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Problems w/previous property owner

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    Problems w/previous property owner

    My Family recently bought a boarding facility in which the previous owner is continuing to board her horse. She did not clear the property of the large amount of junk that inevitably accumulates at such a facility and she continuously inserts herself into the management choices we make. Two stalls are unusable because they were used to store junk, and we have a waitlist of potential boarders. Also, she gave a friend a ridiculously low rate for a mini and we would really like to raise the rate in a professional and courteous manner. Any tips on how to proceed?

    #2
    You should have had clearing out the accumulated junk written into the purchase and sale.
    If you don't want it there, rent a dumpster and dispose of the junk.
    You'll make up the cost by filling the stalls with boarders vs. junk.
    If you don't want her managing, grow a pair and tell her she isn't part of management.
    Why did you allow her to quote pricing for a facility she does not own?

    Really, the whole list of grievances could be easily addressed by issuing a polite but firm ultimatum to the former owner that she either but out or leave.
    "It's like a Russian nesting doll of train wrecks."--CaitlinandTheBay

    ...just settin' on the Group W bench.

    Comment


      #3
      Originally posted by crescentvalleyfarm View Post
      Also, she gave a friend a ridiculously low rate for a mini and we would really like to raise the rate in a professional and courteous manner. Any tips on how to proceed?
      Im confused us she still managing the rare? Why would she have the authority to be discounting the rate to anyone? Was this before the ownership changed? If that’s the case introduce your new rates and if people don’t like them they can leave.

      Also no point in being upset over junk leftover. Get rid of it and move on and treat the og owner as you would with any other boarder. Run things the way you want to run things and if people don’t like it they can leave. OG Barn owner included.

      Comment


        #4
        Should be spelled out in the sales contract
        Janet

        chief feeder and mucker for Music, Belle and Tiara. Someone else is now feeding and mucking for Chief and Brain (both foxhunting now). Spy is gone. April 15, 1982 to Jan 10, 2019.

        Comment


          #5
          her junk is your junk since it was not removed by closing date as by law in most all states if not all states stuff that was left becomes that of the buyer at the closing (unless prior agreement)

          Comment


            #6
            Give her walking papers.
            ... _. ._ .._. .._

            Comment


              #7
              All of the above, especially the walking papers...

              Comment


                #8
                I gather the mini getting the lower rates is a boarder that stayed when ownership changed? A polite, professional letter saying something along the lines of thanks for being a great boarder, but effective (insert date here) rates are going up to $Xxx.xx

                For the former owner who is cluttering up space with her crap, if a quiet word telling her you need the stalls for paying customers, maybe a letter from a lawyer might be best stating if not removed from the premises by a certain date it will be removed for her. At this rate I'd eat the cost of a dumpster just to turn those into paying stalls. That might annoy her enough to leave and you won't have to deal with her trying to manage your farm.
                ~~Some days are a total waste of makeup.~~

                Comment


                  #9
                  Hmm. Maybe you should tell her she needs to pay board for her junk.
                  Only one cat - must not be totally crazy yet!

                  Comment


                    #10
                    Originally posted by evenstar View Post
                    Hmm. Maybe you should tell her she needs to pay board for her junk.

                    IIWM, I'd give her 30 days to clear out the junk.
                    If it stays, she pays board for the stalls.
                    Use your current boarding contract to show her she will be charged Board X 3 until stalls are empty.
                    If she won't sign, then evict her, her horse & her junk.
                    I believe Horsemen's Lien will apply to both horse & junk.

                    Mini owner needs to be told rate quoted was not from current management & unless you are willing to honor any contract they may have signed prior to you taking possession, board goes up to your current rate, effective 9/1.
                    *friend of bar.ka*RIP all my lovely boys, gone too soon:
                    Steppin' Out 1988-2004
                    Hey Vern! 1982-2009, Cash's Bay Threat 1994-2009
                    Sam(Jaybee Altair) 1994-2015

                    Comment


                      #11
                      Someone needs to take charge or this will just get worse...like any business you have to MANAGE it! Put you big girl panties on and be upfront with all involved, set a timeline and have a written agreement.
                      Humans dont mind duress, in fact they thrive on it. What they mind is not feeling necessary. Sebastian Junger

                      Comment


                        #12
                        What are the terms of this situation, CVF?

                        Is there a reason the previous owner is still boarding there, or are you just allowing her to remain out of kindness?

                        Don't fall for a girl who fell for a horse just to be number two in her world... ~EFO

                        Comment


                          #13
                          I can totally see how this situation would be uncomfortable. The previous owner is used to things being their way and you are clearly the type that does not like confrontation. As much as it sucks, it is time to step up and be the meany (well not really being mean even if they say that you are).

                          From your post I have to assume you did not have all the boarders that were staying sign a new boarding contract with you. This is a mistake. But an opportunity to use that need for a signed contract to make the changes that need to be made.

