[RenaissanceMare]

Based upon the new information (not totally complete but close enough for govt. work) the transaction was a "feed lease." Load the horse up and take it back.

G.

I would assume the trainer does not want the horse back, considering she did not want the horse after she realized it would not take her to the upper levels. How would the student go about making the trainer take the horse back? (with out things getting ugly?)

[cowboymom]

I don't know how ugly can be avoided at this point. If she hauls the horse back, Trainer is going to be annoyed and who knows how she will handle that. If she finds out Friend has sold the horse she might want her 5K. I think she just has Friend and Horse on hold and that's fine with her. I don't know; personalities are going to start making a difference here and it can either be easy or a PITA. If friend is really ready to be done, she should do as G said and take him and his papers back to the person that person that paid for him. And then "gifted him"... which then makes me think that Friend should just sell him to the highest bidder and be done.

messy!

[katarine]

I would unload him at her place with a good Coggins and his papers and be done with it.

[Guilherme]

I would assume the trainer does not want the horse back, considering she did not want the horse after she realized it would not take her to the upper levels. How would the student go about making the trainer take the horse back? (with out things getting ugly?)

You take the horse to the trainer's, tie it to a hitching post (or put it in an open stall or whatever) and then you go home. It's just that simple.

If things get ugly then call the police and animal control.

G.

[Coanteen]

Yeah, as much as I believe that verbal contracts are contracts like any other, this thing is really vague and open-ended as far as terms go. To go for 2 years without some mention of a payment plan, or even a first payment, promissory note, anything - my not-a-lawyer guess is that if push came to shove, this contract would be really hard to enforce. It looks for all the world like a free lease.

Friend is essentially stuck without ownership papers. She can't sell horse. She doesn't want to keep horse. Trainer doesn't want horse either - but trainer at least has ownership (and presumably the capability to make horse look a bit better for the market), so I too would haul horse to trainer and drop it off. If trainer wants horse sold she can sell it herself, properly this time.

[Crackerdog]

"if the horse worked out the trainer would keep it, if it didn't but was appropriate for the student, she would pay the price the trainer paid for it."

The trainer stated (rather arrogantly ) that she "has 6 figure horses to worry about" and the gelding isn't really a blip on her radar. She was also not willing to come out and help with the horse.

It seems the horse is not appropriate for the student and as the trainer will not help the student with the horse, then according to the 'agreement' the horse should go back to the trainer. Load the horse into the trailer, take the horse to the trainer, unload.

[Guilherme]

Yeah, as much as I believe that verbal contracts are contracts like any other, this thing is really vague and open-ended as far as terms go. To go for 2 years without some mention of a payment plan, or even a first payment, promissory note, anything - my not-a-lawyer guess is that if push came to shove, this contract would be really hard to enforce. It looks for all the world like a free lease.

Friend is essentially stuck without ownership papers. She can't sell horse. She doesn't want to keep horse. Trainer doesn't want horse either - but trainer at least has ownership (and presumably the capability to make horse look a bit better for the market), so I too would haul horse to trainer and drop it off. If trainer wants horse sold she can sell it herself, properly this time.

No, no, no.

The friend is "stuck" only if they choose to be "stuck."

Verbal contracts can be enforceable but, under the facts as given, the verbal contract was for "feed lease" not a sale. It's also possible to make out a case for gift, too.

All they have to do is physically return the horse to the trainer and then walk away. This will take some "intestinal fortitude" but is the student so gut-less that they can't do this simple task?

G.