit down and really think about what you want. All of the vet care required to bring the horse back to good health is reasonable to me. If there’s a trainer involved, I would contact them right away. Make sure they have a copy of the contract and be clear about what you want. Put a dollar figure on it and don’t be unreasonable- actual damages. I would put it in writing and send copies of everything and make a demand for payment. If that didn’t suffice, I’d get a lawyer. Make sure that trainer/BO/BM knows that this is your plan. I would think that they wouldn’t want the bad press.

[BostonHJ]

[QUOTE=Foxyalter;7168261]
The leasee is the trainer and barn owner of the facility.[/QUOTE]

WOW. Just wow. As someone who leases, I always feel so indebted to the owner that I treat the lease horse better than I would treat my own (which is already a very high standard of care).

I wouldn’t post anything online, but I wouldn’t be shy about talking about it offline.

[alto]

[QUOTE=Foxyalter;7168253]

My sister in law is an attorney so make pursue something there. Its going to take me forever to get this horse right again :([/QUOTE]

Absolutely speak with SIL - I’d never let this sort of thing “just go”.

If I couldn’t pursue legally, I’d have a blog for horse detailing the events - just facts, no commentary, you can provide photos of the lease contract, vet diagnosis etc, etc: have SIL check before you post anything.

[Foxyalter]

I know, right. We leased ourselves one year and the horse was returned looking fantastic and we did everything to the letter including injections and special shoeing. Really did not expect this at all, am totally blown away. And these summer sores which may be something worse may have to be surgically removed, some are huge and they are on all 4 legs. It takes me an hour a day just to scrub, medicate and wrap them all. Just so unnecessary plus the middle of the night colic visit was just over the top. This horse is so stressed out and uncomfortable and is such a good boy for putting up with all this crap.

[EnjoyThe_Ride]

When you calculate damages, make sure you include a value on the time you are spending nursing him back and the value of the time he is unrideable while he recovers.

[Burbank]

not an attorney but here is what I would do

send them a copy of the contract and send them invoices from the vet for getting the horse back to the same condition that the horse left

I would send an invoice for the colic visit b/c the horse was on the smart pak program and needed the supplements to stay on it so they dropped the ball

also keep detailed records and go to small claims if they try to make a fuss, it is a hassle but I bet these ppl are use to walking all over others, and if you do win even if they never pay up then you can mention it and it won’t be slander as there will be a court record

[trubandloki]

Jingles for your old guy.

It is so frustrating that some people just can not be responsible and follow the contract that they sign.

[skrgirl]

Sounds like something is very fishy. A barn owner/ trainer with 5 figure horses and grand prix students free leases a 2’ horse? Claims he is high maintenance as opposed to her 5 figure horses? And looses her cc? Does she not own another? Or a check book? A barn owner/ trainer that doesn’t answer her phone? Seems very off.

[Foxyalter]

Definitely fishy. I sent him there with no worries because I “assumed” if they had such high end horses and nice facility he would be in good hands. She leased him for adult beginners for her lesson program and camps because he is soo good at that and takes such good care of his riders. Do people not realize that these horses are priceless?

[relocatedTXjumpr]

I had something similar happen the last time I free leased my horse, although not as bad.

I free leased him to an owner/trainer of a barn to be used as a move up horse for a kid coming off of a pony and going into long stirrup. Trainer/owner was also going to show my horse is the jumpers to keep him tuned up.

Turns out she turned right around subleased him to an up/downer…horse tolerated it for about 5 months before blowing his top and I got the call that he was not working out. Per my contract she brought him home and dropped him off…with dirty blankets (contract stated all blankets, etc must be returned in the same condition)…left him in a crappy halter, 200lbs less than what he was when I brought her to him and just looked like crap…coat was dull and nasty, muscle tone was all gone from 5 months of doing up down lessons and he was just generally pissed off.

I sent her a bill for the blanket cleaning, new halter, and vet check…needless to say I never saw that $$$. In my case its not enough $$$ to go to court over.

I will never lease him out of the barn again, its not worth it. People lie about what they want/need the horse for and unless you have someone in the barn they go to, you cant keep an eye on them to see how they are doing. Honestly, I think this happens more with free leases because there is no money attached…maybe people are a lot less apt to screw your horse over if they have paid to lease it, I don’t know.

[Fillabeana]

This is not legal advice, just my own opinion from reading many COTH trainwrecks.

First, do NOT express your (however justified) upset in ANY identifiable form on the internet. You’ve done fine here, just don’t ‘out’ anyone period. Posting details on the internet is not something you can ever take back.

Second, keep photos and detailed records of everything that is going on. Your expenses, your time (also an expense), supplies, vet expenses to return the horse to health.

Third, get good legal advice. Start with Sister-in-law, and if need be have her refer you to someone else.

Leaser may very well be sorry. Best to not make her angry and emotional. Do your darndest to keep emotion out of interactions, because what would probably be best, is to have leaser pay for the damages caused by breach of contract and WANT to pay for damages, not do you harm out of anger, retribution, etc.
If you can approach it as, ‘Of course you’re sorry, of course you feel awful for the horse. This is what needs to be done, what you agreed to do when you signed the papers to lease him.’ THIS is what you are obligated to do…

I know you’re beyond upset now. But the best (for the horse, for you, and for the leaser) thing would be to get the horse better, and expenses paid for, and forgive going forward knowing that the leaser was both repentant and financially responsible for what happened.