                          As much as the lower board for the mini is frustrating, I think you need to give them 30 days notice to up their board.

                          Give everyone that is there the new boarding contract that includes what your board is per stall and make sure you point out to the previous owner that this price includes the stalls they have taken up with their junk, so if they have two horses and two stalls of junk then they need to pay board x4. A line that if anyone refuses to agree to this contract they should consider this their notice to vacate by 10/01 would be good. Probably best to work thru this with your lawyer (assuming you have one since you just bought a business).

                          If you start your business by making lots of exceptions you are going to be in a hole that will be hard to get out of.

                          Comment


                            #14
                            Contracts!!!!!!! Have you entered in to new contracts with all boarders? Your terms and conditions to ALL boarders should be set out in your contract with them. Any contract with the previous owner ended at the point of sale of the property to you. If you have new contracts with your clients, enforce them. If you don't, get them set up asap and make sure you are happy with all aspects of them. I can't see how having the previous owner hanging around is ever going to end well for any of you including her - she needs to let go of the property

                            Comment


                              #15
                              Originally posted by Moon River View Post
                              Contracts!!!!!!! Have you entered in to new contracts with all boarders? Your terms and conditions to ALL boarders should be set out in your contract with them. Any contract with the previous owner ended at the point of sale of the property to you.
                              not necessarily, might want to consult with an attorney before passing out the get out of the barn notices

                              If they bought the property and the business the business's obligations continue .... a signed boarding agreement would need to go to maturity. If the prior owner just closed the boarding operation then that's a different story, but it sure appears the operation continued without a missed heartbeat

                              I have had several businesses in rented buildings that were purchased....all rental agreements continued until maturity. The new owner could have offered a buyout of our contract but none did.

                              Comment


                                #16
                                Is she still the barn manager?

                                This happened to a friend, and eventually the old owner became so rude and needy about her horses needs, she had to kick her out. It doesn't seem like the best idea to keep the old owners around, it seems they have trouble letting go of control and don't realize they no longer own the place.

                                Comment


                                  #17
                                  I agree with clanter, if there are existing contracts with expiration, then they have to be honored. If the boarders are month-to-month, then send out a notice to each boarder about the date new contracts must be changed, or horses and owner equipment must be gone. Give boarders a copy of the contract with the letter. Get a dumpster delivered, and start hauling the junk out of the stalls. It became yours when the ownership transfer happened, and I would give a written notice to former owner that as of whatever date you want, the stalls are cleaned out or you'll do it. Then follow through, and you can trash all of the other stuff that's abandoned.

                                  Also, tell previous owner that they no longer own the place, and are just a boarder, and they need to stop butting in. Maybe you should phrase that nicer than I did, unless you want previous owner to leave.

                                  Is the previous owner now just a boarder? Or is there some other agreement where they have a right to operate the barn, or are running the boarding business? If they're just a boarder, time to tell them they need to leave, with proper written notice. And empty the stalls, and any other junk abandoned.
                                  Last edited by JanM; Aug. 31, 2020, 03:28 PM.
                                  You can't fix stupid-Ron White

                                  Comment


                                    #18
                                    How do people have enough money to buy a commercial barn and not enough sense to write adequate terms in to the purchase agreement?
                                    The armchair saddler
                                    Politically Pro-Cat

                                    Comment


                                      #19
                                      That's your junk now. Rent a dumpster and get rid of it.

                                      As for the Barn Manager - you need a contract with her. If you're renting your whole barn to her to board other horses - who cares what she charges? Because it SHOULD be coming out of her profit, not yours.

                                      If that's not how it is set up - you need to change that.

                                      Sounds like a lot of things need to be considered here - it seems like the prior owner is getting a sweet deal - you hold all the liability, she gets to set the terms? Bad idea.

                                      Comment


                                        #20
                                        Originally posted by mvp View Post
                                        How do people have enough money to buy a commercial barn and not enough sense to write adequate terms in to the purchase agreement?
                                        well. some of the fault is the buyers representation or lack of. I often have used real estate attorneys to handle the paperwork (Cheapest lawyer fee you will ever benefit from) But those lawyers know what the paperwork is supposed to include and how it should be worded. Unless a person is buying new pickup trucks everyday a real estate purchase is often the largest purchase they ever make. A contract that is screwy is one that can cost you major headaches

                                        Before the closing the seller should have removed their stuff (or have an agreement with buyer by such and such date the junk would be removed....and if there was such an agreement an escrow account would have been set up to cover the removal costs if seller failed to preform)

                                        My first house we bought, the closing took nine hours as our attorney (who was a close friend) keep finding faults.... the seller rather than getting a check at the end was writing checks to cover items that "were forgotten".

                                        ----

                                        And if the buyer's attorney screws up they have an errors and omission insurance coverage that can be gone after

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