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Temporary horse swap deal with friend

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  • #21
    I understand why your daughter is doing this, but I am curious as to why your friend gets your horse in this situation... if she isn't riding, what IS she doing? Why not just have your daughter take on her horse as a training project, and then you don't have the risk of your horse in someone else's hands?

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    • #22
      Get insurance for both......
      Draumr Hesta Farm
      "Wenn Du denkst es geht nicht mehr, kommt von irgendwo ein kleines Licht daher"
      Member of the COTH Ignorant Disrepectful F-bombs!*- 2Dogs Farm

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      • Original Poster

        #23
        Zu Zu - yes, it can be fragile. Thanks for the jingles.

        That's why I was asking the question to help identify the weak spots. It's amazing that we all have assumptions or even hidden agendas that we don't realize exist until something goes wrong.

        Thanks again.
        Laurie Higgins
        www.coreconnexxions.com
        ________________
        "Expectation is premeditated disappointment."

        Comment

        • Original Poster

          #24
          Tuesday's Child - one part is that my friend can't afford board. I charge $400/mo. Two is I don't really have room for another horse. I do have the stall but I don't really want five horses here. So the way to reduce her board is to swap horses. My horse isn't doing anything anyway and my friend isn't going to ride him. She takes good care of the animals in her charge.

          It's a risk. I'm not saying it's not.

          I'm am trying to help my friend. And, as some wag put it, no good deed goes unpunished.

          So, we shall see what we shall see.
          Laurie Higgins
          www.coreconnexxions.com
          ________________
          "Expectation is premeditated disappointment."

          Comment

          • Original Poster

            #25
            Nootka - have you ever tried to get insurance on grade horses with no show record? The "insurance" we each have is "self-insurance."

            I don't know what my friend paid for her horse five years ago when he was 2 and he's done nothing since. I got my horse free. What exactly do I insure? I could try to claim he's worth $3K but how do I prove that? Out of the three horses I own, two are insured formally. One I paid $14K for as a 3 y.o. The other is my daughter's 18 y.o. Arab who has awards as an endurance horse. And actually, I'm not sure he is insured any more.

            "Self-insurance" BTW means that I'll cross that bridge when I get there. I'll have to decide at that time whether or not to spend the money for whatever.

            I had a horse once that was insured and she colicked. After that surgery, she was no longer insured for colic. I think I continued to insure her for a couple of years with that exclusion. Then she stepped in a hole and severed both flexor tendons. I didn't have major medical and I didn't have loss of use. I gave her away instead.

            Thank you for your suggestion.
            Laurie Higgins
            www.coreconnexxions.com
            ________________
            "Expectation is premeditated disappointment."

            Comment


            • #26
              Just insure each horse for a reasonable amount like $5K for mortality and major medical, get the better deductable rate. So everyone is happy, get your daughter (if still a minor you)...sign a durable Hold Harmless....and better yet just lease each other horse with above insurance for $1.00 then you can use a standard lease agreement that covers all the obvious and then some.
              Its legally more accurate and be sure to pay and cahs the check!!!

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              • #27
                Normally I would definitely recommend insurance for any kind of a lease situation, however, in the situation of a horse with little monetary value for a 1 month lease, I think the insurance would be overkill. Of course you CAN insure a horse worth nothing to get the major medical, but you have to pay to insure for a minimum value that you could never collect. And true, you can cancel the policy early, however you don't get refunded a proportionate amount for the remaining part of the year. I just think it is impractical in this situation.

                Just to clarify based on additional information, it sounds like your daughter is leasing the other horse, but that you guys are then boarding your horse with the other person.

                Comment

                • Original Poster

                  #28
                  Judy & Beehoney - You can correct me if I'm wrong, but are either of you lawyers?

                  I consulted my husband this morning on the lease vs. board issue. Since neither my friend nor I want to lease each other's horse nor do we want to give up "ownership" of our own horses, leasing is not the way to go. It is not "more legal" to lease instead of board. It's just different.

                  Any contract can be designed to fit the parties' needs. In this case we chose to swap board and then add free riding/training to the deal in exchange for eggs, etc., because we wanted to continue to have control over each of our respective horses.

                  If we leased each others' horses, we wouldn't have control over such things as vet, farrier, feed, how to treat, etc. Not that those things are necessarily issues, but it still gives us choices over our respective horses. She still has to notify me and I still have to notify her.

                  And to board one horse and lease the other then makes me responsible for both instead of just one.

                  I think I'll stick with the current attorney I have in-house.

                  Thanks for your thoughts.
                  Laurie Higgins
                  www.coreconnexxions.com
                  ________________
                  "Expectation is premeditated disappointment."

                  Comment


                  • #29
                    I don't understand the defensive attitude. It seems to me that you asked for feedback and you got it.

                    If your only intention was to explain how perfectly suited your respective boarding contracts were to the proposed swap, why didn't you just have a back thumping conversation with your friend and your husband and leave it at that? It is kind of like giving a speech or presentation, asking if there are any questions at the end and then telling anyone who raises their hand to sit down and shut up because they clearly didn't understand your speech.
                    Sheilah
                    ETA: I have sent a horse out for a free lease in the past and EVERYTHING was spelled out in detail, which gave me wonderful control over the care he received for the entire year that he was gone. The contract stipulated which farrier she could use, which vet to use and who was responsible for paying for what. Worked for me and I didn't even have in-house legal advice.

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