So in the process of getting a new horse, Ive decided to full lease my current horse out but have never done it out of barn before,so there were no written contracts.
Do most people use an equine lawyer to help them draw up a contact? If so, does anyone have any recommendations for great ones in southeast PA?
I’ve never used a lawyer, my trainer has a standard lease agreement. We only lease to trainers we know or are pre-screened ( ie. Care given at their barn, show schedule ect). The leasee must carry insurance with me as beneficiary or I have included the premiums in the price. BUT, if it is a lease to own, I would get a lawyer… I have seen a few of those agreements go bad with original owner stuck with damaged horses… good luck and do your reseach.
So many things can go wrong with a lease, off site or on, that it should never be done without a written contract.
No matter how many situations you might anticipate writing into a contract, there will always be one that you didn’t anticipate, so a good lease contract should offer protection from the unanticipated…
Just a few that I’ve known to occur:
Lessee loses interest, returns horse when owner is out of the country
Lessee’s trainer decides horse needs injections, proceeds to have them done without owner’s permission or knowledge
Horse returned lame (this is fairly common)
Lessee changes trainer (or farrier, or vet) or moves to a different facility
Lessee subleases horse to another party (with another trainer…)
Lessee fails to pay for lease
Lessee fails to pay vet or farrier or board or whatever, and those people come after the owner for payment
Horse gets ‘impounded’ for non-payment, owner ends up paying the ransom…
This list could go on and on and on…
Unless you are related to a lessee by blood that is thicker than a polar icecap (which isn’t saying much these days), a written contract is a must.
I used Jennifer Hagan years ago when I half-leased Patrick to a Pony Clubber.
She did a good job on both the terms of the lease, and the language showing I had done my due diligence in matching up the horse and lessee.
It was several hundred dollars, but worth it considering what you could lose if something goes wrong.
I was in AZ at the time and she didn’t have a problem constructing the lease, she just said I’d need a different attorney if anything ever went to court. So you might not need someone in PA for this part.
Do some searches here and see all the things that have gone wrong so you can word your document to reflect those things not happening to your horse or you, even with that at lease be prepared. Know who you are leasing too and have eyes on the ground where the horse will be that can let you know if something is wrong. Make sure horse stays close enough that you can occasionally check on him/her.
I’m not an attorney nor have I ever leased a horse out. However, I have a few suggestions based on experiences that friends have had with leases.
If you are leasing off the property, I would specify in writing what kind of updates you want on the horse. That could be photos, videos, etc. at specific intervals. That way if you aren’t in easy commuting distance, you can keep tabs on their condition.
A good friend of mine leased out her Y/R horse when she aged out and it came back lame. The person leasing it had run it into the ground, literally. It came back with its heels worn down and was unrideable. the horse later recovered, but not after some serious time off.
I would also ask the attorney how to deal with situations like that so you don’t end up stuck with a vet bill for something the other people did to your horse.
Randy Vladimir is in the area and does equine work from time to time.
I don’t have a specific attorney to recommend, but I highly recommend you get one! I was in the opposite situation where I was the lessee and the extent of the horses required maintenance and how truly unsound the horse was, was not disclosed. The horse became very unsound while I had it, to no fault of ours (was only lightly ridden 3-4 days a week and one show a month, boarded at an A show barn with a very high quality of care and great footing). But because the lease only covered what would happen in the event of a known issue that was disclosed, when what was not disclosed occurred we had some vet bills and then sent the horse back early (only after trying pour in shoes, previcox and a few other things). I had paid the lease a year in advance and this was 6 months into the lease and I was not able to get any of the lease $ back. Lets just say I learned my lesson the hard way. That although you may be honest and forthcoming, everyone else is not!
I strongly suggest finding an equine lawyer to prepare a lease. You can put in bits and pieces of clauses that you find here and there but they may well wind up being inconsistent from a legal point of view and then unenforceable. There are so many things that can go wrong - a lawyer really is a good investment.
There are a number of very good equine lawyers in PA. Samuel Silver in Philadelphia is a frequent speaker at the National Equine Law Conference in Kentucky.
Just as a warning…even with a signed and notarized agreement (original lease was to someone registered here), you must be careful. My pony went missing for over a year. I tracked him down via the vet I originally purchased him from. Apparently, the leasing party had taken it into her own hands to sublet him without notification and approval from myself (yes, this was specifically addressed in the agreement). I was able to track the person who currently has him and worked with them to allow the lease in their name). Written agreements are only as good as the person who signed them. I will never do an off property lease out of state or the immediate area. Never.
I have a lease that a poster here sent me and we made a few changes to that I am happy to send you. Both the OP and my husband are posters. I have one of my horses out on a paid lease with a well-respected trainer and it has gone extremely well. We like leasing so much that we bought a pony specifically to lease. I have realized that in buying and selling horses, it’s best to stick with people you know and trust, the same goes for leasing, IMO. I would not lease “out of network,” if that makes sense, but I do feel that with a reputable trainer, it’s a great situation for everyone involved. I will pm you the contract.
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